What changed, Directive 2009/73/EC

+ ## CHAPTER I / SUBJECT MATTER, SCOPE AND DEFINITIONS
− ### art_1
+ ### Article 1 — Subject matter and scope
− Article 1
+ ### Article 2 — Definitions
− ### art_2
+ For the purposes of this Directive, the following definitions apply:
− Article 2
+ (1) ‘natural gas undertaking’ means a natural or legal person carrying out at least one of the following functions: production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, which is responsible for the commercial, technical and/or maintenance tasks related t…
− For the purposes of this Directive, the following definitions apply:
+ (2) ‘upstream pipeline network’ means any pipeline or network of pipelines operated and/or constructed as part of an oil or gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal;
− | (1) | ‘natural gas undertaking’ means a natural or legal person carrying out at least one of the following functions: production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, which is responsible for the commercial, technical and/or maintenance tasks relat…
− | --- | --- |
+ (3) ‘transmission’ means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its de…
− | (2) | ‘upstream pipeline network’ means any pipeline or network of pipelines operated and/or constructed as part of an oil or gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal; |
− | --- | --- |
+ (4) ‘transmission system operator’ means a natural or legal person who carries out the function of transmission and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the transmission system in a given area and, where applicable, its interconnections with other …
− | (3) | ‘transmission’ means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to it…
− | --- | --- |
+ (5) ‘distribution’ means the transport of natural gas through local or regional pipeline networks with a view to its delivery to customers, but not including supply;
− | (4) | ‘transmission system operator’ means a natural or legal person who carries out the function of transmission and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the transmission system in a given area and, where applicable, its interconnections with ot…
− | --- | --- |
+ (6) ‘distribution system operator’ means a natural or legal person who carries out the function of distribution and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other …
− | (5) | ‘distribution’ means the transport of natural gas through local or regional pipeline networks with a view to its delivery to customers, but not including supply; |
− | --- | --- |
+ (7) ‘supply’ means the sale, including resale, of natural gas, including LNG, to customers;
− | (6) | ‘distribution system operator’ means a natural or legal person who carries out the function of distribution and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with ot…
− | --- | --- |
+ (8) ‘supply undertaking’ means any natural or legal person who carries out the function of supply;
− | (7) | ‘supply’ means the sale, including resale, of natural gas, including LNG, to customers; |
− | --- | --- |
+ (9) ‘storage facility’ means a facility used for the stocking of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations, and excluding facilities reserved exclusively for trans…
+ 
+ (10) ‘storage system operator’ means a natural or legal person who carries out the function of storage and is responsible for operating a storage facility;
− | (8) | ‘supply undertaking’ means any natural or legal person who carries out the function of supply; |
− | --- | --- |
+ (11) ‘LNG facility’ means a terminal which is used for the liquefaction of natural gas or the importation, offloading, and re-gasification of LNG, and includes ancillary services and temporary storage necessary for the re-gasification process and subsequent delivery to the transmission system, but d…
− | (9) | ‘storage facility’ means a facility used for the stocking of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations, and excluding facilities reserved exclusively for t…
− | --- | --- |
+ (12) ‘LNG system operator’ means a natural or legal person who carries out the function of liquefaction of natural gas, or the importation, offloading, and re-gasification of LNG and is responsible for operating a LNG facility;
− | (10) | ‘storage system operator’ means a natural or legal person who carries out the function of storage and is responsible for operating a storage facility; |
− | --- | --- |
+ (13) ‘system’ means any transmission networks, distribution networks, LNG facilities and/or storage facilities owned and/or operated by a natural gas undertaking, including linepack and its facilities supplying ancillary services and those of related undertakings necessary for providing access to tr…
− | (11) | ‘LNG facility’ means a terminal which is used for the liquefaction of natural gas or the importation, offloading, and re-gasification of LNG, and includes ancillary services and temporary storage necessary for the re-gasification process and subsequent delivery to the transmission system, b…
− | --- | --- |
+ (14) ‘ancillary services’ means all services necessary for access to and the operation of transmission networks, distribution networks, LNG facilities, and/or storage facilities, including load balancing, blending and injection of inert gases, but not including facilities reserved exclusively for tr…
