To The Approval Of The Institutions Of An Independent Transmission System Operator

Original Language Title: ke schvalování orgánů nezávislého provozovatele přepravní soustavy

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=76723&nr=30~2F2012~20Sb.&ft=txt

Sb 30/2012.



The DECREE



of 16 June. January 2012



applications for approval of the terms of appointment, election, other provisions

the function and appeal of the institutions of an independent transmission

System



The Energy Regulatory Office shall determine under section 98a of paragraph 1. 2 (a). l) of the Act

No. 458/2000 Coll., on conditions for business and the public administration in

energy sectors and on the amendment of certain laws (Energy Act),

as amended by Act No. 211/2011 Coll.:



§ 1



The subject of the edit



This Decree lays down the requirements for an application for approval of appointments, elections

and the appeal of the statutory body, the members of the statutory body or members of the

the Supervisory Board of an independent transmission system operator, requirements

request for approval of appointment or other provisions to the function and

the appeal of the functions of the auditor of the program by an independent transmission

system and ways of demonstrating the technical competence of the auditor of the program.



§ 2



Definition of terms



For the purposes of this Ordinance means



data on education)



1. the name and type of educational institution, program of study, the focus

the study programme, the duration of the degree program, method and date of

their study, possibly obtained titles,



2. Overview of courses, internships and study visits with the meaning for the

energy sectors, with an indication of their passing, the focus,

the duration and, where applicable, obtained titles,



(b) the particulars of the professional activity)



1. information on the type of professional activity,



2. identification of the body, which is or has been a professional activity

exercised,



3. job title, if or when the professional activity exercised in

employment relationship, or by function, if it is or if it has been

professional activity exercised in commercial legal relationship, and a description of the activities

including the establishment of rights and obligations, directly resulting from

job or function performed,



4. the definition of time, after which the professional activity exercised,



(c)) the proof of business



1. in the case of a legal person and for the entrepreneurial natural persons, which writes

in the commercial register, the extract from the commercial register, which contains the

the data entered in the commercial register on the date of the filing of the relevant application,

including the proposal on the registration in the commercial register, which was not on the date of

submission of applications addressed, or information about such a proposal,



2. in the case of a legal person, which is not recorded in the commercial register,

document proving its existence and proof of permission to

business, if it is granted,



3. for the entrepreneurial natural persons not entered in the commercial

the register, the appropriate permissions to the business,



4. for foreign legal persons, document showing permission to

business, if it is granted, the public deed, proving at least

the existence of legal persons, and an indication of its registration, the legal form and

the name; If these documents do not contain the indication of the address of the registered office, the statutory

authorities or the way talks the foreign legal person, shall

such an indication other conclusively,



5. foreign natural persons for business document showing permission

to business or document of a similar nature.



§ 3



Request for approval of election, appointment, or other provisions of the

the function of the statutory body, a member of the statutory body, Member of the Supervisory Board

the Council and the auditor of the program by an independent transmission system operator



(1) an application for the approval of the election or appointment of a statutory authority, a member of the

the statutory body or a member of the Supervisory Board of independent operators

the transmission system and the application for approval of appointment or other

the provisions in the functions of the auditor of the program independent of the operator

the transmission system contains, in addition to the General requirements in accordance with the administrative

order the following information:



and identifying information) a person whose appointment, election or other provisions

the function has to be approved by the Energy Regulatory Office, which are

name, where applicable, the name, surname, title, date of birth, address, place of

permanent residence or other residence, the address for service, or

business name or the name of, or addition to the name, head office or place of

business, in the case of a legal person,



(b)) basic information about the function, in which the person was appointed, elected

or otherwise established, indicating the



1. the name of the function,



2. the date of the provisions to the function,



3. the length of the term of Office,



4. Description of the filling function, including the rights and obligations arising from the

functions performed.



