Notice of application for internal monitoring of networks and transmission companies and Energinet.dk in accordance with the law on electricity;
Under section 20 (a), paragraph 5, section 28 (b), paragraph 2, section 78, paragraph 7 and section 88 of the law on electricity regulation. lovbekendtgørelse nr. 516 of 20. May 2010, as amended by Act No. 466 of 18. May 2011 be fixed: Program for internal monitoring
§ 1. Netvirksomheder, transmission companies, which are not ejermæssigt separated pursuant to section 19 (a) of the law on electricity supply, and Energinet.dk shall establish a program for internal monitoring, the purpose of which is to prevent discriminatory behaviour.
(2). The application must describe the company's efforts to prevent discriminatory behaviour, including describing the specific obligations, which the company's employees, consultants and other persons performing tasks of the company are subject to meet the purposes referred to in paragraph 1.
§ 2. The program shall at least describe the following actions, which must be adequate to prevent discriminatory behaviour: 1) The measures to ensure that commercially sensitive information the company receives in the course of his business, shall be treated as confidential, in accordance with article 3. section 84, paragraph 7, and section 84 (a), paragraph 1, of the law on electricity supply, and where such information can be disclosed, that this is done on a non-discriminatory way. The programme shall describe what information that is confidential, and the procedures that apply to the company's receipt and processing of confidential information.
2) the measures which shall prevent information about its own activities which may be commercially advantageous from being disclosed in a discriminatory manner, see. section 84 (a), paragraph 1, of the law on the electricity supply.
3) The measures to ensure that access to corporate networks happens on non-discriminatory terms, and that maintaining and developing the network and connecting to the network is implemented in a non-discriminatory manner in relation to the network's users.
4) The measures to ensure that the company in its customer contact not favouring certain companies.
5) The measures to ensure that the network company in its communication and branding, create confusion in respect of its non-netvirksomhedens separate identity, see. section 20 (b) of the law on energy, including guaranteeing legal and actual sovereignty over its website and information network company lets other outside network company apply.
6) The measures to ensure compliance with the requirement of legal separation of activities, in accordance with article 3. section 47, paragraph 4, of the law on electricity supply, and § 2, paragraph 4, of the law on Energinet.dk.
7) The measures to ensure compliance with the requirement of accounting separation regulation. section 47, paragraph 3, and section 76, paragraph 1, no. 4 of the law on electricity supply, section 12 of the law on Energinet.dk, as well as rules issued pursuant to the law on electricity supply and law on Energinet.dk.
8) The measures to ensure that the requirements for capacity, see. section 45 of the law on the electricity supply are complied with.
9) The measures to ensure compliance with the requirement that the company enters into agreements with other companies, to be concluded at market conditions and be provided in writing at the time, see. section 46 of the Act on electricity supply.
(2). The programme should describe how the company implements an appropriate control of the program, including how the monitoring officer's independence is ensured, without prejudice. section 20 (a), paragraphs 2 and 3, of the law on the electricity supply.
(3). The Danish energy regulatory authority may require that the application shall contain the description of measures in addition to those referred to in paragraph 1, in so far as this is required to prevent discriminatory behaviour in the company concerned.
§ 3. The company must ensure that the implementation of the programme, including the implementation of an adequate control of the programme.
(2). The compliance officer may appeal to the Danish energy regulatory authority over lack of access to all the necessary information at the company and any affiliated and associated companies as well as companies controlled by the same corporate participants, see. section 20 (a), paragraph 4, of the law on the electricity supply.
§ 4. The fact that an undertaking has developed and implemented a program for internal monitoring in accordance with the rules laid down in this Decree, does not relieve the company of other obligations, which the company is subject in accordance with the law on electricity supply, according to rules or decisions in accordance with the law on energy or according to other laws or according to rules or decisions pursuant to other legislation.
§ 5. The company shall publish an annual report for each calendar year with a report on the implementation of the programme in the past year for each of the points in the program, including a description of the changes in the internal audit programme and the checks carried out. The annual report shall also give an account of the designated monitoring officer's independence.
(2). The annual report must shall be dated and signed by the company's Director and the independent compliance officer.
(3). The annual report for a calendar year shall be published and notified to the Danish energy regulatory authority no later than the 1. June of the following calendar year.
§ 6. The Danish energy regulatory authority oversees that program is in accordance with sections 1 and 2, and the annual report shall be drawn up, published and notified in accordance with the rules in section 5.
(2). In connection with the review of the annual reports referred to in article 6. § 5, leads the Danish energy regulatory authority, moreover, ensure that the program is implemented, and that there is carried out the control of the programme described in the program, see. § 3.
§ 7. The Danish energy regulatory authority oversees the monitoring officer's independence. section 20 (a), paragraphs 2 and 3, of the law on the electricity supply.
§ 8. Complaints about non-compliance with the notice shall be submitted to the Danish energy regulatory authority.
§ 9. Unless a higher penalty is inflicted for other legislation, is punishable by a fine anyone who violates section 5 of the publication and review of the annual report of the Danish energy regulatory authority.
(2). That can be imposed on companies, etc. (legal persons) criminal liability according to the rules laid down in the Penal Code Chapter 5.
Entry into force of the
§ 10. The notice shall enter into force on 12 December. October 2011.
(2). At the same time repealed Executive Order No. 635 of 27. June 2005 on the application of internal auditing for netvirksomheder, transmission companies and the system operator in accordance with electricity Act.
The Danish Energy Authority, the 6. October 2011 Ib L/Hanne Windemuller