− | (12) | ‘LNG system operator’ means a natural or legal person who carries out the function of liquefaction of natural gas, or the importation, offloading, and re-gasification of LNG and is responsible for operating a LNG facility; |
− | --- | --- |
+ (15) ‘linepack’ means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions;
− | (13) | ‘system’ means any transmission networks, distribution networks, LNG facilities and/or storage facilities owned and/or operated by a natural gas undertaking, including linepack and its facilities supplying ancillary services and those of related undertakings necessary for providing access t…
− | --- | --- |
+ (16) ‘interconnected system’ means a number of systems which are linked with each other;
− | (14) | ‘ancillary services’ means all services necessary for access to and the operation of transmission networks, distribution networks, LNG facilities, and/or storage facilities, including load balancing, blending and injection of inert gases, but not including facilities reserved exclusively fo…
− | --- | --- |
+ (17) ‘interconnector’ means a transmission line which crosses or spans a border between Member States for the sole purpose of connecting the national transmission systems of those Member States;
− | (15) | ‘linepack’ means the storage of gas by compression in gas transmission and distribution systems, but not including facilities reserved for transmission system operators carrying out their functions; |
− | --- | --- |
+ (18) ‘direct line’ means a natural gas pipeline complementary to the interconnected system;
− | (16) | ‘interconnected system’ means a number of systems which are linked with each other; |
− | --- | --- |
+ (19) ‘integrated natural gas undertaking’ means a vertically or horizontally integrated undertaking;
− | (17) | ‘interconnector’ means a transmission line which crosses or spans a border between Member States for the sole purpose of connecting the national transmission systems of those Member States; |
− | --- | --- |
+ (20) ‘vertically integrated undertaking’ means a natural gas undertaking or a group of natural gas undertakings where the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the function…
− | (18) | ‘direct line’ means a natural gas pipeline complementary to the interconnected system; |
− | --- | --- |
+ (21) ‘horizontally integrated undertaking’ means an undertaking performing at least one of the functions of production, transmission, distribution, supply or storage of natural gas, and a non-gas activity;
− | (19) | ‘integrated natural gas undertaking’ means a vertically or horizontally integrated undertaking; |
− | --- | --- |
+ (22) ‘related undertaking’ means an affiliated undertaking, within the meaning of Article 41 of Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 44(2)(g) (*1) of the Treaty on consolidated accounts (1) and/or an associated undertaking, within the meaning of Article 33(1) of …
− | (20) | ‘vertically integrated undertaking’ means a natural gas undertaking or a group of natural gas undertakings where the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the func…
− | --- | --- |
+ (23) ‘system user’ means a natural or legal person supplying to, or being supplied by, the system;
− | (21) | ‘horizontally integrated undertaking’ means an undertaking performing at least one of the functions of production, transmission, distribution, supply or storage of natural gas, and a non-gas activity; |
− | --- | --- |
+ (24) ‘customer’ means a wholesale or final customer of natural gas or a natural gas undertaking which purchases natural gas;
− | (22) | ‘related undertaking’ means an affiliated undertaking, within the meaning of Article 41 of Seventh Council Directive 83/349/EEC of 13 June 1983 based on the Article 44(2)(g) (*1) of the Treaty on consolidated accounts (12) and/or an associated undertaking, within the meaning of Article 33(1…
− | --- | --- |
+ (25) ‘household customer’ means a customer purchasing natural gas for his own household consumption;
− | (23) | ‘system user’ means a natural or legal person supplying to, or being supplied by, the system; |
− | --- | --- |
+ (26) ‘non-household customer’ means a customer purchasing natural gas which is not for his own household use;
− | (24) | ‘customer’ means a wholesale or final customer of natural gas or a natural gas undertaking which purchases natural gas; |
− | --- | --- |
+ (27) ‘final customer’ means a customer purchasing natural gas for his own use;
− | (25) | ‘household customer’ means a customer purchasing natural gas for his own household consumption; |
− | --- | --- |
+ (28) ‘eligible customer’ means a customer who is free to purchase gas from the supplier of his choice, within the meaning of Article 37;
− | (26) | ‘non-household customer’ means a customer purchasing natural gas which is not for his own household use; |
− | --- | --- |
+ (29) ‘wholesale customer’ means a natural or legal person other than a transmission system operator or distribution system operator who purchases natural gas for the purpose of resale inside or outside the system where he is established;
− | (27) | ‘final customer’ means a customer purchasing natural gas for his own use; |
− | --- | --- |
+ (30) ‘long-term planning’ means the planning of supply and transport capacity of natural gas undertakings on a long-term basis with a view to meeting the demand for natural gas of the system, diversification of sources and securing supplies to customers;
