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 .........................