(2) applications for approval of election or appointment of a statutory

authority, a member of the statutory body or a member of the Supervisory Board of the independent

the transmission system operator are on the attachments:



and the completed questionnaire by) the specimen in the annex to this Decree

signed by the person chosen or appointed to a statutory authority,

a member of the statutory body or a member of the Supervisory Board of the independent

the transmission system operator; the authenticity of the signature of the person must be officially

verified,



(b)), which contains the curriculum vitae of the person



1. data on education,



2. information on training activities in the gas sector or in other

energy sectors,



3. details of other professional activities



(c)), proof of permission to a business of the person, if the person performs

business activities,



(d) the contract for the performance of the function) of the person or other agreement, which governs the

the conditions for the performance of the duties of that person,



(e) the internal rules of the applicant), if it regulates the filling function, which has the

person to perform, including the rights and obligations arising from this function,

If such internal rules of applicant exists,



(f) a description of other activities including) the rights and obligations arising from the exercise of

such activities, if a person with an independent transmission

the system executes or has to carry out additional work or was established

or to be appointed to the next function,



g) extract from the criminal register not older than 3 months, or proof of

integrity of the issued by the foreign State of which a citizen is a natural person, as well as

(I) a foreign State in which the natural person in the last 3 years

continuously resided for more than 6 months.



(3) the part of the application for approval of appointment or other provisions to the

the functions of the auditor of the program by an independent transmission system operator

are these attachments:



and the completed questionnaire by) the specimen in the annex to this Decree

signed by the person named or otherwise constituted in function of the auditor

the program of the independent transmission system operator; the authenticity of the signature

the person must be officially verified,



(b)), which contains the curriculum vitae of the person



1. data on education,



2. information on training activities in the gas sector or in other

energy sectors,



3. details of other professional activities



(c)), proof of permission to a business of the person, if the person performs

business activities,



(d)) program of equal treatment independent transmission

system,



(e)) the contract of employment or another contract, which regulates the conditions for the exercise of

the auditor's function of the programme including the length of the term and conditions

appeal or other early termination of the performance of the duties of the auditor

the programme,



(f) the internal rules of the applicant), modifies it to the position of Auditor

programme in the structure or organization of the independent transmission operator

the system, if such exists, the internal regulation of the applicant



(g) a description of other activities including) the rights and obligations arising from the exercise of

such an activity, if the auditor program for independent operators

the transmission system operator shall perform or carry out additional work or has been or

to be appointed to the next function,



h) extract from the criminal register not older than 3 months, or proof of

integrity of the issued by the foreign State of which a citizen is a natural person, as well as

(I) a foreign State in which the natural person in the last 3 years

continuously resided for more than 6 months.



(4) in the event that is to feature an independent auditor program

the transmission system operator appointed or otherwise established

legal person, includes a request for the approval of the appointment of a person or

other provisions of the person to the functions of the program of the independent auditor

the transmission system operator the information referred to in paragraph 3, which

relate to the designated representative responsible.



§ 4



The application for approval of an appeal of the statutory body, a member of the statutory

authority, Member of the Supervisory Board and auditor of the program of the independent

the transmission system operator



(1) an application for the approval of the appeal of the statutory body, a member of the statutory

authority, Member of the Supervisory Board or the independent auditor program

the transmission system operator contains, in addition to the General requirements

the request pursuant to the administrative procedure the following information:



and identifying information) by a person whose appeal has to be Energy

Regulatory Office, which approved the name, or names,

last name, title, date of birth, address, place of residence,

where appropriate, the other residence, the address for service, or business name

or the name of, or addition to the name, head office or place of business,

in the case of a legal person,



(b)) basic information about the function, in which the person was appointed, elected

or otherwise established, indicating the



1. the name of the function,



2. the date of the provisions to the function,
3. the length of the term of Office,



4. Description of the filling function, including the rights and obligations arising from the

function,



c) full and intelligible description of the operative events justifying the

the appeal of a person from a function.



