The Amendments To The Energy Law

Original Language Title: Grozījumi Enerģētikas likumā

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Read the untranslated law here: https://www.vestnesis.lv/op/2016/37.1


The Saeima has adopted and promulgated the following laws of Valstsprezident: the amendments to the Energy Act, to make the Energy Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, nr. 20; 2000, no. 17; 2001, no. 12; 2005, 8, 13, 14; 2008. no no; 2009, 2., no. 14; Latvian journal, 2010, 82, 106 no; in 2011, 36, no 161; 2012, 186. no; 2014, 60 no). the following amendments: 1. Replace the entire law, the word "renovation" (fold) with the word "renewal" (the fold) and the word "reconstruction" (fold) with the word "alteration" (fold). 2. Express article 1 by the following: ' article 1 the law is applied in the following terms: 1) renewables-wind, solar, geothermal, wave, tidal, hydropower, as well as aerotermāl energy (heat, which accumulates in the air), geothermal energy (heat, located beneath the land surface) and hydrothermal energy (heat, the surface waters), landfill gas, sewage treatment plant gas, biogas and biomass; 2) the autonomous producer — a merchant trader, energy or physical person generating electricity, heat or cooling energy in order to consume their own needs or local heating or aukstumapgād purposes; 3) balancing — the organized process that ensures a balance between the ikbrīž entered the system energy and energy output of the system; 4) biological liquid fuels from biomass-derived liquid fuels used for the production of electricity or heat, but not used, and is not intended for use as fuel for vehicles; 5) natural gas storage: the surface or underground facility which is used for natural gas (including liquefied natural gas) storage, except used parts and equipment used exclusively for transmission system operators; 6) safety margins — oil reserves maintained to some extent Latvia in accordance with article 72 of this law, and natural gas reserves, which Latvia maintains the required level in accordance with this law, article 64, first paragraph, the procedure set out in paragraph 3; 7) power supply: a business in the field of energy, which is required to license or register, and which includes the electricity or heat production, heat or electricity, natural gas (including liquefied natural gas and biometān), conversion, storage, transmission, distribution or marketing; 8) power supply the power supply object: merchant merchant owned or in use of assets (buildings, structures, stations, equipment, appliances, installations, networks, lines, piping, piping and accessories), which directly uses energy supply; 9) energy trader-licensed or registered trader, dealing with energy supply; 10) energy-conscious items of fuels and energy sources, which can be used for direct use or energy; 11) energy — a product with a specific value, the resulting electricity or heat, as well natural gas (including liquefied natural gas and biometān); 12) energy users – natural or legal person from the energy merchants buy and consume their own needs in a particular form of energy or fuel or energy supply or used for their other business activities; 13) power transmission, energy supply, which include transporting energy via high-voltage networks or high pressure pipelines (except transport via pipelines early) to deliver it to the distribution system, or directly to users, excluding energy trading; 14) energy production-energy way, which include energy conversion requires energy and natural gas (including biometān) procurement; 15) energy distribution-energy way, which involves transporting energy through the medium and low voltage networks or high, medium and low pressure pipelines, excluding energy trading; 16) energy trade, energy supply, which include power-buying and selling-sale energy users; 17) fixed-fee contract — a contract that includes the buyer and the seller agreed that in the event the buyer does not want to receive all the goods specified in the contract, the amount it paid for all of the goods specified in the agreement; 18) end-user: the power user who buys energy for own use (final consumption); 19) — the owner of the gasified object the person is obtained the gasified object property rights and comply with the civil law or real estate law in the State Cadastre of the defined concept of the owner; 20) gasified object: a system for the supply of natural gas connected to a building or part thereof, as well as equipment; 21) horizontal integration — one energy trader or group shall be at least one of the energy production, transmission, distribution, sale or storage of natural gas and the action functions not related to the energy supply; 22) inčukalns underground gas storage, underground and surface objects, which is used for storage of natural gas and located, inčukalns Krimulda and sowing district; 23) fuel-oil and petroleum products, liquefied petroleum gas also, natural gas, liquefied natural gas and also biometān, shale, shale gas and oil, coal, peat, fuel wood and other biomass, including organic liquid fuels that burn energy; 24) fuel reserve energy supply security, merchant owned certain fuels, which is necessary to ensure energy supplies to users with the appropriate form of energy; 25) license — issued under the law specifically allowed the energy trader's right and obligation to deal with energy supply the license area; 26) license area-specific licence area is entitled to operate the energy trader and energy users; 27) local aukstumapgād — autonomous, national or producer of local authorities owned aukstumapgād system, which provides the energy needed for cooling the same needs and other energy users who need energy for cooling is allocated and supplied from the cooling source via the distribution pipeline system of the aukstumapgād or not; 28) local heating — autonomous producers, State or local authorities owned the heating system, which provides the same heating and other energy users that the heat is distributed and supplied from siltumavot through distribution or without district heating; 29) household users — end users who buy and use energy in your household own needs (final), to the exclusion of commercial operations, or other activities; 30) independent producers — energy trader who generates electricity or heat, but not the distribution or transmission system, which includes; 31) ancillary services: all services (including balancing, blending and injection of inert gases) that are required for access to the transmission grid or piping, storage of natural gas, liquefied natural gas facilities or use, other than the items and equipment that are used only to transmission system operators; 32) transmission system, transmission of energy or network piping with all functions necessary for the energy trader's objects, which are used to transport energy; 33) transmission system owner-operator, which owns energy transmission system; 34) public trader — energy traders, for which this law and other laws and regulations have specific responsibilities and requirements of the public duties of the trader; 35) distribution system, power distribution network or pipeline system with all the distribution function requires the energy trader's objects, which are used to transport energy from the transmission system to the power supply system of the user's home; 36) related user: natural gas users, who purchase natural gas for the regulated price; 37) associated corporation — a corporation in which, in accordance with the law of the trader of energy supply Group is a major impact or has a decisive impact on the energy merchant, or a corporation in which the critical effect is another corporation, which is a decisive impact at energy merchant. 