1999/796/EC: Commission Decision of 8 July 1999 concerning the application of the Netherlands for a transitional regime under Article 24 of Directive 96/92/EC of the European Parliament and of the Council concerning common rules for the internal market in electricity (notified under document number C(1999) 1551/6) (Only the Dutch text is authentic)
This Decision concerns the application of the Netherlands for a transitional regime pursuant to Article 24 of Directive 96/92/EC, notified to the Commission on 20 February 1998 and completed on 16 October 1998. This notification concerns:
(a) commitments undertaken with respect to the Demkolec demonstration coal gasification plant at Buggenum;
(b) commitments entered into by production companies regarding the price charged for district heating;
(c) international purchasing commitments entered into by SEP;
(d) a Protocol agreement concluded between Dutch producers and distributors in 1997.
The transitional regime notified by the Netherlands with respect to commitments entered into by production companies regarding the price charged for district heating and commitments undertaken with respect to the Demkolec demonstration coal gasification plant at Buggenum contains no measures which would constitute derogations from Chapters IV, VI or VII of Directive 96/92/EC, as defined by Article 24(2) thereof. Article 24 is, therefore, not applicable to the transitional regime notified by the Dutch Government.
Article 76 of the Dutch Electricity Act concerning the Protocol is not approved pursuant to Article 24 of Directive 96/92/EC. The Commission should receive supplementary information pursuant to Article 24 in the event of recourse to this provision.
The scheme for the recovery of losses on international commitments contained in the letter of 16 October 1998 cannot be considered under Article 24 of Directive 96/92/EC, because this scheme was notified to the Commission more than one year after the entry into force of the Directive.
The decision is addressed to the Kingdom of the Netherlands.
Done at Brussels, 8 July 1999.
For the Commission
Christos PAPOUTSIS
Member of the Commission
(1) OJ L 27, 30.1.1997, p. 20.
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Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
