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Amendments To The Electricity Market Act

Original Language Title: Grozījumi Elektroenerģijas tirgus likumā

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The Saeima has adopted and the President promulgated the following laws: law on electricity market make the electricity market Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2005, nr. 12; 2008, no. 10; Latvian journal, 2011, 117 no). the following amendments: 1. To supplement article 3 the second paragraph after the word "market" with the words "as well as the responsibility for non-compliance of this law". 2. Add to article 5 of the fourth and fifth by the following: "(4) the electricity market transparency and the level of competition at the monitor regulator. (5) the Governor shall report annually to the European Commission and the Agency for the cooperation of energy regulators about its activities and duties set out in this law, as well as publish this report in its homepage on the internet. " 3. in article 8: turn off paragraph 5 of part three; off the seventh part. 4. Supplement article 9 with 2.2 part as follows: "(22) the system operator shall, in accordance with the provisions of the regulators develop, submit for the approval of the Governor and published in the permitted load of the effective conditions of use and the procedures they apply to new connections that meet the requirements of regulators." 5. Express article 11 the third paragraph as follows: "(3) the transmission system operator shall ensure its restricted access information protection that it, in the exercise of his duties, has received from the participants and market participants." 6. Replace article 12, first paragraph, the word "energy" with the word "supply". 7. Express 15.1 the first paragraph as follows: "(1) each year, the regulators approve the transmission system operator of the transmission system of the development of the 10 year plan and monitor its execution." 8. Add to article 18 of the fourth and fifth by the following: "(4) the distribution system operator shall develop, submit for the approval of the Governor, and the Governor published in accordance with the procedure laid down in the approved standard system services contract users. (5) the distribution system operator shall provide its restricted access information protection, which, in the exercise of his duties, has received from the participants and market participants. " 9. Express 26.1 article fourth, fifth and sixth the following: "(4) the Governor shall determine to be included in the register of producers of electricity, electricity producer registration requirements and procedures for the electricity producer sends a notice of registration (hereinafter registration statement) or a notice of termination of registration notice or notice of termination of the information to be included, as well as the order in which electricity producers excluded from the register of electricity producers and re-recorded. (5) if the electricity production of the general permit rules have been broken repeatedly, the Governor can turn off electricity producers of electricity producers. Electricity producer is entitled to resume electricity production after a year from the date when the producer of electricity from the power company off the register if it prevented a breach for which was excluded from the register of electricity producers, regulations prescribed regulator sent new registration statement and in accordance with the procedure laid down in this Act repeatedly registered electricity producers. (6) If 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 electricity producer is registered. " 10. To supplement the law with article 30.1 of the following: ' article 30.1. Electricity net settlement system (1) electricity net settlement system is the order in which to sort the payments for the amount of electricity consumed and the distribution system operator shall take off on household user of electricity consumed and produced electricity that passed to the network distribution system operator. If, in accordance with the electricity consumed and the calculation of the amount of the household user distribution system operator network has transferred more than consumed by electricity, the volume of electricity including electricity billing in the next period of the calendar year. Net settlement system for electricity billing period is one calendar month. (2) household user, generating electricity for their own household consumption needs (final), have the right to payments for household consumption, and use of electricity produced electricity net settlement system, if all the following conditions are met: 1) household users with distribution system operator has entered into a written agreement for the electricity net settlement system; 2) household electricity is produced from renewable energy sources; 3) electricity household is produced and consumed in one connection; 4) installed power production in the household equipment voltage not exceeding 400 volts and total work power single-phase or three-phase connection of up to 16 amps. (3) electricity net settlement systems apply only to settlement of the household user of electricity consumed, but does not apply to the settlement of the distribution system have received services or other legislation set payments. (4) the order in which household users agree with the distribution system operators for electricity net settlement system, and the order in which it was applied, shall be determined by the Cabinet of Ministers. " 11. in article 32.1: make the third and fourth subparagraph by