38) early-stage pipeline system, pipeline or pipeline system used in the natural gas production project, or for the transport of gas from one or more such projects to a processing plant or terminal or final coastal terminals; 39) liquefied natural gas plant, a Terminal used for šķidrināšan of natural gas or liquefied natural gas receiving, unloading and for converting the gaseous state, as well as owned equipment and temporary storage necessary for the storage of liquefied natural gas to convert gaseous and reprinting State, as well as for subsequent delivery to the transmission system of natural gas or power user; 40) liquefied natural gas service: šķidrināšan natural gas or liquefied natural gas receiving, unloading, storage and conversion of gaseous state for subsequent delivery to the transmission system of natural gas or power user; 41) interconnected system — more connected among themselves; 42) secondary energy: energy from the technological processes of any type as a by-product of technological process also does not waste energy, which is valid for further use; 43) system, the transmission grid or piping, natural gas storage and liquefied natural gas facilities, the helper objects, objects and other things that need energy transmission, storage and distribution and what is energy trader's property or use (including the equipment needed for the provision of ancillary services); 44) the users of the system, natural or legal person who uses the energy transmission or distribution system or natural gas or liquefied natural gas storage services; 45) system operator — power supply merchant who provides transmission of energy or natural gas distribution, storage or liquefied natural gas services; 46) interconnection, a power transmission line, which links the individual countries of the transmission system; 47) direct line: natural gas pipeline, linking natural gas separation (including biometān) object or natural gas storage with separate user; 48) network — a collection of lines and equipment needed for the transport of electricity. Street lighting network is separate, with the accounting separation of the measuring technical equipment or a whole line, used Street, square or other public use areas intended to illuminate and which is not used for the transport and distribution of electricity for other energy users; 49) — a merchant trader (including foreign merchant Branch), which is the energy trading business; 50) market, the natural gas producer, the system operator, the dealer or end user, operating in the natural gas market in accordance with the principle of voluntary participation; 51) vertically integrated operators, energy trader or group directly or indirectly controlled by the same person or the same persons and provide at least one of the energy transmission, distribution, or storage of natural gas liquefied natural gas services while dealing with energy production or trade; 52) local energy resources — in Latvia known renewables and fuel items that can be used for direct use or energy; 53) the general authorisation provisions — specific to the energy requirements of the production and marketing of energy or energy trader. " 3. Replace article 5, third paragraph, the word "Governor" with the words "public service Regulatory Commission (the regulator)". 4. in article 6: Supplement to article 1.2 part as follows: "(1) the system operator to fulfil their obligation to provide system users and applicants access to the natural gas transmission or distribution systems, natural gas storage or LNG facilities in the case of these obligations requires the movable or immovable property is public property and its substitution with other movable or immovable property system objectively not possible , the State ensures the right of use of a movable or immovable assets liabilities concerned. "; replace the third paragraph, the word "energy" (the fold) with the words "natural gas" (fold); Add to article 3.1 part as follows: "(31) power supply merchant who supplied thermal energy users, sell them to the desired heat or the specified quality and quantity of the requested regulator set tariffs or tariff determined by the service provider in accordance with the tariff set by regulators, the calculation methodology, if regulators permit is received, with the exception of article 49 of this law referred to in the first subparagraph."; to make the fourth subparagraph by the following: "(4) disputes concerning the fulfilment of obligations arising from the obligation to pay the received service, review the requirements of the order in the Court of general jurisdiction." 5. in article 7: turn off the second paragraph, the words "natural gas trade — for five years. Electricity trade license is issued for five years the electricity market law cases "; to supplement the article with a fifth by the following: "(5) natural gas trader, which activities need to be regulated in accordance with the law" On regulators of public services ", and the public has the right to launch a trader in natural gas trading, if it is in accordance with the procedure laid down in this Act is registered in the register of traders of natural gas." 6. Replace the fourth subparagraph of article 7.1 of the words "one year" with the words "and the number" after 12 months. 7. Replace article 12, third paragraph, the words "annual report law" with the words "of the annual accounts and consolidated annual accounts of the law". 8. Article 15 of the Present seventh paragraph as follows: "(6) the Governor shall approve the natural gas transmission and storage, as well as LNG system operator established in the terms of use or terms of use of the natural gas storage, which must be objectively justified, economically justified, fair, equitable, transparent and available to all system users and applicants that require access to the system. Natural gas transmission, storage and LNG system operator shall, in due time, the regulators and the volume regulator, submit proposals on the terms of use or storage of natural gas. The Governor is entitled to make changes in these terms. " 9. Replace article 1.2 and article 77 of the first subparagraph of paragraph 6, the word "upgrading" (fold) with the word "renewal" (fold). 10. Add to article 20 in part after "underground" with the brackets and the words "(in the geological structure of the Earth)". 11. To supplement the law with 20.2 and 20.3 article as follows: "article 20.2 Cabinet decides on the national significance of the subsoils nogabal" inčukalns "natural gas storage and transfer in the use of the single licensed natural gas transmission and storage system operator natural gas storage license period of validity. Article 20.3 (1) the State's pre-emption if: 1) a person who owns or shares the merchant, which is a single natural gas transmission and storage system's owner or the single natural gas transmission and storage system operator disposes of more than one percent in a single natural gas transmission and storage system owner or a joint natural gas transmission and storage system operator shares; 2) merchant who owns a natural gas transmission system, or any part thereof, or part of underground storage of natural gas (with the exception of this law, in article 20, an underground natural gas storage in underground part), disposes of the natural gas transmission system, or any part thereof, or the land on which is located the underground natural gas storage operation of necessary buildings, constructions and technological equipment, as well as technological equipment, which supports underground natural gas storage operation or bufergāz. (2) the first paragraph of this article shall be submitted in the cases the seizure the Cabinet offer to use pre-emptive rights. (3) cabinet within 30 working days of the offer referred to in the second subparagraph of the date of receipt of the decision on the exercise of the right of pre-emption and the two weeks of the date of the decision shall inform the applicant of the offer. (4) if the Cabinet wishes to waive the pre-emptive rights, it asked the constitutional protection office and the security police's opinion on the person who has entered into a purchase agreement, and the transaction compliance and impact on national security. The constitutional protection office and the judicial police and the opinion on the compliance of transactions and the impact on national security is provided during the month. (5) Cabinet of Ministers examined in part four of this article, these findings and not later than one month from the date of receipt thereof, shall decide on the acceptance of the transaction or the refusal to accept the deal. (6) the deal enters into force, if the Cabinet of Ministers adopted a decision on its acceptance. " 12. off 42 and 42.1 article. 