A connection and transport agreement, in Dutch the aansluit- en transportovereenkomst or ATO, governs the relationship between a connected party and the grid operator. It records the connection itself – capacity, location and technical specification – and the transport capacity contracted for consumption and, where relevant, for feed-in.
Statutory basis
The agreement gives effect to the connection and transport obligations of the Energiewet. Its content is largely determined by the ACM codes: the Netcode elektriciteit for technical and procedural conditions and the Tarievencode for the tariffs, which are charged per kilowatt of contracted capacity. General conditions for small and large consumers are drawn up by the sector and assessed by the ACM.
How it works in practice
The contracted transport capacity, not the physical capacity of the cable, determines both the tariff and the entitlement. Reducing contracted capacity lowers the periodic charge but is not always reversible in a congestion area, where the released capacity may be issued to another party. Exceeding the contracted capacity leads to a surcharge or a forced upgrade. Alongside the standard agreement, operators offer time-bound and flexible contracts that trade availability for earlier access.
Where it goes wrong
Two errors dominate. The first is downsizing to save on tariffs and finding that the original capacity cannot be recovered when the business grows or electrifies. The second concerns transfers: on the sale of a building or a company the agreement does not simply follow the property. If it is not transferred correctly the seller stays liable for the charges, or the buyer is left with a connection but no contracted capacity. Landlords who supply tenants through a private network face a further risk, because reselling energy can require a supply licence.
Related terms
Grid operator, grid congestion and supply licence.
Are you buying premises, downsizing a connection or splitting one across tenants? Our energy lawyers check the agreement and the transfer before it costs capacity.