− | (28) | ‘eligible customer’ means a customer who is free to purchase gas from the supplier of his choice, within the meaning of Article 37; |
− | --- | --- |
+ (31) ‘emergent market’ means a Member State in which the first commercial supply of its first long-term natural gas supply contract was made not more than 10 years earlier;
− | (29) | ‘wholesale customer’ means a natural or legal person other than a transmission system operator or distribution system operator who purchases natural gas for the purpose of resale inside or outside the system where he is established; |
− | --- | --- |
+ (32) ‘security’ means both security of supply of natural gas and technical safety;
− | (30) | ‘long-term planning’ means the planning of supply and transport capacity of natural gas undertakings on a long-term basis with a view to meeting the demand for natural gas of the system, diversification of sources and securing supplies to customers; |
− | --- | --- |
+ (33) ‘new infrastructure’ means an infrastructure not completed by 4 August 2003;
− | (31) | ‘emergent market’ means a Member State in which the first commercial supply of its first long-term natural gas supply contract was made not more than 10 years earlier; |
− | --- | --- |
+ (34) ‘gas supply contract’ means a contract for the supply of natural gas, but does not include a gas derivative;
− | (32) | ‘security’ means both security of supply of natural gas and technical safety; |
− | --- | --- |
+ (35) ‘gas derivative’ means a financial instrument specified in points 5, 6 or 7 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (2), where that instrument relates to natural gas;
− | (33) | ‘new infrastructure’ means an infrastructure not completed by 4 August 2003; |
− | --- | --- |
+ (36) ‘control’ means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:
− | (34) | ‘gas supply contract’ means a contract for the supply of natural gas, but does not include a gas derivative; |
− | --- | --- |
+ (a) ownership or the right to use all or part of the assets of an undertaking;
− | (35) | ‘gas derivative’ means a financial instrument specified in points 5, 6 or 7 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments (13), where that instrument relates to natural gas; |
− | --- | --- |
+ (b) rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
− | (36) | ‘control’ means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive influence on an undertaking, in particular by:(a)ownership or the right to use a…
− | --- | --- |
− | (a) | ownership or the right to use all or part of the assets of an undertaking; |
− | (b) | rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking. |
+ ## CHAPTER II / GENERAL RULES FOR THE ORGANISATION OF THE SECTOR
− ### art_3
+ ### Article 3 — Public service obligations and customer protection
− Article 3
+ 3. Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and,…
− 3. Member States shall take appropriate measures to protect final customers, and shall, in particular, ensure that there are adequate safeguards to protect vulnerable customers. In this context, each Member State shall define the concept of vulnerable customers which may refer to energy poverty and,…
+ (a) where a customer, while respecting the contractual conditions, wishes to change supplier, the change is effected by the operator(s) concerned within three weeks; and
− | (a) | where a customer, while respecting the contractual conditions, wishes to change supplier, the change is effected by the operator(s) concerned within three weeks; and |
− | --- | --- |
+ (b) customers are entitled to receive all relevant consumption data.
− | (b) | customers are entitled to receive all relevant consumption data. |
− | --- | --- |
+ 10. Member States may decide not to apply the provisions of Article 4 with respect to distribution insofar as their application would obstruct, in law or in fact, the performance of the obligations imposed on natural gas undertakings in the general economic interest and insofar as the development of…
− 10. Member States may decide not to apply the provisions of Article 4 with respect to distribution insofar as their application would obstruct, in law or in fact, the performance of the obligations imposed on natural gas undertakings in the general economic interest and insofar as the development of…
+ ### Article 4 — Authorisation procedure
− ### art_4
− 
− Article 4
+ ### Article 6 — Regional solidarity
− ### art_5
− 
− Article 5
− 
− Member States shall ensure the monitoring of security of supply issues. Where Member States consider it appropriate, they may delegate that task to the regulatory authorities referred to in Article 39(1). Such monitoring shall, in particular, cover the balance of supply and demand on the national ma…
− 
− ### art_6
− Article 6
− 
+ (a) coordination of national emergency measures referred to in Article 8 of Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (3);
− | (a) | coordination of national emergency measures referred to in Article 8 of Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of natural gas supply (14); |
− | --- | --- |
+ (b) identification and, where necessary, development or upgrading of electricity and natural gas interconnections; and
− | (b) | identification and, where necessary, development or upgrading of electricity and natural gas interconnections; and |
− | --- | --- |
+ (c) conditions and practical modalities for mutual assistance.
