Legislation

Legal supervision

Supervision on the energy sector within the sphere of activity of electricity provision in Curaçao is sub-divided between two tracks by law. One of those is the legal supervision.

The frameworks for the legal supervision on the electricity provision have been laid down in the National Ordinance Electricity Concessions, (P.B. 1963, no. 64). This national ordinance establishes the frameworks within which the entrepreneur is permitted to produce electricity and distribute it to third parties. This is only permitted if the entrepreneur has been granted an electricity concession.

The concession may be granted for a maximum of 50 years with the possibility of prolongation at the request of the entrepreneur. The rules, terms and conditions, and obligations applicable to the concession-holder for electricity are to be consulted in:

• The National Ordinance electricity concession, (P.B. 1963, no. 64) *

* Note: This National Ordinance has not yet been adapted to the new constitutional structure effective as from 10 October 2010.

Economic supervision

Apart from the legal supervision by means of the National Ordinance Electricity Concessions, the supervision on the energy sector within the sphere of activity of electricity provision in Curaçao is guided by the law in accordance with the rules and prescriptions of the economic supervision. The guiding principles for economic supervision on electricity provision, have been laid down in the Prices Ordinance, (P.B. 1961, no. 117). The focal point of the economic supervision is the affordability of the electricity tariffs.

The Prices Ordinance facilitates the process of determining prices for goods and services and along with it also the establishment of electricity tariffs. In addition the Decree on Prices for basic-, fuel- and consumer tariffs is also applicable for the determination of the maximum tariff for electricity for each user group.

• Prices Ordinance 1961, (P.B. 1961, no. 117)*
• Decree on Prices for basic-, fuel- and consumer tariffs Curaçao 1995, (AB 1995, no. 44)

* Note: This National Ordinance has not yet been adapted to the new constitutional structure effective as from 10 October 2010.

Implementation regulation sustainably generated electricity

The guiding principles, terms and conditions and the level of the determined tariffs for retro-supply of sustainably not business-oriented generated energy, delivered back through installations connected to the public electricity network, are outlined in the Ministerial regulation on tariffs for retro-delivery of sustainably generated electricity 2015.

• Ministerial regulation on tariffs for retro-delivery of sustainably generated electricity 2015, (P.B. 2014, no. 100)
• Ministerial regulation on tariffs for retro-delivery of sustainably generated electricity 2015,(P.B. 2016, no. 9)

In connection with this implementing regulation other prescriptions are also applicable to the tariff structure. These prescriptions have been laid down in the tariff guidelines that have been enacted for this purpose.