(2) the part of the application for approval of an appeal of the statutory body, Member

the statutory body or a member of the Supervisory Board of independent operators

the transmission system are these:



and the performance of the contract) of the person of the statutory authority revoked,

a member of the statutory body or a member of the Supervisory Board of the independent

the transmission system operator, or other agreement, which governs the

the conditions for the performance of the duties of that person,



(b) the decision of the competent authority) the transmission system operator on the

the appeal of a person of a function,



(c) the applicant's internal rules), where it regulates the filling function, which

person engaged, including the rights and obligations arising from this function,

If such internal rules of applicant exists and if it is a violation of the

the obligations of the person of the revocation is justified by function,



(d) the articles of Association of the applicant, the program) equal treatment or other internal

the prescription of the applicant, the obligations associated with the performance of

function, which is a violation of the functions of the appeal of the person justified,



(e) other documents can be) if they demonstrate compliance with the conditions laid down

energy law for appeals from the function.



(3) the part of the application for the approval of the appeal the auditor program

the transmission system operator are on the attachments:



and the contract of employment or other) Treaty, which regulates the conditions for the exercise of

the auditor's function of the programme including the length of the term and conditions

appeal or other early termination of the performance of the duties of the auditor

the programme,



(b) the decision of the competent authority) the transmission system operator on the

the appeal of a person from the auditor's function of the programme,



(c)) program of equal treatment independent transmission

system,



(d) other documents can be) if they demonstrate compliance with the conditions laid down

energy law for appeals from the functions of the auditor of the program according to the

the contract approved by the Energy Regulatory Office, which regulates

the conditions for performance of the duties of the auditor of the program.



§ 5



Common provisions



If the applicant presents to the energy regulatory office or

the annexes referred to in this Decree, which are drawn up in a foreign language,

with the exception of the Slovak language, the applicant shall submit the following documents including

their officially authenticated translation into the Czech language.



§ 6



The effectiveness of the



This Decree shall take effect on the date of its publication.



Chair:



Ing. Vaghela in r.



Annex



Pattern



Questionnaire to assess the existing professional activities of the person appointed or

chosen in function of the statutory body, a member of the statutory body or

Member of the Supervisory Board of an independent transmission system operator



(I).



IDENTIFICATION OF THE PERSON



1) (a) Name and surname:



2) maiden name:



3) date of birth:



4) place of birth (country, region, municipality):



5) nationality:



II.



DATA TO ASSESS THE CONDITIONS FOR THE PROPER AND INDEPENDENT PERFORMANCE OF THE



1) you pursue or carries out any of the functions you are comparable in

another person different from the transmission system operator, which is

part of the same vertically integrated natural gas business

an independent transmission system operator, or who exercises control

over a person, which is part of the same vertically integrated

the natural gas businesses as an independent transmission operator

System?



If Yes, please indicate the



and the identification of persons) that is or has been carried out, function



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



2) are you or have you been a statutory authority, a member of the statutory body

or a member of the supervisory body of the other person who is authorized to do business

in the energy sectors?



If Yes, please indicate the



and the identification of persons) that is or has been carried out, function



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



3) or do you do the exercise you have for another person different from the

the transmission system operator, which is part of the same vertically

integrated natural gas businesses as an independent operator

the transmission system operator or which carries out control over the person who is

part of the same vertically integrated natural gas business

an independent transmission system operator, any other work in the

employment or other similar relationship?



If Yes, please indicate the



and the identification of persons) that is or was the work carried out,



(b) definition of the employment contract) or another relation, in which the work was

exercised,



(c)) the definition of the period during which the work was carried out.



4) or do you do the exercise you have for another person who is authorized to

doing business in the energy sectors, employment or other work in the

another similar relationship?



If Yes, please indicate the



and the identification of persons) that is or was the work carried out,



(b) definition of the employment contract) or another relation, in which the work was

exercised,



(c)) the definition of the period during which the work was carried out.