the following: "(3) the Governor determines the register to be included on trader of electricity, electricity traders registration requirements and procedures for electricity 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 electricity traders excluded from the register of traders of electricity and re-recorded. (4) If the electricity trading general authorisation rules have been broken repeatedly, the Governor can turn off electricity retailer of electricity retailer registry. Electricity trader has the right to resume the electricity trade after a year from the day when the electricity is turned off from electricity trader dealer registry if it prevented a breach for which was excluded from the register of traders, electricity regulations prescribed regulator sent new registration statement and in accordance with the procedure laid down in this Act repeatedly registered electricity traders register. "; express the sixth part as follows: "(6) If 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 electricity trader is registered." 12. Replace article 37.2 of the third paragraph, first sentence, the word "Exchange" with the words "market operator". 13. To supplement the law with article 37.5 of the following: ' article 37.5. Electricity wholesale market monitoring (1) the market participants and transmission system operators, handling the wholesale electricity market, the European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency requirements, including the prohibition of abuse of inside information, the prohibition of market manipulation, as well as the obligation to provide information to regulators and the Agency for the cooperation of energy regulators. (2) the first paragraph of this article shall monitor compliance with the regulation the regulator then determined jurisdiction. " 14. Replace article 38 in the third paragraph, the words "the law" Of the annual accounts "with the words" the law "of the annual accounts. 15. Replace article 39, first paragraph, the words "the law" Of the annual accounts "with the words" the law "of the annual accounts. 16. To supplement the law with the X Division as follows: "chapter X liability for non-compliance

Article 41. The transmission system operator's liability the Regulator is entitled to the transmission system operator to impose fines of up to 10 percent of a transmission system operator in the previous fiscal year's net turnover, but not less than 300 euros, where the transmission system operator: 1) provides transmission services without a license, does not comply with the conditions of licence issued or transferred the license issued to other persons; 2) does not provide a new transmission infrastructure planning, construction, and commissioning and transmission system development plan 10 years according to the requirements of regulators; 3) do not comply with the regulatory framework laid down in the rules of connection does not provide access to the system or does not inform regulators about where the transmission system operator has refused the operator access to the system; 4) does not ensure compliance with this statutory transmission system operator certification requirements; 5) submitted a report on its compliance to regulators, certification requirements, including transmission system operator independence requirements; 6) do not develop a network code, including amendments to the network code, and does not support the procedure laid down in the code of the network; 7) does not provide its restricted access information protection that it, in the exercise of his duties, has received from the participants and market participants; 8) do not comply with European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency requirements; 9) does not provide specific information to the Governor at the time and order or provide false information; 10) does not distinguish between its internal accounting regulator submitted a balance sheet, income statement and cash flow statement, or violates the prohibition of cross-subsidy. Article 42. The distribution system operator is entitled the Regulator the distribution system operator shall impose a penalty of up to 10 percent of the distribution system operator in the previous fiscal year's net turnover, but not less than 300 euros, where the distribution system operator: 1) gives the distribution system services without a license, does not comply with the conditions of licence issued or transferred the license issued to other persons; 2) does not provide the distribution system operation, service and safety, management and development, connectivity with other systems and the long-term ability to transport electricity; 3) do not comply with the regulatory framework laid down in the rules of connection does not support connection to the distribution system or does not inform the regulator of cases where the distribution system operator is an operator refused access to the system; 4) does not provide its restricted access information protection that it, in the exercise of his duties, has received from the participants and market participants; 5) do not comply with the transmission system operator of the independence requirements, including the requirement to develop a compliance program and to provide a report on the measures taken to follow it; 6) does not provide specific information to the Governor at the time and order or provide false information; 7) does not distinguish between its internal accounting regulator submitted a balance sheet, income statement and cash flow statement, or violates the prohibition of cross-subsidy. 