13. Express 26.2 article as follows: "article 26.2 (1) natural gas producers, natural gas storage system operator and user of natural gas is entitled, at its own expense, to install and use direct lines. (2) the criteria and procedures are installed and used in a direct line, determined by the regulator. Direct line deployments need a regulator. (3) permission for direct line regulator issue or refuse to issue a 30-day period after all the requested documents. " 14. off 42.3 article and article 43, second and third. 15. Express Article 44 the following: ' article 44 (1) natural gas storage system operators and LNG system operator shall, in addition to this law, laid down in article 15:1) ensure system operation, technical operation and development to perform suction, natural gas storage and withdrawals according to technical capabilities; 2) separate energy users belonging to a natural gas reserve of this user, if it allows natural gas storage technical capabilities; 3) does not discriminate between natural gas storage users, particularly in favour of its related corporations; 4) provide other natural gas storage system operators, LNG system operators of natural gas transmission system operators and distribution system operators of natural gas in the necessary information to the transport and storage of natural gas could be taken without endangering the interconnected system safely and effectively; 5) provide system users with the information they need for efficient access to the natural gas storage; 6 when you purchase their natural gas) functions, observe transparent and non-discriminatory market procedures; 7 organise the alleged crash) localization and liquidation of natural gas storage. (2) the Cabinet of Ministers shall lay down the procedures for the assessment and decision on whether access to the storage of natural gas (excluding inčukalns underground gas storage) is technically and economically justified, to ensure effective access to the system the user needs and the supply of ancillary services. (3) storage of natural gas, for which, in accordance with the second paragraph of this article, the procedure referred to in the decision has been taken on technical or economic need, the access mode is negotiated procedure organised or regulated procedures. (4) the Governor shall define and publish criteria according to which the natural gas storage system operators and LNG system operator shall determine what access mode — the negotiated procedure or procedure-regulated natural gas storage is applied. The regulator monitors the correct application of those criteria. (5) natural gas storage system operators and LNG system operator shall make public information on the natural gas storage or its part is provided for access to third parties, and for which gas storage or part of the negotiated procedure is applied or regulated procedure. The single natural gas transmission and storage system operator shall make public information on the underground gas storage inčukalns parts are provided access to third parties. (6) where a natural gas storage access mode is applied to the negotiated procedure, a natural gas storage system operators and LNG system operator shall in good faith agree with system user for access to the natural gas storage and conclude the contract. (7) where a natural gas storage access mode applied is a regulated procedure, a natural gas storage system operators and LNG system operator shall provide access to the natural gas storage in accordance with article 15 of this law shall determine the agenda of part 1.1 rates. (8) access to the underground gas storage inčukalns to the regulated procedure is organised in accordance with article 15 of this law shall determine the agenda of part 1.1 rates. (9) the supply of natural gas, traders and users of the system is concluded with a single natural gas transmission and storage system operators, the natural gas storage system operators and LNG system operators for access to the natural gas storage and other ancillary services. (10) natural gas storage system operator, joint natural gas transmission and storage system operator, as well as LNG system operator in accordance with article 15 of this law, the seventh part of the approved regulators listed in natural gas storage terms of use shall publish annually a major natural gas storage services and conditions of use of ancillary services. (11) in developing the conditions for access to the natural gas storage, natural gas storage system operator, joint natural gas transmission and storage system operator, as well as LNG system operator shall consult with the users of the system. (12) the requirements of this article in respect of access does not apply to ancillary services and temporary storage that is related to the liquefied natural gas facilities and the need for liquefied natural gas conversion and delivery to the transmission system. " 16. Article 45: Supplement to article 1.1 part as follows: "(11) the natural gas distribution system operator can participate in the natural gas trade, if it provides guaranteed delivery of the last or if the purchase and sale of natural gas is required to cover the loss of the natural gas distribution system, or the natural gas distribution system operator's own consumption."; to complement the second subparagraph following the words "trading activities" with the words "and that their communication and brand building, ensure that its identity is distinct from a vertically integrated natural gas supply merchant marketing structures of identity"; to make the third part of the second sentence as follows: "a natural gas distribution system operator shall appoint a person or body responsible for monitoring the implementation of the compliance programme, each year, submit to the Governor a report on the measures taken and the message to the public."; to supplement the article with the seventh and eighth by the following: "(7) the distribution system operator license area of overlap is not permitted. (8) the distribution system service tariff in one area of the licence do not depend on the distance between the place where the gasified object connection to the distribution system, and where the distribution system interconnection to the transmission system. " 17. off 45.1 article. 18. Replace article 45.3 of the first and third part number and the words "the third paragraph of article 42.1" with a number and the words "110." in the first paragraph. 