5) you pursue or pursued any of the comparable functions you

for another person, distinct from the independent transmission operator

system, which entered into a business relationship with other persons, that

they are part of the same vertically integrated gas businesses

as an independent transmission system operator?



If Yes, please indicate the



and the identification of persons) that is or has been carried out, function



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



6) you pursue or pursued any of the comparable functions you

for another person, distinct from the independent transmission operator

system, which entered into a business relationship with the person

exercises control over the party, which is part of the same vertically

integrated natural gas businesses as an independent operator

the transmission system?



If Yes, please indicate the



and the identification of persons) that is or has been carried out, function



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



7) you pursue or pursued any of the comparable functions you

for another person who entered into business relations with other

persons who are authorized to do business in the energy sectors?



If Yes, please indicate the



and the identification of persons) that is or has been carried out, function



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



8) are you or have you participated in the business of the person who

It entered into a business relationship with other persons, which are part of the

the same vertically integrated gas businesses as an independent

the transmission system operator?



If Yes, please indicate the



and the identification of the person whose) business with you or you

attended,



(b) participation in) form of the business person,



(c)) business,



(d) the definition of the time) that you are the person attended.



9) are you or have you participated in the business of the person who

entered into business relations with a person who exercises control over the

a person who is part of the same vertically integrated natural gas

the entrepreneur as an independent transmission system operator?



If Yes, please indicate the



and the identification of the person whose) business with you or you

attended,



(b) participation in) form of the business person,



(c)) business,



(d) the definition of the time) that you are the person attended.



10) are you or have you participated in the business of any other person

is authorized to do business in the energy sectors?



If Yes, please indicate the



and the identification of the person whose) business with you or you

attended,



(b) participation in) form of the business person,



(c)) business,



(d) the definition of the time) that you are the person attended.



11) or do you do the exercise you have entrepreneurial activity in which

have you directly or indirectly entering into business relations/other

by persons different from the independent transmission system operator,

that are part of a vertically integrated natural gas businesses

as an independent transmission system operator?



If Yes, please indicate the



and the identification of the person) that you entered the business relations



(b)) what the business is, or was,



(c)) the definition of the period during which business you are doing or you

pursued.



12) Performed/and you the business activity in which you are directly or

vicariously entered the business relationship with the person exercising the

control over the party, which is part of the same vertically integrated

the natural gas businesses as an independent transmission operator

System?



If Yes, please indicate the



and the identification of the person) that you entered the business relations



(b)) what the business is, or was,
(c)) the definition of the period during which business you are doing or you

pursued.



13) pursued and you the business activity in which you are directly or

vicariously entered/and in trade relations with the other person, which

is authorized to do business in the energy sectors?



If Yes, please indicate the



and the identification of the person) that you entered the business relations



(b)) what the business is, or was,



(c)) the definition of the period during which business you are doing or you

pursued.



14) Zprostředkováváte or you or transmitting/and or

did you have the stores for another person different from the independent

the transmission system operator, which are part of a vertically

integrated natural gas businesses as an independent operator

the transmission system?



If Yes, please indicate the



and for the identification of the person) that such activity you carry out or you

pursued,



(b)) what stores or zprostředkováváte you or you

interface/and/or catered, and identification of the person



(c)) definition of time that stores or zprostředkováváte you

or are you transmitting/and or/and catered to.



15) Zprostředkováváte or you or you or convey

catered/and you have shops for exercising control over the person,

that is part of the same vertically integrated businesses such as

an independent transmission system operator?



If Yes, please indicate the



and for the identification of the person) that stores or zprostředkováváte

you or you are transmitting/and or/and pulls,



(b)) what stores or zprostředkováváte you or you

interface/and or catered/and, zprostředkováváte or you

or are you transmitting/and or/and pulls,



(c)) definition of time that stores or zprostředkováváte you

or are you transmitting/and or/and catered to.



16) Zprostředkováváte or you or transmitting/and or

did you have the stores for another person who is authorized to do business

in the energy sectors?