− | (c) | conditions and practical modalities for mutual assistance. |
− | --- | --- |
+ ### Article 7 — Promotion of regional cooperation
− ### art_7
− 
− Article 7
+ ### Article 8 — Technical rules
+ 
+ The regulatory authorities where Member States have so provided or Member States shall ensure that technical safety criteria are defined and that technical rules establishing the minimum technical design and operational requirements for the connection to the system of LNG facilities, storage facilit…
− ### art_8
+ ## CHAPTER III / TRANSMISSION, STORAGE AND LNG
− Article 8
+ ### Article 9 — Unbundling of transmission systems and transmission system operators
− The regulatory authorities where Member States have so provided or Member States shall ensure that technical safety criteria are defined and that technical rules establishing the minimum technical design and operational requirements for the connection to the system of LNG facilities, storage facilit…
+ 1. Member States shall ensure that from 3 March 2012:
− ### art_9
+ (a) each undertaking which owns a transmission system acts as a transmission system operator;
− Article 9
+ (b) the same person or persons are entitled neither:
− 1. Member States shall ensure that from 3 March 2012:
+ (i) directly or indirectly to exercise control over an undertaking performing any of the functions of production or supply, and directly or indirectly to exercise control or exercise any right over a transmission system operator or over a transmission system; nor
− | (a) | each undertaking which owns a transmission system acts as a transmission system operator; |
− | --- | --- |
+ (ii) directly or indirectly to exercise control over a transmission system operator or over a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of production or supply;
− | (b) | the same person or persons are entitled neither:(i)directly or indirectly to exercise control over an undertaking performing any of the functions of production or supply, and directly or indirectly to exercise control or exercise any right over a transmission system operator or over a transm…
− | --- | --- |
− | (i) | directly or indirectly to exercise control over an undertaking performing any of the functions of production or supply, and directly or indirectly to exercise control or exercise any right over a transmission system operator or over a transmission system; nor |
− | (ii) | directly or indirectly to exercise control over a transmission system operator or over a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of production or supply; |
+ (c) the same person or persons are not entitled to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator or a transmission system, and directly or indirectly to exercise control or exercise any right over …
− | (c) | the same person or persons are not entitled to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator or a transmission system, and directly or indirectly to exercise control or exercise any right o…
− | --- | --- |
+ (d) the same person is not entitled to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both an undertaking performing any of the functions of production or supply and a transmission system operator or a transmission system.
− | (d) | the same person is not entitled to be a member of the supervisory board, the administrative board or bodies legally representing the undertaking, of both an undertaking performing any of the functions of production or supply and a transmission system operator or a transmission system. |
− | --- | --- |
+ (a) the power to exercise voting rights;
− | (a) | the power to exercise voting rights; |
− | --- | --- |
+ (b) the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking; or
− | (b) | the power to appoint members of the supervisory board, the administrative board or bodies legally representing the undertaking; or |
− | --- | --- |
+ (c) the holding of a majority share.
− | (c) | the holding of a majority share. |
− | --- | --- |
+ 3. For the purpose of paragraph 1(b), the notion ‘undertaking performing any of the functions of production or supply’ shall include ‘undertaking performing any of the functions of generation and supply’ within the meaning of Directive 2009/72/EC of the European Parliament and of the Council of 13 J…
− 3. For the purpose of paragraph 1(b), the notion ‘undertaking performing any of the functions of production or supply’ shall include ‘undertaking performing any of the functions of generation and supply’ within the meaning of Directive 2009/72/EC of the European Parliament and of the Council of 13 J…
+ (a) designate an independent system operator in accordance with Article 14, or
− | (a) | designate an independent system operator in accordance with Article 14, or |
− | --- | --- |
+ (b) comply with the provisions of Chapter IV.
− | (b) | comply with the provisions of Chapter IV. |
− | --- | --- |
+ ### Article 10 — Designation and certification of transmission system operators
− ### art_10
− Article 10
− 
+ 2. Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 9, pursuant to the certification procedure, shall be approved and designated as transmission system operators by Member States. The d…
− 2. Undertakings which own a transmission system and which have been certified by the national regulatory authority as having complied with the requirements of Article 9, pursuant to the certification procedure, shall be approved and designated as transmission system operators by Member States. The d…
+ (a) upon notification by the transmission system operator pursuant to paragraph 3;
− | (a) | upon notification by the transmission system operator pursuant to paragraph 3; |
− | --- | --- |
+ (b) on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 9, or where they have reason to believe that such an infringement may have occurred; or
− | (b) | on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 9, or where they have reason to believe that such an infringement may have occurred; or |
− | --- | --- |
+ (c) upon a reasoned request from the Commission.