19. Add to article 64 of the first part of paragraph 3 with the following: "3) natural gas reserves are the security and use procedures to safeguard security of natural gas supply the user continued with natural gas." 20. in article 84.1: make the first paragraph by the following: "(1) the Governor shall approve the natural gas transmission system operator upon connection to the natural gas transmission system of rules biometān, LNG system operators and users of natural gas and natural gas distribution system operator made the natural gas distribution system connection rules natural gas users. Those provisions must be objectively justified, economically justified, fair, equitable and transparent. The Governor may propose natural gas system review provisions and the connection request to the natural gas system operator submits the specified period natural gas system connection-the draft regulation. '; to supplement the article with the fourth paragraph as follows: "(4) the Governor shall be entitled to carry out inspections (without prior notice) natural gas transmission, distribution and storage, as well as LNG system operator and one of the functions of production or supply of natural gas, the sponsoring merchant's premises to monitor, how to comply with the requirements laid down in the law" on regulators of public services ", this law and the energy sector specific laws , including the European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency. " 21. Supplement article 99 with point 7 by the following: ' 7) does not ensure compliance with this statutory transmission system operator certification requirements, including do not comply with this statutory certification requirements. " 22. To supplement the law with article 101.1 as follows: "article 101.1 Regulator is entitled the single natural gas transmission and storage system operator shall impose a penalty of up to 10 percent of a single natural gas transmission and storage system operator in the previous fiscal year's net turnover, but not less than 300 euros, if the single natural gas transmission and storage system operator: 1) provides a natural gas transmission or storage services without a license does not comply with the conditions of licence issued or transferred the license issued to other persons; 2) does not meet the regulator approved the storage of natural gas usage and system access rules do not provide access to the system or does not inform regulators in cases of system users or refused the applicants access to the system; 3) does not give a regulator information so prescribed time and manner or provide false information; 4) do not comply with European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency requirements; 5) does not distinguish between their internal accounts, do not submit a regulator the balance sheet, the profit and loss statement and cash flow statement, or violates the prohibition of subsidies; 6) does not ensure compliance with this statutory joint natural gas transmission and storage system operator certification requirements, including this not respected statutory certification requirements. " 23. the express article 103 (1) of the following: "1) provides natural gas marketing service without registration or infringes the provisions of the general authorisation;". 24. Article 105: make the first part of paragraph 3 as follows: "3) impose this law 99, 100, 101, 102, 103, 101.1. and 104 penalty referred to in article 1. '; to make a fifth by the following: "(5) this law 99., 100, 101, 102, 103, 101.1. and 104 penalty referred to in article is paid to the State budget, and it may not include costs borne by the user." 25. To supplement the law with the following chapter XV: "natural gas market Chapter XV Article 106 (1) participants in the natural gas market its mutual contracts shall be concluded in writing. (2) natural gas market participant has the right to use for transportation of natural gas transmission and distribution system of this law and the law "on regulators of public services" provided in the order specified in the system services. (3) natural gas price for the natural gas market participants by mutual agreement. Article 107 (1) natural gas trade can be practiced: 1) natural gas trader, this validly registered in the register of traders of natural gas; 2) public dealer this validly registered gas trader register. (2) All natural gas users are free to choose natural gas trader. All natural gas users, not household users, is a market. Household users have linked user, if not used the opportunity to become a market participant. (3) natural gas supply of associated users provides the public trader Cabinet in accordance with the procedure laid down for the gas price set by regulators or if the permission of the Governor on the gas price set by trader, to the public in accordance with the regulator's defined methodology for the calculation of the price of natural gas. (4) in the territory of Latvia, the public one, and has the following responsibilities: 1) delivering natural gas to all relevant users throughout the territory of Latvia; 2) to perform the last guaranteed the obligations of the supplier against the associated users. (5) the order in which you select the public traders shall be determined by the Cabinet of Ministers. (6) the Governor determines what information and to what extent the public natural gas trader and dealer includes end user invoices to be served and informative materials. (7) the order in which the users and delivers natural gas to its natural gas supply systems for safe use requirements, merchants, traders, the public system, user and object owner gasified, the rights and obligations of the natural gas supply and use, the procedures to be taken in account for services received, interest on arrears, the procedure to change the traders and the users of natural gas supply in the event of supply disruptions, as well as liquefied natural gas service order is determined by the Cabinet of Ministers. Article 108 (1) the Governor shall determine the natural gas trading in the general authorisation provisions that are binding on all natural gas marketers who governed in accordance with the law "On regulators of public services". (2) the Governor form the natural gas traders and provides publicly available. (3) the Governor shall determine to be included in the register of traders of natural gas, a natural gas trader registration requirements and procedures for natural gas trader sends a registration statement or notice of termination of registration notice or notice of termination of the information to be included, as well as the order in which the trader of natural gas, natural gas trader is excluded from the registry and register again. (4) where a natural gas trade in the general authorisation rules have been broken repeatedly, the Governor can turn off natural gas traders of natural gas trader register. Natural gas traders are entitled to resume natural gas trade not earlier than 12 months from the date on which the natural gas trader turned off natural gas traders from the registry if it prevented a breach for which was excluded from the register of traders of natural gas, the laws in the order sent to the Governor a new registration statement and in accordance with the procedure laid down in this Act repeatedly registered gas trader register. (5) where the Governor a month from the date of receipt of the notification of registration are not in writing informed the applicant of the registration statement of refusal to register it, it is considered that the natural gas trader is registered. (6) the registration statement shall be deemed to have been filed on the date on which the Governor received all the prescribed information. If the documents submitted information is incomplete or inaccurate, the Governor is entitled to request more information. The time of the request for more information to the communication of the information requested is not included in the fifth subparagraph of this article within the time limit. (7) the trader of natural gas, natural gas trade may be terminated if that law duly sent to the regulator notice of termination and are excluded from the natural gas trader register. Article 109 (1) end users shall have the right, on the first of each month without limits change the natural gas trader. The system operator shall provide the natural gas traders change within a period not exceeding 21 days. (2) end users not connected