Regulation (2011:714) If Certification Of Backbone Enterprises In Electricity

Original Language Title: Förordning (2011:714) om certifiering av stamnätsföretag för el

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:714

The scope of the



section 1 of this regulation provides that connects to

Act (2011:710) on the certification of backbone enterprises in electricity.



Application for certification



section 2 of the application for certification shall be made in writing and filed

to the power authority.



The application shall contain information on the



1. stack pipes for which the applicant has or has applied for

Online concession,



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 network operations,



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 electricity or natural gas

or otherwise exert 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 3 of the application pursuant to article 2 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 (1995:1145) on accounting of network operations,

also the balance sheet, income statement, notes and

management report for the last financial year is attached.



The power authority's final decision



4 § the power authority shall notify a final decision on the

certification to the European Commission. The notification shall

include a statement about the stack pipes as the certified

the company uses for the transmission of electricity.



Certification in relation to third countries



Notification to the European Commission



§ 5 the power authority shall notify the European Commission, if



1. certification is requested by a company controlled by a

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

backbones or otherwise, is responsible for the operation and maintenance of a

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 the backbone or a backbone enterprises.



Opinion of the Swedish Energy Agency



section 6 of the power authority shall obtain an opinion from the State's

Energy Authority when it hears a case about certification

According to Chapter 4. Act (2011:710) for the certification of

backbone companies in electricity.



Specific requirements in terms of security of energy supply



7 § When the power authority is trying a case of certification according to

Chapter 4. Act (2011:710) on the certification of backbone enterprises for

El, 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



§ 8 the power authority's final decision in a case if the

certification according to Chapter 4. Act (2011:710) for the certification of

backbone enterprises of electricity shall be published together with the

The European Commission's opinion on the matter. The power authority

determines how this will be done.



Transitional provisions



2011:714



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



2. the provisions of articles 5 to 8 shall apply for the period from

3 March 2013.