− | (c) | upon a reasoned request from the Commission. |
− | --- | --- |
+ ### Article 11 — Certification in relation to third countries
− ### art_11
− Article 11
− 
+ 
+ (a) that the entity concerned complies with the requirements of Article 9; and
+ 
+ (b) to the regulatory authority or to another competent authority designated by the Member State that granting certification will not put at risk the security of energy supply of the Member State and the Community. In considering that question the regulatory authority or other competent authority so…
+ 
+ (i) the rights and obligations of the Community with respect to that third country arising under international law, including any agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of energy supply;
+ (ii) the rights and obligations of the Member State with respect to that third country arising under agreements concluded with it, insofar as they are in compliance with Community law; and
− | (a) | that the entity concerned complies with the requirements of Article 9; and |
− | --- | --- |
+ (iii) other specific facts and circumstances of the case and the third country concerned.
− | (b) | to the regulatory authority or to another competent authority designated by the Member State that granting certification will not put at risk the security of energy supply of the Member State and the Community. In considering that question the regulatory authority or other competent authorit…
− | --- | --- |
− | (i) | the rights and obligations of the Community with respect to that third country arising under international law, including any agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of energy supply; |
− | (ii) | the rights and obligations of the Member State with respect to that third country arising under agreements concluded with it, insofar as they are in compliance with Community law; and |
− | (iii) | other specific facts and circumstances of the case and the third country concerned. |
+ (a) the entity concerned complies with the requirements of Article 9; and
− | (a) | the entity concerned complies with the requirements of Article 9; and |
− | --- | --- |
+ (b) granting certification will not put at risk the security of energy supply to the Community.
− | (b) | granting certification will not put at risk the security of energy supply to the Community. |
− | --- | --- |
+ (a) the specific facts of the case and the third country or third countries concerned; and
− | (a) | the specific facts of the case and the third country or third countries concerned; and |
− | --- | --- |
+ (b) the rights and obligations of the Community with respect to that third country or third countries arising under international law, including an agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of supply.
− | (b) | the rights and obligations of the Community with respect to that third country or third countries arising under international law, including an agreement concluded with one or more third countries to which the Community is a party and which addresses the issues of security of supply. |
− | --- | --- |
+ ### Article 12 — Designation of storage and LNG system operators
− ### art_12
− Article 12
− 
+ ### Article 13 — Tasks of transmission, storage and/or LNG system operators
− ### art_13
− 
− Article 13
+ (a) operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage and/or LNG facilities to secure an open market, with due regard to the environment, ensure adequate means to meet service obligations;
− | (a) | operate, maintain and develop under economic conditions secure, reliable and efficient transmission, storage and/or LNG facilities to secure an open market, with due regard to the environment, ensure adequate means to meet service obligations; |
− | --- | --- |
+ (b) refrain from discriminating between system users or classes of system users, particularly in favour of its related undertakings;
− | (b) | refrain from discriminating between system users or classes of system users, particularly in favour of its related undertakings; |
− | --- | --- |
+ (c) provide any other transmission system operator, any other storage system operator, any other LNG system operator and/or any distribution system operator, sufficient information to ensure that the transport and storage of natural gas may take place in a manner compatible with the secure and effic…
− | (c) | provide any other transmission system operator, any other storage system operator, any other LNG system operator and/or any distribution system operator, sufficient information to ensure that the transport and storage of natural gas may take place in a manner compatible with the secure and e…
− | --- | --- |
+ (d) provide system users with the information they need for efficient access to the system.
− | (d) | provide system users with the information they need for efficient access to the system. |
− | --- | --- |
+ ### Article 14 — Independent system operators
− ### art_14
− 
− Article 14
+ (a) the candidate operator has demonstrated that it complies with the requirements of Article 9(1)(b), (c) and (d);
− | (a) | the candidate operator has demonstrated that it complies with the requirements of Article 9(1)(b), (c) and (d); |
− | --- | --- |
+ (b) the candidate operator has demonstrated that it has at its disposal the required financial, technical, physical and human resources to carry out its tasks under Article 13;
− | (b) | the candidate operator has demonstrated that it has at its disposal the required financial, technical, physical and human resources to carry out its tasks under Article 13; |
− | --- | --- |
+ (c) the candidate operator has undertaken to comply with a ten-year network development plan monitored by the regulatory authority;
− | (c) | the candidate operator has undertaken to comply with a ten-year network development plan monitored by the regulatory authority; |
− | --- | --- |
+ (d) the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 5. To that end, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; and
− | (d) | the transmission system owner has demonstrated its ability to comply with its obligations under paragraph 5. To that end, it shall provide all the draft contractual arrangements with the candidate undertaking and any other relevant entity; and |
− | --- | --- |
+ (e) the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 715/2009 including the cooperation of transmission system operators at European and regional level.
