Regulations to the law on common rules for the internal market for natural gas (natural gas regulation) date FOR-2003-11-14-1342 Department Ministry of petroleum and energy published in 2003 clip 15 entry into force 01.01.2004 last edited FOR-2011-02-25-195 from 01.03.2011 Change applies to Norway Pursuant law-2002-06-28-61-section 4 Announced 14.11.2003 short title natural gas regulation Chapter overview: Chapter 1. General provisions (§ § 1-1-1-2) Chapter 2. Impact assessment and concession, etc. (§ § 2-1-2-5)
Chapter 3. About accounting, information duty, maintenance etc. (§ § 3-1-3-6)
Chapter 4. Miscellaneous provisions (§ § 4-1-4-6) legal authority: Provided by URkgl.res. november 14, 2003 under the legal authority of the law of 28. June 2002 No. 61 on common rules for the internal market for natural gas (natural gas Act) section 4. Promoted by the Ministry of petroleum and energy.
EEA EEA referrals: annex IV No. 23 (Directive 2003/55/EC).
Changes: modified by regulations 1 feb 2008 Nr. 87, 4 sep 2009 Nr. 1156, 5 feb 2010 No. 114, 25 feb 2011 No. 195. Chapter 1. General provisions § 1-1. (Active area) The regulations will apply to transmission, distribution, supply and storage of natural gas that is not covered by the law 29. November 1996 No. 72 of the petroleum business. The regulation will also apply to biogas, gas from biomass and other types of gas as far as such gases can technically and injected into healthy and transported through a natural gas system.

§ 1-2. (Definitions) In this regulation be understood with: a) the law, the law of 28. June 2002 No. 61 on common rules for the internal market for natural gas, b) warehouse facility, a facility that is used for the storage of natural gas and owned and/or operated by a natural gas undertaking, including the part of LNG facilities used for storage, but excluding the portion used for production operations, and excluding facilities reserved for transmission system operators when they perform their tasks, c) LNG plant, a terminal which is used for conversion of natural gas to liquid or import , unloading and regassifisering of LNG, including additional services and temporary storage necessary for the regassifiseringen and the subsequent delivery to the transmission grid, but shall not include any part of LNG terminals used for storage, d) inventory system operator, any physical or legal person who operates the storage business and is responsible for the operation of the warehouse facility, e) transmission system operator, any physical or legal person who performs transmission of natural gas and who is responsible for the operation, maintenance and, where appropriate, the development of the transmission system in a given area, as well as, where appropriate, for the system interconnections with other systems, and to ensure the system's long-term ability to meet reasonable requirements for the transport of natural gas, f) the distribution system operator, any physical or legal person who carries out the distribution of natural gas, and who is responsible for the operation, maintenance and, where appropriate, the development of the distribution system in a given area , as well as, where appropriate, the system's pairings with other systems, and to ensure the system's long-term ability to meet reasonable requirements for the distribution of natural gas, g) LNG-systemoperatør, any physical or legal person who carries out the conversion of natural gas to liquid or import, unloading and regassifisering of LNG and is responsible for the operation of the LNG facilities, h) system, any transfer or distribution networks, LNG facilities or warehouse facility that is owned or operated by a natural gas undertaking , storage in the pipeline and the company's facilities that provide associated services, as well as associated Enterprise facility that is required to give access to transmission, distribution and LNG, in) system user, any physical or legal person who supplies or supplied from a system, j) security, both security of supply and technical security.

Chapter 2. Impact assessment and concession, etc.

section 2-1. (Impact assessment) For plants that are konsesjonspliktige under section 2-3 and covered by the planning and building Act of 27. June 2008 No. 71 chapter 14 to impact assessments be attached application pursuant to section 2-2.
For projects that apply to the transport of the gas in the pipeline with a diameter of more than 800 mm and a length of more than 40 km or who is believed to have significant nutritional or environmental effects get provisions on impact assessments in Chapter 4 in the regulation of 27. June 1997 No. 653 of the law on petroleum activities corresponding to the application so far they fit for as far as the pipeline going in the sea. Impact assessments should be attached to application pursuant to section 2-2.

section 2-2. (Application) Application for a licence and its construction plan will be sent to the Ministry and include: a) a description of the applicant and its business, b) scheduled time for initiation and completion of the plant, c) a technical description of the plant with a map attachments, d) a justification for the measure, e) an assessment of the economic conditions and an account of the land and environmental effects of the measure, f) a description of the need for permissions after the second law , including the relationship to the municipal plans for planning and building law, g) an account of the relationship to the energy white papers prepared in accordance to the regulations of 16. December 2002 No. 1607 about energy assessments, h) other information that is necessary to assess whether permission should be granted. The Ministry can determine which information or research the applicant need to make sure.