users and that is gasified objects connected to the natural gas distribution system, are entitled to receive natural gas supplies in the last guaranteed, if natural gas trader with which the end user's existing natural gas trade agreement, stop the trade in natural gas. The last guaranteed delivery to end-users ensure the natural gas distribution system operator or the third paragraph of this article, in the order designated natural gas trader. (3) the natural gas distribution system operator, giving the trader the last guaranteed delivery, follow an open, non-discriminatory and market-based procedures. (4) the order in which you define and publish the last guaranteed delivery price in the second end users referred to shall be determined by the Cabinet of Ministers. (5) the related user after user's discretion and become a market participant has the right to terminate a dealer's choice and the right to receive natural gas from the public, which does not have the right to refuse the supply of natural gas for this user (except the sixth part of this article in this case). (6) the Public trader has the right to refuse to supply natural gas to the fifth subparagraph of this article, the user, if the public trader has updated your obligation to be a supplier of natural gas to this user more than twice in the last 12 months. Article 110 (1) natural gas transmission, distribution, storage and LNG system operator shall provide system users and applicants who request it, equal and open access to the system, giving them a natural gas transmission, distribution, storage or liquefied natural gas services. (2) natural gas system operator has the right to refuse access to the incentive system to the law "on regulators of public services" in accordance with the procedure laid down in the following cases: 1) system capacity is not sufficient; 2) will not execute obligations and regulatory obligations; 3) has serious economic and financial difficulties with a fixed volume of contracts; 4) Governor of this Act in the case referred to in article 45.3 decides on temporary derogations. (3) the Governor, informed the European Commission, at the request of the natural gas system operator for new natural gas supply system objects, you can grant a temporary derogation from article 6 of this law in the first part of the first subparagraph of article 110 and article 111 of the natural gas system operator requirements if all the following conditions are met: 1) investment improves the safety and supply of natural gas, competition in the natural gas trade; 2) associated with the investment risk is that investments will not be made if it would not be granted a derogation; 3) natural gas supply system objects are the property of the person, which at least is distinct from the legal systems where they will be installed; 4) natural gas supply system object that users pay for it; 5) the derogation is not detrimental to the internal natural gas market to competition or the effective functioning of, or the efficient functioning of the system for which the natural gas supply system object is connected. (4) the decision of the Governor on the derogation, as well as with the decision-related information submitted to the Commission for assessment. (5) the Governor in the month following receipt of the decision of the European Commission, which requested to amend or cancel this article mentioned in the fourth paragraph of the decision, the Governor shall adopt one of the following decisions and shall inform the European Commission: 1) cancels the decision on derogations and issue a new decision, subject to the decision of the European Commission in observations for the amendment of decision; 2) repealing decisions on the granting of a derogation, the European Commission found it unfounded. (6) Biometān, as well as gaseous state into liquefied natural gas are allowed for natural gas transmission and distribution system. The Cabinet of Ministers determines the technical and security requirements, as well as gas quality characteristics to enter and transport of gas, natural gas transmission and distribution system would be safe. Article 111 (1) Latvia has one single natural gas transmission and storage system operator and then: 1) belongs to the natural gas transmission assets needed to carry out the transaction (including transmission system); 2) owns or licenses concerned within the time limit placed for use underground gas storage inčukalns or its part. (2) the single natural gas transmission and storage system operator or natural gas transmission system operator is an energy trader, which separated from the natural gas production and marketing operations and the electricity generation and marketing operations and not part of a vertically integrated natural gas supply merchant or vertically integrated power supply merchant. (3) in order to ensure a single natural gas transmission and storage system operator's independence and effectively prevent any conflict of interest between the single natural gas transmission and storage system operators and supply operators dealing with natural gas or electricity production or trade, comply with the following conditions: 1) the same person or persons, which directly or indirectly controls the energy merchant, dealing with natural gas or electricity production or marketing may not be directly or indirectly exercise control over a single natural gas transmission and storage system operator or natural gas transmission system of underground gas storage inčukalns or use any single natural gas transmission and storage system operator; 2) the same person or persons who are directly or indirectly controlled by a single natural gas transmission and storage system operator or inčukalns underground gas storage, may not directly or indirectly control the energy merchant, dealing with natural gas or electricity production or marketing, or use any such authorised economic operator; 3) one and the same person may not be appointed joint natural gas transmission and storage system operator Board, the Board or the members of the institutions, which have the right to be represented by a single natural gas transmission and storage system operator or natural gas, or the underground gas storage inčukalns, and at the same time, directly or indirectly, to control the supply of natural gas company, which deals with the production and marketing of natural gas, or to exercise any right in this merchant and may not directly or indirectly control the power supply company dealing with the production and marketing of electricity, or the use of any right in such an economic operator; 4) one and the same person may not become Council, Board or a member of the institutions that have the right to be represented by a single natural gas transmission and storage system operator or natural gas supply merchant, dealing with the production and marketing of natural gas, not power supply merchant, dealing with electricity production and marketing, not a single natural gas transmission and storage system operator or natural gas, or the underground gas storage inčukalns; 5) if these parts 2, 3 or 4 that person is in the Republic of Latvia, then the same government institution can control the energy merchant, dealing with natural gas or electricity production and marketing, and natural gas transmission and storage system operator or natural gas, or the underground gas storage inčukalns; 6) unified natural gas transmission and storage system operator of this law article 15 in the fourth, part commercial and confidential information, which it won, acting as part of a vertically integrated undertaking may not be transferred to the supply of natural gas at the disposal of the economic operator engaged in the production of, or trade in natural gas. (4) in order to ensure that the natural gas transmission system operator