− | (e) | the candidate operator has demonstrated its ability to comply with its obligations under Regulation (EC) No 715/2009 including the cooperation of transmission system operators at European and regional level. |
− | --- | --- |
+ (a) provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information;
− | (a) | provide all the relevant cooperation and support to the independent system operator for the fulfilment of its tasks, including in particular all relevant information; |
− | --- | --- |
+ (b) finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulatory au…
− | (b) | finance the investments decided by the independent system operator and approved by the regulatory authority, or give its agreement to financing by any interested party including the independent system operator. The relevant financing arrangements shall be subject to approval by the regulator…
− | --- | --- |
+ (c) provide for the coverage of liability relating to the network assets, excluding the liability relating to the tasks of the independent system operator; and
− | (c) | provide for the coverage of liability relating to the network assets, excluding the liability relating to the tasks of the independent system operator; and |
− | --- | --- |
+ (d) provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to point (b), it has given its agreement to financing by any interested party including the independent system operator.
− | (d) | provide guarantees to facilitate financing any network expansions with the exception of those investments where, pursuant to point (b), it has given its agreement to financing by any interested party including the independent system operator. |
− | --- | --- |
+ ### Article 15 — Unbundling of transmission system owners and storage system operators
− ### art_15
− Article 15
− 
+ (a) persons responsible for the management of the transmission system owner and storage system operator shall not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production and supply of natural gas;
− | (a) | persons responsible for the management of the transmission system owner and storage system operator shall not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production and supply of natural …
− | --- | --- |
+ (b) appropriate measures shall be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently;
− | (b) | appropriate measures shall be taken to ensure that the professional interests of persons responsible for the management of the transmission system owner and storage system operator are taken into account in a manner that ensures that they are capable of acting independently; |
− | --- | --- |
+ (c) the storage system operator shall have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechanisms …
− | (c) | the storage system operator shall have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the storage facilities. This shall not preclude the existence of appropriate coordination mechani…
− | --- | --- |
+ (d) the transmission system owner and the storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific obl…
− | (d) | the transmission system owner and the storage system operator shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific…
− | --- | --- |
+ ### Article 16 — Confidentiality for transmission system operators and transmission system owners
− ### art_16
− Article 16
− 
+ ## CHAPTER IV / INDEPENDENT TRANSMISSION OPERATOR
− ### art_17
+ ### Article 17 — Assets, equipment, staff and identity
− Article 17
+ 
+ (a) assets that are necessary for the activity of gas transmission, including the transmission system, shall be owned by the transmission system operator;
+ 
+ (b) personnel necessary for the activity of gas transmission, including the performance of all corporate tasks, shall be employed by the transmission system operator;
+ (c) leasing of personnel and rendering of services, to and from any other parts of the vertically integrated undertaking shall be prohibited. A transmission system operator may, however, render services to the vertically integrated undertaking as long as:
− | (a) | assets that are necessary for the activity of gas transmission, including the transmission system, shall be owned by the transmission system operator; |
− | --- | --- |
+ (i) the provision of those services does not discriminate between system users, is available to all system users on the same terms and conditions and does not restrict, distort or prevent competition in production or supply; and
− | (b) | personnel necessary for the activity of gas transmission, including the performance of all corporate tasks, shall be employed by the transmission system operator; |
− | --- | --- |
+ (ii) the terms and conditions of the provision of those services are approved by the regulatory authority;
− | (c) | leasing of personnel and rendering of services, to and from any other parts of the vertically integrated undertaking shall be prohibited. A transmission system operator may, however, render services to the vertically integrated undertaking as long as:(i)the provision of those services does n…
− | --- | --- |
− | (i) | the provision of those services does not discriminate between system users, is available to all system users on the same terms and conditions and does not restrict, distort or prevent competition in production or supply; and |
− | (ii) | the terms and conditions of the provision of those services are approved by the regulatory authority; |
+ (d) without prejudice to the decisions of the Supervisory Body under Article 20, appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be made available to the transmission system operator in due time by the vertically integrated undertaki…