Announcement of the application, a brief description of the plans, the information about how the application is listed and the deadline to give statement to be indented in the Norwegian Gazette and in one or more newspapers generally read in the district. The applicant pays the expense of embedding and announcement. Announcement when there are unnlates can ubetenkelig.
Government agencies and others that measure directly apply, to get the application sent to the statement. At issue are set a deadline to submit the statement of the licensing authority. Hearing can unnlates when it is ubetenkelig.

§ 2-3. (Licensing) Facility for the transmission of natural gas, LNG facilities and other facilities as in the most essential to deliver natural gas to natural gas companies in the region can not be built or operated without a licence from the Ministry after.
Smaller facilities for the transmission of natural gas, less LNG facilities, other less natural gas plants and facilities for the distribution of natural gas does not require a licence.
The Ministry determines what is closer to konsesjonspliktig after the first paragraph and what is exempt from the system after the second paragraph.
A licence is to be granted on the basis of non-discriminatory, factual and objective criteria. By the assessment of whether the concession after the first paragraph is to be given to, among other things, the emphasis is on to pave the way for a societal rational energy system, including the search to achieve environmentally good solutions for the energy system and the specific plant.

§ 2-4. (Criteria for licence) For licences under section 2-3 can it be determined terms about: a) konsesjonærens organization and competence, skill level of the one that is left operating tasks and about bortsettelse of operation, b) shutting down and cleaning of the facility, including about deadlines and coverage of expenses, c) technical matters, d) emergency response conditions.

e) pathways scheme, f) facilitating or connection of other facilities or systems, g) sizing, h) measures to reduce the damage or disadvantages of the plant for environmental and other land use, in) participation in energy planning by law 29. June 1990 No. 50 on the production, conversion, transmission, sales, distribution and use of energy and more (Energy Act) section 7-1.

The Ministry can set as a condition for a licence pursuant to section 2-3 that konsesjonæren is committed to provide further public services defined as may pertain to security, including security of supply, regularity, quality and price of supplies, and environmental protection, including energy efficiency and climate protection.
The Ministry may in connection with the individual concession additional terms if the fix is required in the interests of public or private interests.

section 2-5. (The concession decision, revoke etc..) A licence is granted to the legal person who is established in accordance with Norwegian legislation and is registered, when nothing else follows from international agreements. A licence can also be assigned to physical person resident in an EEA State. is provided for the Concession up to 30 years. The concession time can be extended upon application from konsesjonæren. Application for extension of a licence should be sent no later than 1 year before the expiration of the concession time, unless the Ministry decides something else.
The licence shall include a description of the facility, complete with a map. It can be given deadlines for late start of construction works, commissioning of the plant or any part of this.
If the licence under section 2-3 not be granted to an applicant, the grounds for refusal is sent to the EFTA surveillance authority to the notification.
If the concession after this regulation is given on the basis of incorrect or incomplete information about matters of significant importance, or konsesjonæren grossly or repeatedly contravenes the Act, this regulation or the regulations or an order given in pursuance of the Act or this regulation, the licence can be withdrawn. Revocation of a licence does not exempt for the obligations arising out of regulation or licensing terms.

Chapter 3. About accounting, information duty, maintenance etc.

§ 3-1. (Accounting) Natural gas companies are obliged to keep accounts under the provisions of the Act 17. July 1998 No. 56 of annual accounting (accounting).

To avoid discrimination, kryssubsidiering and natural gas should entail enterprises in their internal financial statements result in separate accounts for its activities in connection with the transmission, distribution, LNG and storage of natural gas, in the same way as they might have done if the business had been exercised by separate undertakings. It should be accounting, if applicable, consolidated, for other activities. The internal accounts shall include a balance sheet and a profit and loss statements for each business.
Natural gas enterprises in their internal financial statements specify which rules they follow when drafting of the separate accounts referred to in the second paragraph as to allocation of assets and liabilities and expenditure and income as well as depreciation, without prejudice to current national accounting rules. These rules can be changed only in special cases. Such changes should be specified and be duly substantiated.
In the notes to the annual financial statements to all transactions that are carried out with associated companies be specified.