independence, comply with the following conditions: 1) the same person or persons, which directly or indirectly controls the energy merchant, dealing with natural gas or electricity production or trade, must not, directly or indirectly, to control the transmission of natural gas or natural gas transmission system, or use any right to the natural gas transmission system operator; 2) the same person or persons who are directly or indirectly controlled by natural gas transmission operator or natural gas transmission system, may not directly or indirectly control the energy merchant, dealing with natural gas or electricity production or marketing, or use any such authorised economic operator; 3) one and the same person may not be appointed to the natural gas transmission system operator Board, the Board or the members of the institutions, which is entitled to represent natural gas transmission system operator or a transmission system, a natural gas and at the same time, directly or indirectly, to control the supply of natural gas company, which deals with the production and marketing of natural gas, or to exercise any right in this merchant and may not directly or indirectly control the power supply company, which deals with the production and trade of electricity to use any right to such merchants; 4) one and the same person may not become Council, Board or body to which the Member is entitled to represent natural gas transmission operator, no natural gas supply merchant, dealing with the production and marketing of natural gas, not power supply merchant, dealing with electricity production and marketing, not natural gas transmission system operator or natural gas; 5) if the third parts 2, 3 or 4 that person is in the Republic of Latvia, then the same government institution can control the energy merchant, dealing with natural gas or electricity production and marketing, and natural gas transmission system operator or a transmission system of natural gas; 6) natural gas transmission system operator in this law article 15 in the fourth, part commercial and confidential information, which it won, acting as part of a vertically integrated undertaking may not be transferred to the supply of natural gas at the disposal of the economic operator engaged in the production of, or trade in natural gas; 7) natural gas transmission system operator, owns natural gas transmission assets needed to carry out the transaction (including transmission system). (5) the third paragraph of this article 1, 2, 3 and 4 and the fourth parts 1, 2, 3 and 4 of the requirements do not apply to financial institutions and special purpose established merchants who own shares in the single natural gas transmission and storage system operator or a transmission system operator and the energy merchant, dealing with natural gas or electricity production or trade, if these financial institutions and special purpose monitoring of economic operators established in the Republic of Latvia , another Member State of the European Union, European economic area Member State or by the Organization for economic cooperation and development-financial and capital market supervisory authority and if it is found that these financial institutions and merchants established for a specific purpose activities do not give rise to any conflict of interest between the single natural gas transmission and storage system operator or natural gas transmission system operators and supply operators dealing with natural gas or electricity production or trade. Article 112 single natural gas transmission and storage system operator in addition to this law, are laid down in article 15, the following responsibilities: 1) natural gas transmission systems to provide safe, effective and economically beneficial activity, its technical service and development; 2) to ensure the supply of natural gas distribution system, according to the natural gas distribution system operator based demand; 3) to provide natural gas flow management in the natural gas transmission system according to the technical capabilities of the system and in accordance with the discrimination without discriminatory conditions for receiving natural gas from abroad and to foreign countries for the removal; 4) ensure inčukalns underground gas storage operation, technical operations and development, to provide natural gas storage services; 5) to store individual user energy natural gas reserves belonging to this user, if it allows inčukalns underground gas storage technical capabilities; 6) provide system users or a single user category system non-discriminatory procedures and transactions; 7) provide other natural gas transmission system operators, storage system operators of natural gas, LNG system operators and natural gas distribution system operators need to transporting and storing natural gas could be taken without endangering the secure and efficient operation of the interconnected system; 8) to provide natural gas transmission system users with the information they need for efficient access to the system and underground gas storage inčukalns; 9) to ensure sufficient cross-border transmission capacity, to integrate the European natural gas transmission system infrastructure using all commercially reasonable and technically feasible requirements relating to system power supply; 10) to inform the regulator about any circumstances that a person or persons from a third country or third countries could gain control over natural gas or natural gas transmission system operator; 11 to inform the regulator of all) the planned transactions, which should be assessed as complying with certification requirements; 12) to observe transparent and non-discriminatory market procedure, when you purchase natural gas for the performance of its functions; 13) implement natural gas cooperation between transmission system operators at European and regional level; 14) organize accident localization and liquidation of natural gas transmission system and underground gas storage inčukalns, as well as take preventive actions; 15) to maintain contacts with third parties (System users and applicants) and the Governor; 16) represent a natural gas transmission system operator of the gas transmission system operator in the European network; 17) collect all charges, which are related to the natural gas transmission and storage system (including access charges, balancing cost and fees for ancillary services); 18) ensure its restricted access information protection that it, in the exercise of his duties, has received from the users and market participants. Article 113 of the natural gas transmission system operator in addition to this law, are laid down in article 15, the following responsibilities: 1) natural gas transmission systems to provide safe, effective and economically beneficial activity, its technical service and development; 2) to ensure the supply of natural gas distribution system, according to the natural gas distribution system operator based demand; 3) to provide natural gas flow management in the natural gas transmission system according to the technical capabilities of the system and in accordance with the discrimination without discriminatory conditions for receiving natural gas from abroad and to foreign countries for the removal; 4) to provide the user or certain categories of users of the system in a non-discriminatory procedures and transactions; 5) provide other natural gas transmission system operators, storage system operators of natural gas, LNG system operators and natural gas distribution system operators need to transporting and storing natural gas could be taken without endangering the secure and efficient operation of the interconnected system; 6 natural gas transmission) provide system users with the information they need for efficient access to the system; 7) ensure adequate cross-border transmission