− | (d) | without prejudice to the decisions of the Supervisory Body under Article 20, appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be made available to the transmission system operator in due time by the vertically integrated under…
− | --- | --- |
+ (a) the representation of the transmission system operator and contacts to third parties and the regulatory authorities;
− | (a) | the representation of the transmission system operator and contacts to third parties and the regulatory authorities; |
− | --- | --- |
+ (b) the representation of the transmission system operator within the European Network of Transmission System Operators for Gas (ENTSO for Gas);
− | (b) | the representation of the transmission system operator within the European Network of Transmission System Operators for Gas (ENTSO for Gas); |
− | --- | --- |
+ (c) granting and managing third-party access on a non-discriminatory basis between system users or classes of system users;
− | (c) | granting and managing third-party access on a non-discriminatory basis between system users or classes of system users; |
− | --- | --- |
+ (d) the collection of all the transmission system related charges including access charges, balancing charges for ancillary services such as gas treatment, purchasing of services (balancing costs, energy for losses);
− | (d) | the collection of all the transmission system related charges including access charges, balancing charges for ancillary services such as gas treatment, purchasing of services (balancing costs, energy for losses); |
− | --- | --- |
+ (e) the operation, maintenance and development of a secure, efficient and economic transmission system;
− | (e) | the operation, maintenance and development of a secure, efficient and economic transmission system; |
− | --- | --- |
+ (f) investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply;
− | (f) | investment planning ensuring the long-term ability of the system to meet reasonable demand and guaranteeing security of supply; |
− | --- | --- |
+ (g) the setting up of appropriate joint ventures, including with one or more transmission system operators, gas exchanges, and the other relevant actors pursuing the objective to develop the creation of regional markets or to facilitate the liberalisation process; and
− | (g) | the setting up of appropriate joint ventures, including with one or more transmission system operators, gas exchanges, and the other relevant actors pursuing the objective to develop the creation of regional markets or to facilitate the liberalisation process; and |
− | --- | --- |
+ (h) all corporate services, including legal services, accountancy and IT services.
− | (h) | all corporate services, including legal services, accountancy and IT services. |
− | --- | --- |
+ 3. Transmission system operators shall be organised in a legal form as referred to in Article 1 of Council Directive 68/151/EEC (6).
− 3. Transmission system operators shall be organised in a legal form as referred to in Article 1 of Council Directive 68/151/EEC (17).
+ ### Article 18 — Independence of the transmission system operator
− ### art_18
− Article 18
− 
+ (a) effective decision-making rights, independent from the vertically integrated undertaking, with respect to assets necessary to operate, maintain or develop the transmission system; and
− | (a) | effective decision-making rights, independent from the vertically integrated undertaking, with respect to assets necessary to operate, maintain or develop the transmission system; and |
− | --- | --- |
+ (b) the power to raise money on the capital market in particular through borrowing and capital increase.
− | (b) | the power to raise money on the capital market in particular through borrowing and capital increase. |
− | --- | --- |
+ ### Article 19 — Independence of the staff and the management of the transmission system operator
− ### art_19
− Article 19
− 
+ (a) doubts arise as to the professional independence of a nominated person responsible for the management and/or member of the administrative bodies; or
− | (a) | doubts arise as to the professional independence of a nominated person responsible for the management and/or member of the administrative bodies; or |
− | --- | --- |
+ (b) in the case of premature termination of a term of office, doubts exist regarding the justification of such premature termination.
− | (b) | in the case of premature termination of a term of office, doubts exist regarding the justification of such premature termination. |
− | --- | --- |
+ ### Article 20 — Supervisory Body
− ### art_20
− 
− Article 20
− 
− ### art_21
+ ### Article 21 — Compliance programme and compliance officer
− Article 21
+ (a) monitoring the implementation of the compliance programme;
− | (a) | monitoring the implementation of the compliance programme; |
− | --- | --- |
+ (b) elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the regulatory authority;
− | (b) | elaborating an annual report, setting out the measures taken in order to implement the compliance programme and submitting it to the regulatory authority; |
− | --- | --- |
+ (c) reporting to the Supervisory Body and issuing recommendations on the compliance programme and its implementation;
− | (c) | reporting to the Supervisory Body and issuing recommendations on the compliance programme and its implementation; |
− | --- | --- |
+ (d) notifying the regulatory authority on any substantial breaches with regard to the implementation of the compliance programme; and
− | (d) | notifying the regulatory authority on any substantial breaches with regard to the implementation of the compliance programme; and |
− | --- | --- |
+ (e) reporting to the regulatory authority on any commercial and financial relations between the vertically integrated undertaking and the transmission system operator.
