Regulation (2011:715) On The Certification Of Some Natural Gas Companies

Original Language Title: Förordning (2011:715) om certifiering av vissa naturgasföretag

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:715

Introductory provisions



section 1 of this regulation provides that connects to

Act (2011:711) for the certification of some natural gas companies.



paragraph 2 of this regulation, ' transmission networks

high pressure pipeline for transmitting natural gas or a cellular network in

mainly consisting of such management with the exception of

high pressure line is mainly used in the context of local

distribution of natural gas.



Application for certification



section 3 of the application for certification shall be made in writing and filed

to the supervisory authority.



The application shall contain information on the



1. the guidance which the applicant uses or intends to use for

transmission of natural gas,



2. the applicant's organisation and ownership,



3. whether any due to contracts, articles of incorporation, bylaws

or comparable documents has the right to exercise a

control of the applicant or to designate or

dismiss the members of the applicant's Board of directors or equivalent

governing body,



4. whether anyone other than the applicant own or otherwise

disposes of assets used in the activities related to

transmission of natural gas,



5. company that the applicant owns shares in or on

otherwise exercises control over,



6. the name and social security number or, if there is none, date of birth

the Board of Directors, Executive Director, authorised signatory

and other people with similar status of the applicant;



7. whether the Member of the Board of Directors, Executive Director,

signatory or another person with similar status in

the applicant has a corresponding position in a company that

engaged in the production of, or trade in natural gas or electricity, or

otherwise, exerts influence over such companies, and



8. whether the applicant is controlled by or is likely to

controlled by a person or persons from third countries.



section 4 of The application referred to in paragraph 3 of the certificate of registration and shall

the applicant's articles of incorporation or comparable statutes attached.

The applicant must also submit proof of registration for companies

the applicant owns shares in or otherwise have

a controlling influence.



If the applicant is not required to draw up an annual report in accordance with

Regulation (2006:1051) on accounting and auditing

transmission of natural gas, storage of natural gas and the operation of

gasification plant, must also balance sheet, income statement,

notes and the management report for the last financial year

attached.



The final decision of the regulatory authority



§ 5 supervisory authority shall notify a final decision on the

certification to the European Commission. The notification shall

include a statement about the certified company

transmission networks.



Certification in relation to third countries



Notification to the European Commission



section 6 supervisory authority shall report to the European

the Commission, if



1. certification is requested by a company controlled by a

person or persons from a third country, if the applicant owned a

transmission networks or otherwise, is responsible for the operation and maintenance

of such a network, or



2. the Agency becomes aware of a circumstance that could lead

to a person or persons from third countries may control

over a transmission network or a transmission network operator.



Opinion of the Swedish Energy Agency



section 7 of the supervisory authority shall obtain an opinion from the State's

Energy Authority when it hears a case about certification

According to Chapter 4. Act (2011:711) for the certification of certain

natural gas companies.



Specific requirements in terms of security of energy supply



section 8 when the supervisor hears a question about certification

According to Chapter 4. Act (2011:711) for the certification of certain

natural gas undertakings, it shall take account in particular of



1. rights and obligations of the European Union

international law with regard to the third country concerned,

including agreements to which the Union is a party and which concern the security of

energy supply, and



2. Sweden's rights and obligations under the agreement

concluded with the third country concerned, to the extent the agreement is

compatible with EU law.



Publication of decisions



section 9 of the regulator's final decision in a case if the

certification according to Chapter 4. Act (2011:711) for the certification of

some natural gas undertakings shall be published together with the

The European Commission's opinion on the matter.

The supervisory authority will determine how this will be done.



Transitional provisions



2011:715



1. this Regulation shall enter into force on 1 August 2011.



2. the provisions of paragraphs 6 to 9 apply to the time from 3

March 2013.