section 3-2. (Prohibition of discrimination) Distribution system operators shall not under any circumstances discriminate between system users or groups of system users, particularly not in favor of their own affiliates.

section 3-3. (General requirements for the operation, maintenance and development of facilities) Transfer, distribution, storage and LNG systemoperatører will be on economic acceptable terms drive, maintain and develop secure, reliable and efficient systems and systems for the transfer, storage, distribution, or LNG. Environmental considerations should be safeguarded.

section 3-4. (Duty Information, confidentiality and misuse of information) Transfer, distribution, storage and LNG systemoperatører to disclose sufficient information to other operators to ensure that transmission, distribution and storage of natural gas may take place in a way that is consistent with a safe and efficient operation of the integrated system.
Distribution system operators shall provide system users the information that is needed to get an efficient access to the system.
Transfer, distribution, storage and LNG systemoperatører will be without prejudice to section 4-2 or any other statutory disclosure, preserve silence on the information as mentioned in the administrative law section 13 subsection no. 2 that is received in connection with the conduct of the business. Information about its own activities which may be commercially advantageous, be made public on a non-discriminatory way. Transmission and distribution system operators should, within the context of sales or purchases of natural gas carried out by themselves or an associated undertaking, not abuse information as mentioned in the management law section 13 subsection no. 2 they have received from third parties in connection with the allocation of, or negotiation of access to the system.
The intentional or negligent infringement of the third and fourth paragraph is punishable by fines according to the bourgeois criminal law Almindelig 22. May 1902 No. 10 (Penal Code), section 339 Nr. 2, cf. § 48a and 48b section.

§ 3-5. (Acquisition of energy for the operation of natural gas pipelines) Transmission system operators shall apply the transparent and non-discriminatory methods by the acquisition of the energy that is required for the transmission of natural gas.

§ 3-6. (Natural gas enterprises ' information obligation) Natural gas companies have a duty to ensure that consumers have a right to a contract that includes the following information 1.
natural gas entity's name and address, 2.
services provided, the quality level of the service as well as the time for the first connection, 3.
any maintenance services provided, 4.
the manner in which up-to-date information on all applicable tariffs and maintenance charges may be obtained, 5.
the contract, the conditions for renewal and termination of services and the contract as well as any right to termination, 6.
any replacement or refund if the services do not have the quality that is specified in the contract, and 7.
how the procedure for dispute resolution will be implemented.

Terms in contracts of natural gas enterprises are included with consumers should be fair and familiar to the consumer before conclusion of the contract in a clear and understandable language. Natural gas undertakings shall notify the consumer in good time before the plans about changing the terms of the contract, including whether the Court in the fourth period. Price increases to be notified in a reasonable amount of time, and no later than one normal billing period after the increase comes into effect. If the consumer does not accept the new terms natural gas entity has advised of, consumer right to cancel the contract.
Natural gas companies to give consumers clear and distinct information about current prices and tariffs and on standard terms and conditions for access to and use of gas services.
Natural gas companies to offer consumers a wide range of payment options. Differences in the terms and conditions to reflect the supplier's costs by the use of the different payment systems. The consumer should be protected against unfair or misleading selling methods.
This provision will still not apply to consumer deals where other legislation gives consumers a better legal position.

Chapter 4. Miscellaneous provisions § 4-1. (Control) The Ministry leads the control with the provisions given in or pursuant to the law are complied with.
The owner or driver facilities or business covered by the law shall ensure that the plant, the operation of the facility or the business meets the requirements that are set out in or pursuant to the Act or this regulation.

§ 4-2. (Information) Anyone who owns or operates the business covered by this regulation have a duty to give the Ministry and the Ministry authorizes that dispute resolution authority the information of technical or economic nature which are necessary for the exercise of authority under this regulation, as well as for the safeguarding of Norway's obligations under the EEA agreement in this area.

section 4-3. (Dispensation) The Ministry may in particular cases from this regulation, dispense provisions given in pursuance of this regulation and the terms and conditions set in the concessions given in pursuance of this regulation within the framework of Norway's obligations under the EEA Agreement.

§ 4-4. (Food expertise) The Ministry may give the orders that are necessary for the implementation of the provisions given in or pursuant to the law.

§ 4-5. (The authority to give the regulations) The Ministry may provide regulations to the completion and implementation of this regulation.

section 4-6. (Entry into force) This Regulation shall enter into force 1. January 2004.