− | (e) | reporting to the regulatory authority on any commercial and financial relations between the vertically integrated undertaking and the transmission system operator. |
− | --- | --- |
+ (a) conditions for access to the network, as defined in Regulation (EC) No 715/2009, in particular regarding tariffs, third party access services, capacity allocation and congestion management, transparency, balancing and secondary markets;
− | (a) | conditions for access to the network, as defined in Regulation (EC) No 715/2009, in particular regarding tariffs, third party access services, capacity allocation and congestion management, transparency, balancing and secondary markets; |
− | --- | --- |
+ (b) projects undertaken in order to operate, maintain and develop the transmission system, including investments in new transport connections, in expansion of capacity and in optimisation of existing capacity;
− | (b) | projects undertaken in order to operate, maintain and develop the transmission system, including investments in new transport connections, in expansion of capacity and in optimisation of existing capacity; |
− | --- | --- |
+ (c) energy purchases or sales necessary for the operation of the transmission system.
− | (c) | energy purchases or sales necessary for the operation of the transmission system. |
− | --- | --- |
− 
− ### art_22
+ ### Article 22 — Network development and powers to make investment decisions
− Article 22
+ (a) indicate to market participants the main transmission infrastructure that needs to be built or upgraded over the next ten years;
− | (a) | indicate to market participants the main transmission infrastructure that needs to be built or upgraded over the next ten years; |
− | --- | --- |
+ (b) contain all the investments already decided and identify new investments which have to be executed in the next three years; and
− | (b) | contain all the investments already decided and identify new investments which have to be executed in the next three years; and |
− | --- | --- |
+ (c) provide for a time frame for all investment projects.
− | (c) | provide for a time frame for all investment projects. |
− | --- | --- |
+ (a) to require the transmission system operator to execute the investments in question;
− | (a) | to require the transmission system operator to execute the investments in question; |
− | --- | --- |
+ (b) to organise a tender procedure open to any investors for the investment in question; or
− | (b) | to organise a tender procedure open to any investors for the investment in question; or |
− | --- | --- |
+ (c) to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital.
− | (c) | to oblige the transmission system operator to accept a capital increase to finance the necessary investments and allow independent investors to participate in the capital. |
− | --- | --- |
+ (a) financing by any third party;
− | (a) | financing by any third party; |
− | --- | --- |
+ (b) construction by any third party;
− | (b) | construction by any third party; |
− | --- | --- |
+ (c) building the new assets concerned itself;
− | (c) | building the new assets concerned itself; |
− | --- | --- |
+ (d) operating the new asset concerned itself.
− | (d) | operating the new asset concerned itself. |
− | --- | --- |
+ ### Article 23 — Decision-making powers regarding the connection of storage facilities, LNG regasification facilities and industrial customers to the transmission system
− ### art_23
− 
− Article 23
+ ## CHAPTER V / DISTRIBUTION AND SUPPLY
− ### art_24
+ ### Article 24 — Designation of distribution system operators
− Article 24
+ ### Article 25 — Tasks of distribution system operators
− ### art_25
− Article 25
− 
+ ### Article 26 — Unbundling of distribution system operators
− ### art_26
− 
− Article 26
+ (a) those persons responsible for the management of the distribution system operator must not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, transmission and supply of natural gas;
− | (a) | those persons responsible for the management of the distribution system operator must not participate in company structures of the integrated natural gas undertaking responsible, directly or indirectly, for the day-to-day operation of the production, transmission and supply of natural gas; |
− | --- | --- |
+ (b) appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the distribution system operator are taken into account in a manner that ensures that they are capable of acting independently;
− | (b) | appropriate measures must be taken to ensure that the professional interests of persons responsible for the management of the distribution system operator are taken into account in a manner that ensures that they are capable of acting independently; |
− | --- | --- |
+ (c) the distribution system operator must have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the network. In order to fulfil those tasks, the distribution system operator shall have at its d…
− | (c) | the distribution system operator must have effective decision-making rights, independent from the integrated natural gas undertaking, with respect to assets necessary to operate, maintain or develop the network. In order to fulfil those tasks, the distribution system operator shall have at i…
− | --- | --- |
+ (d) the distribution system operator must establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific obligations of employees to meet …
− | (d) | the distribution system operator must establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that observance of it is adequately monitored. The compliance programme shall set out the specific obligations of employees to m…
− | --- | --- |
+ ### Article 27 — Confidentiality obligations of distribution system operators
− ### art_27
− 
− Article 27
+ ### Article 28 — Closed distribution systems
− ### art_28
− Article 28
− 
+ (a) for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or
− | (a) | for specific technical or safety reasons, the operations or the production process of the users of that system are integrated; or |
− | --- | --- |
+ (b) that system distributes gas primarily to the owner or operator of the system or to their related undertakings.
− | (b) | that system distributes gas primarily to the owner or operator of the system or to their related undertakings. |
… diff truncated at 500 changed lines …