capacity, to integrate the European transmission infrastructure using all commercially reasonable and technically feasible requirements relating to system power supply; 8) to inform the regulator about any circumstances that a person or persons from a third country or third countries could gain control over natural gas or natural gas transmission system operator; 9 to inform regulators of all) the planned transactions, which should be assessed as complying with certification requirements; 10) to observe transparent and non-discriminatory market procedure, when you purchase natural gas for the performance of its functions; 11) to implement natural gas cooperation between transmission system operators at European and regional level; 12) organize accident localization and liquidation of natural gas transmission system as well as take preventive actions; 13) to maintain contacts with third parties (System users and applicants) and the Governor; 14) collect all charges, which are related to the natural gas transmission system (including access charges, balancing cost and fees for ancillary services); 15) ensure its restricted access information protection that it, in the exercise of his duties, has received from the users and market participants. Article 114 (1) the single natural gas transmission and storage system operators and natural gas transmission system operator shall have the obligation to ensure compliance with the second subparagraph of this article set out in the certification requirements and submit to the regulator, but the supporting documents referred to in the third subparagraph, in the case specified in the certificate. (2) the single natural gas transmission and storage system operators and natural gas transmission system operator meets the certification requirements, if met both of the following conditions: 1) follow this law, respectively, article 111 on the third or fourth part independence requirements; 2) this law and European Union law of the transmission system operator, including the obligations laid down in Regulation No 715/2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) no 1775/2005 of the European Parliament and of the Council Regulation No 994/2010 concerning measures to safeguard security of gas supply directive 2004/67EK and European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency. (3) If the application for certification shall be submitted to the single natural gas transmission and storage system operator or natural gas transmission system operator controlled by a person or persons from a third country or third countries, then, in addition to the first paragraph of this article, the conditions of the single natural gas transmission and storage system operator or natural gas transmission system operator demonstrate that the relevant system operator certification will not jeopardize the Member States of the European Union's energy security. In considering the above assurances, the Governor shall take into account: 1) the European Union's rights and obligations to the third country concerned, by international law, including any with one or more third countries, the conclusion of the agreement, the Contracting Party which is the European Union and which addresses energy security issues; 2) rights and obligations of Latvia against the third country in question with respect to that for as long as they comply with the European Union legislation; 3) other specific circumstances of the case. (4) the Governor shall determine which documents and information must be submitted in order to demonstrate that this article is part of the second and third requirements. (5) in the third paragraph of this article, in particular the exercise by the Governor is entitled to request and receive the opinion of the competent national authorities of the European Union and the rights and obligations of Latvia against the third country concerned. (6) the obligation to prove compliance with this statutory certification requirements on the natural gas transmission system operator. Article 115 (1) Governor certified the single natural gas transmission and storage system operator and the transmission system operator: 1) If you have received a joint natural gas transmission and storage system operator or natural gas transmission system operator's application; 2) on its own initiative in cases stipulated by law; 3) at the reasoned request of the European Commission. (2) If the application for certification shall be submitted to the single natural gas transmission and storage system operator or natural gas transmission system operator controlled by a person or persons from a third country or third countries, the Governor shall immediately inform the European Commission thereof. (3) the Governor four months from a single natural gas transmission and storage system operator or natural gas transmission system operator request or the request of the European Commission evaluated of the date of receipt of the single natural gas transmission and storage system operator or a transmission system operator in compliance with this law, article 114 in the second part of the certification requirements. (4) If a single natural gas transmission and storage system operator or natural gas transmission system operator does not meet the certification requirements, the Governor shall take a decision on the refusal to certify a single natural gas transmission and storage system operator or natural gas transmission system operator and establishes the single natural gas transmission and storage system operator or natural gas transmission system operator term failures. Date that the single natural gas transmission and storage system operator or natural gas transmission system operator does not need shortage, not including this article within the time limit referred to in the third subparagraph. (5) If a single natural gas transmission and storage system operator or natural gas transmission system operator meets the certification requirements, the regulator opinion on joint natural gas transmission and storage system operator or natural gas transmission system operator compliance certification requirements, as well as with the opinion-related information submitted to the Commission for assessment. (6) within two months after receipt of the opinion of the European Commission in a single natural gas transmission and storage system operator or natural gas transmission system operator certification, the regulator decides on a single natural gas transmission and storage system operator or natural gas transmission system operator certification and approved natural gas transmission system operator. The decision shall be forwarded to the European Commission. (7) if the European Commission assessment of the fifth part of this article, the Governor referred to in opinion and related information, it is concluded that the unified natural gas transmission and storage system operator or natural gas transmission system operator does not meet the certification requirements, the Governor two months after receiving the opinion of the European Commission to take a decision on the refusal to certify natural gas transmission system operator. The regulator detects the single natural gas transmission and storage system operator or natural gas transmission system operator the deadline for the correction of deficiencies, as well as the time limit within which the unified natural gas transmission and storage system operator or natural gas transmission system operator shall submit an application for the certificate again. Article 116 (1) of this Act, 114.111 and 115 in the article, the term "control" used in Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (the EC merger regulation), meaning the rights, contracts or any other means, including ownership or the right to use all the energy trader's assets or part thereof