If Yes, please indicate the



and for the identification of the person) that stores or zprostředkováváte

you or you are transmitting/and or/and pulls,



(b)) what stores or zprostředkováváte you or you

interface/and or catered/and, identifying the person to whom

business zprostředkováváte or you or you are transmitting/and

or catered/and,



(c)) definition of time that stores or zprostředkováváte you

or are you transmitting/and or/and catered to.



17) or do you do the exercise you have another activity which is related to or

related to Your activity in energy industries?



If Yes, please provide brief details about this activity.



18) You or you are going to perform some functions in parallel with the performance

statutory authority, a member of the statutory body or a member of the

the Supervisory Board of an independent transmission system operator?



If Yes, please indicate the



and the identification of the body,) which function is or will be carried out,



(b) the designation, functions) you do or you intend to perform, and a description of the

the rights and obligations arising out of the functions performed.



19) Was You in the last 10 years for the offense or other administrative

infraction for violation of legal obligations in connection with the performance of

job function or business legally imposed sanctions

exceeding 100 thousand. CZK or imposed other measures to remedy or

the obligation to compensate for damage (and the relevant decision at the same time not

eventually cleared in the context of a possible judicial review)?



If Yes, please indicate the details briefly.



20) you were suspended or withdrawn authorization for the performance of the business

activities or other activities?



If Yes, please indicate the details briefly.



21) was/and you're in the last 5 years, expelled from the Professional Association,

the Chamber or association, including foreign?



If Yes, please indicate the details briefly.



22) was/and you're a member of the statutory body, the statutory authority or the

a member of the supervisory body of the legal person at the time when the legal

the person was legally imposed sanctions for administrative offence exceeding 100

ths. CZK or deposited the obligation to compensate for damage in connection with the

the action in the energy sector (with the relevant decision at the same time not

eventually cleared in the context of a possible judicial review)?



If Yes, please indicate the



and the identification of the body), in which the function has been exercised, or



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function has been exercised,



(d) give details).



23) was/and you're a member of the statutory body, the statutory authority or the

a member of the supervisory body of the legal person at the time when it was in her stuff

decision on bankruptcy or the insolvency court rejected the proposal because the

its property was not sufficient to cover the costs of the insolvency proceedings,

where appropriate, at the time of up to 3 years before the issue of such a decision?



If Yes, please indicate the



and the identification of the body), in which the function has been exercised, or



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



24) was/and you're a member of the statutory body, the statutory authority or the

a member of the supervisory body of the legal person at the time when he was on her property

declared bankrupt, bankruptcy or settlement of such a permitted,

confirmed by the compulsory settlement or rejected the proposal for the Declaration of bankruptcy

for lack of assets pursuant to Act No. 328/1991 Coll., on bankruptcy and

compensation, where applicable, at the time of up to 3 years before the issue of such a decision?



If Yes, please indicate the



and the identification of the body), in which the function has been exercised, or



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



25) was/and you're in the last 10 years, the statutory authority, a member of the

the statutory body or a member of the supervisory body of the legal person in the

the time when the person was excluded from professional associations, Chamber of Commerce or

Association, including foreign?



If Yes, please indicate the



and the identification of the body), in which the function has been exercised, or



(b) the designation and description of functions) the rights and obligations arising from the performed

function,



(c)) the definition of the period for which the function was exercised.



26) Was made sometime in the past in relation to your request to the person

The energy regulatory office or to the national regulatory authority in

another State on the approval of the appointment, election or other provisions to the function

the statutory authority, a member of the statutory body, Member of the Supervisory Board or

Auditor of the program by an independent transmission system operator?



If Yes, please indicate the



and when it was) such request



(b)) what to request,



c) what was the result of proceedings on the application,



(d) any other relevant factors).



III.



The DECLARATION



I declare that the information given in this questionnaire is true, the current

and complete.



V ......................... Dne ......................... Podpis .........................