43. article. The responsibility of the owner of the electricity system Regulator is entitled electricity system owner to impose fines of up to 10 percent of the electricity system of the owner of the previous financial year, the net turnover, but not less than 300 euros, if the owner of the electricity system: 1) does not comply with the electricity system of the owner of the independence requirements, including the requirement to develop a compliance program and to provide a report on the measures taken to follow it; 2) does not give a regulator report on the electricity system owner the ability to comply with the obligations set out in this Act; 3) cooperate with the transmission system operator or a transmission system operator the duty necessary information; 4) gets the limited availability of information to the other vertically integrated power supply merchant; 5) not funded investments in the transmission system, which is ruled by the transmission system operator and approved by the Governor; 6) does not provide specific information to the Governor at the time and in the order or giving false information. 44. article. Electricity producer responsibility Governor is entitled to a producer to impose fines of up to 10 percent of the electricity producers in the previous fiscal year's net turnover, but not less than 300 euros, if the producers of electricity: 1) provides electricity service without registration or infringes the provisions of the general authorisation; 2) does not provide specific information to the Governor at the time and in the order or giving false information. Article 45. The responsibility of the trader of electricity Regulators is entitled electricity trader to impose fines of up to 10 percent of the electricity traders in the previous fiscal year's net turnover, but not less than 300 euros, if the trader of electricity: 1) provides services to electricity trading without registration or infringes the provisions of the general authorisation; 2) invoices to be served to the end user and informative materials does not include the information specified by the Governor; 3) does not give a regulator information so prescribed time and manner or provide false information. Article 46. The liability of the operators, the Regulator is entitled to an operator to impose a fine of up to 10 percent of the market in the previous fiscal year's net turnover, but not less than 300 euros, if the market participant fails to comply with European Parliament and Council Regulation No 1227/2011 on energy wholesale market integrity and transparency requirements, including the prohibition of abuse of inside information, the prohibition of market manipulation, as well as the obligation to provide information to regulators and the Agency for the cooperation of energy regulators. 47. article. The process of administrative proceedings (1) If the Governor finds that the system operator, the owner of the system, electricity generators, the electricity trader or market participant fails to comply with the requirements of this law, the Governor can accept one or more of the following decisions: 1) be obliged to provide a period set the requirements of this law; 2) warn; 3) impose this law, 41, 42, 43, 44, 45 or 46.. fines referred to in article. (2) If the Governor decides that his obligation within the time limits laid down to ensure the compliance with the requirements of this Act and expressed the warning, but the electricity system operator system owner, producer, trader or electricity market regulator has not fulfilled within the time limit set by that decision, the Governor is empowered to decide on the imposition of fines. (3) the regulatory administrative act issued under this Act may appeal to the administrative court. The administrative district court case as a Court of first instance of the three judges. Judgment of the Court of appeal, by an appeal in cassation. (4) the application of the first paragraph of this article of the administrative act of the cancellation of the recognition of the unenforceable or invalid submission in court does not suspend the operation of this administrative act, except for the operation of the administrative part of the imposition of the fine. (5) this law, 41, 42, 43, 44, 45 and 46. fines referred to in article is paid to the State budget, and it may not include costs borne by the user. (6) the Cabinet of Ministers issued the rules on the determination of the amount of the fine, which provides for the financial year, net turnover calculation, the calculation of the amount of the fine, having regard to the gravity and duration of the infringement, the mitigating and aggravating circumstances, as well as determining the cases in which a fine may be reduced. " 17. transitional provisions be supplemented with 28, 29, 30 and 31. point as follows: "Cabinet of Ministers 28 2014 1 January this law, article 18.7 shall be issued in the fourth paragraph, those provisions. 29. The Regulator until 2014 1 January issue of this law in the fourth paragraph of article 26.1 and the third paragraph of article 32.1 these regulations. Until this legislation into force, but no longer than up to 2014 applicable 1 January 2011 regulator November 23, decision No 1/31 "energy producers and traders registration rules". 30. The Cabinet of Ministers until 2014 issued April 1 article 47 of this law the provisions referred to in the sixth paragraph. 31. Chapter X of the Act shall enter into force simultaneously with the amendments to the Latvian Code of administrative offences. " The law shall enter into force on January 1, 2014. The Parliament adopted the law in 2013. on 10 October. The President a. Smith 2013 in Riga on October 29.