and the rights or contracts which confer a decisive influence on the energy trader's governing body composition , voting or decisions, which, either separately or together, actually or legally confer the possibility of exercising decisive influence on an energy trader. (2) this Act 111.114.115, and the meaning of the term "any right" understands the use of voting rights, the right to appoint the energy trader's Board, the Board or the members of such bodies, which have the right to be represented by such merchant or controlling possession. " 26. the transitional provisions: turn 12, 16 and 18; Express 31 the following: "31. Article 45 of this law, 1.1, the second, third, fourth, fifth and sixth paragraph shall enter into force on January 1, 2018. The first report referred to in article 45 of this law, in the third paragraph, the natural gas distribution system operator shall submit to the Governor until 1 January 2018. "; turn off 32; express the following paragraph 34: "34. Article 107 of the Act in the third, fifth and seventh and the fourth paragraph of article 109, the provisions laid down in the Cabinet of Ministers issued to 2017 April 3. Until the date of entry into force of rules, but no longer than up to 2017 April 2, applicable to the Cabinet of Ministers of 16 December 2008 rule no. 1048 "natural gas supply and use". Up to 2017 April 3, the natural gas distribution system to users who purchase natural gas for their own needs outside of the joint stock company "Latvijas gāze" license area, have the right to use their own supply of the natural gas distribution system in accordance with the bilateral, where the user and the company Latvian gas — agreement that it should be possible to make separate accounts for the use of the distribution system services. "; turn 35; make 36 as follows: "36. Article 110 of this law in the sixth part from the provisions laid down in the Cabinet of Ministers issued up to 2016 December 1. Until the entry into force of the provisions applicable to the Cabinet of Ministers of 13 October 2015 the rules no 580 ' requirements for biogas and biomass-produced gas and gaseous state into liquefied natural gas for transport to enter and natural gas transmission system. "; turn off 37; Express 38.2 and 3 of subparagraph by the following: ' 2.3, 2017) April issue this law, article 107 of the sixth part of the laws. Until this legislative act date of entry into force, but no longer than up to 2017 April 2, applicable to the public service Commission for the regulation of the Council of 4 December 2014, decision No 1/17 approved the "regulations on electricity and natural gas information end users"; 3) 1 2017 April issue this law, article 45 of the fifth and sixth and the third subparagraph of article 114 of the said regulations. "; transitional provisions be supplemented with 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55 and 56 points by the following: "41. This Act 84.1 referred to in the first subparagraph, the provisions of the system connection be regulators for approval within five months from the date of entry into force of the amendments to this law, the first subparagraph of article 84.1 point a new wording. Up to the date of entry into force of the natural gas transmission system connection rules biometān, LNG system operators and users of natural gas and natural gas distribution system connection rules natural gas users, applicable to the public service Commission for the regulation of the Council of 16 July 2008. decision No. 233 approved "natural gas system connection". 42. This law, 42.2, 107.20.3 and article 109, article 111, the first and second part, 112.113. Article 116, and shall enter into force on April 3, 1869. 43. Article 108 of this law shall enter into force on 10 February 2017. Natural gas marketers, which licenses to trade in natural gas by 2017. on 10 February, in effect, is not required to submit a notice of registration. The following natural gas traders Governor on his own initiative record the relevant register. From 2017. on 10 February to 2017 April 3, with the natural gas trade deals in natural gas trader that 2017 February 10, a valid licence to trade in natural gas. Natural gas traders and public dealer article 107 of this Act referred to in the first subparagraph shall be entitled to perform the duties of the 2017 April 3. 44. Article 111 of this Act in the third, fourth and fifth, 114 and 115 shall enter into force on December 31, 2017. 45. Until the regulator makes a decision on a single natural gas transmission and storage system operator certification, a natural gas transmission system operator shall perform the duties of the supply of natural gas trader, which issued the license for the transmission of natural gas. 46. Until the regulator makes a decision about the approval of tariffs of natural gas transmission, storage and distribution and a decision on the approval of the related price of natural gas users, the system operator and the public supply of natural gas dealer services at tariffs set in the joint stock company "Latvijas gāze". 47. The Cabinet of Ministers by 2016 December 31 issued this law article 44, second paragraph, the rules laid down. 48. The Governor shall issue this law, in the second paragraph of article 42.2 and 44 in the fourth paragraph of article these regulations within six months from the date of entry into force of that article. 49. pending the common natural gas transmission and storage system operator in the natural gas transmission system operator for approval and posting to the natural gas transmission system operator acts in accordance with article 112 of the law. 50. Shares of the company Latvian gas reorganisation resulted in the newly created entity of re-registering the direct administration, municipal and autonomous public bodies to administer the service databases is carried out free of charge. Shares of the company "Latvijas gāze" reorganisation results in a newly created entities in the statutory license shall be issued free of charge. 51. on 3 April 2017 to 2019 January 1 the public duties of the merchant trader that 2017 February 1, a valid licence to trade in natural gas. 52. The single natural gas transmission and storage system operator until 2018 10 January submitted its application for certification to the Governor under this law, 115. 53. The amendments to this law, in article 7 of the second paragraph, the word "natural gas trade — for five years" shutdown and a supplement to the article fifth, as well as the amendment to article 103 of this law on the expression of paragraph 1 the new version enters into force 10 February 2017. 54. The Regulator until 2017 April 3, from the new issue of this law article 15, part 1 natural gas supply service tariff calculation methodologies and issue 107 in the third subparagraph of article down the natural gas price calculation methodology, which provides for the fixing of tariffs and prices expressed in units of energy of natural gas. 55. Article 6 of this law, the third part of article 43 and the first part of the lapse in 2017 April 3. 56. the joint stock company "Latvijas Gaze" reorganisation results in the merged entity, which is a natural gas transmission system operator's obligation, is binding on the successor to the decisions on the allocation of investment costs, which are up to the natural gas transmission system operator separation were adopted pursuant to the regulation of the European Parliament and of the Council No. 347/2013, laying down guidelines for European infrastructure and repealing Decision No 1364/2006/EC amending Regulation (EC) no 713/2009, Regulation (EC) no 714/2009 and Regulation (EC) no 715/2009. " 27. off informational references to the directives of the European Union 1. The Parliament adopted law 2016 11 February. The President vietāSaeim the President i. Mūrniec Riga 2016 February 23