Decree officially published empowering BTP to oversee GEBE concession, tariffs and fuel clause

GREAT BAY--The Government of St. Maarten has formally designated the Bureau Telecommunication and Post, BTP, to supervise NV GEBE’s electricity concession, marking the first structured oversight mechanism of its kind under the Electricity Concession Ordinance in more than 15 years.

The decision is contained in Ministerial Decree No. 2026/806, issued jointly by the Minister of Tourism, Economic Affairs, Traffic and Telecommunication, TEATT, and the Minister of Public Housing, Spatial Planning, Environment and Infrastructure, VROMI. The decree was published in the National Gazette on May 22, 2026, and enters into force on the date of publication, which means immediately.

The decree establishes BTP as the body responsible for monitoring NV GEBE’s compliance with its Electricity Concession, including technical, operational and financial obligations. It also gives BTP a formal role in reviewing tariff structures, fuel clause calculations, pricing methodologies and information connected to electricity, water and fuel as utility services.

According to the decree, structured oversight of NV GEBE’s concession obligations has not been established for more than 15 years. Government states that ongoing periodic monitoring is now necessary to ensure compliance with regulatory, operational and safety requirements, as well as to support the multiannual planning obligations prescribed in Articles 5 and 6 of the Electricity Concession.

The decree also notes that no supervisors had previously been designated under the Electricity Concession Ordinance. Government said that absence limited the ability of the Minister of VROMI to exercise structured and continuous oversight as intended by law.

Under Article 1 of the decree, the Minister of TEATT assigns supervision of the Electricity Concession to BTP pursuant to Article 5 paragraph h of the BTP Ordinance. The Minister of VROMI, acting under Article 20 paragraph 1 of the Electricity Concession Ordinance, designates the natural persons who occupy specific operational positions within BTP as official supervisors, known as “Toezichthouder.”

Those designated positions are the Director of BTP, the Head of the Technical Department, Senior Inspectors and Technical and Financial Auditors.

The Minister of VROMI is also required to issue each designated supervisor an official personalized identification card in accordance with Article 21 of the Electricity Concession Ordinance. Supervisors must carry and display this identification during the execution of their duties.

The decree gives the designated supervisors broad statutory investigative and monitoring powers. These include the authority to request all relevant information, demand inspection of books, documents and other data carriers, take copies or temporary possession of such documents, examine and test goods, take samples or temporary possession of goods, and enter all places, except dwellings, without the express consent of the occupant. Supervisors may also be accompanied by persons they designate when necessary.

The decree states that reliable and transparent oversight of the electricity sector is essential to the national interest, the electricity supply and the protection of consumers. It specifically points to recent adjustments to tariff components, particularly the fuel clause, as underscoring the need for verified data, transparent tariff methodologies and independent supervisory oversight.

Under Article 3, BTP is mandated by the Minister of TEATT to demand information from any person under Article 4 of the Price Ordinance, but only in relation to the pricing of electricity, water and fuel as utility services provided by a concession holder. This includes tariff structures, tariff components and fuel clause calculations.

BTP is also authorized to review, analyze and advise the Minister of TEATT on existing or future tariff structures, methodologies and fuel clause calculations of the concession holder. Where BTP’s supervisory work raises concerns, it may also advise the Minister of TEATT on the application of Article 2 of the Price Ordinance, including possible price-related measures in the public interest.

The decree makes clear that the pricing of electricity, water and fuel as utility services falls within the meaning of the Price Ordinance. This engages the supervisory and investigative authority of the Minister of TEATT with respect to utility tariff compliance and price transparency.

The decree also places emphasis on St. Maarten’s energy transition. It notes that Article 14 of NV GEBE’s Electricity Concession imposes obligations on the concession holder to increase the share of sustainable energy in electricity generation. BTP is specifically required to verify compliance with these sustainable energy benchmarks and identify technical, financial or operational obstacles delaying the transition.

Government states that the move toward more efficient and sustainable energy generation is essential to reducing St. Maarten’s dependence on imported fuels and stabilizing long-term electricity costs for consumers.

Under Article 4, the designated supervisors must continuously monitor, review and assess the concession holder’s compliance with all statutory obligations under the Electricity Concession Ordinance, the Price Ordinance and the terms of the Electricity Concession.

BTP must report its objective findings and data assessments to the Ministers of VROMI and TEATT on a quarterly basis, or earlier if circumstances require it or if either Minister requests it.

Article 5 requires the concession holder to fully cooperate with the designated supervisors and mandated BTP officials. NV GEBE must provide all data, access, financial books and logistical assistance reasonably requested for the execution of supervisory and tariff-verification tasks.

Any failure by the concession holder to comply with a lawful demand made by a supervisor or mandated official will constitute a direct violation of national legislation. In such cases, the Minister of VROMI or the Minister of TEATT, within their respective statutory jurisdictions, may initiate enforcement action. This may include administrative coercion, known as “bestuursdwang,” pursuant to Article 22 of the Electricity Concession Ordinance, or the application of legal penalties.

The decree also includes confidentiality requirements. Article 6 states that designated supervisors must handle all operational, commercial, financial and proprietary data obtained during investigations with strict confidentiality, in full compliance with Article 30 of the Electricity Concession Ordinance.

NV GEBE is also required, within five working days of the decree entering into force, to designate a senior corporate representative to serve as the primary focal point for formal communication and data exchange with the designated supervisors.

Article 8 requires BTP to compile structured periodic reports for both Ministers. These reports must include the current compliance status of the concession holder, technical and operational findings from on-site inspections, financial observations relevant to tariff structures, accounting methodologies and the fuel clause, and specific matters requiring executive or political intervention.

Reports must be submitted quarterly, immediately in urgent circumstances, or upon a direct joint or individual request from the Ministers.

The decree also requires that the assignment of supervisory and price-control tasks be formally incorporated into BTP’s annual performance contract. Pursuant to Article 17 paragraph 4 of the BTP Ordinance, the corresponding budget framework must be adjusted to ensure effective execution of the new responsibilities.

The legal basis for the decree includes the Electricity Concession Ordinance, the BTP Ordinance, the Price Ordinance, the Electricity Concession of July 16, 2010, No. 644, and the amendment to the Electricity Concession of May 9, 2014, No. 878/2014.

Government’s decision represents a significant change in how the electricity concession is to be monitored. After years without a formally designated supervisor, BTP will now be responsible for providing technical, operational, financial and tariff-related oversight, while reporting to the Ministers of VROMI and TEATT.

The decree also provides for objection and appeal rights. Interested parties may file an objection within six weeks under the National Ordinance on Administrative Justice, LAR, with the administrative body that issued the decision. Instead of an objection, interested parties may also file an appeal with the Court of First Instance of St. Maarten within the same six-week period.

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