Chapter 1. Introductory provisions
The scope of the law
paragraph 1 of this law provides for the certification of
transmission network operators. It is said in the law of one
the transmission network operator, applies also to the
overall responsibility to balance short-term
is maintained between entry and withdrawals of natural gas in the
Western natural gas system.
Provisions on certification can also be found in article 3 of
European Parliament and Council Regulation (EC) no 715/2009 of
13 July 2009 on conditions for access to
the natural gas transmission networks and repealing Regulation (EC)
No 1775/2005. Law (2014:247).
Definitions
section 2 of the terms and expressions used in this law have the same
meaning as in the natural gas Act (2005:403).
With the third country referred to countries outside of the European economic
area (EEA).
Supervisory and decision-making authority
section 3 of the authority that supervises to Chapter 3. 2 – 2 d § §
the natural gas Act (2005:403) is the supervisory authority in accordance with
This law.
section 4 questions about certification under this Act be reviewed by
the supervisory authority.
Chapter 2. Requirements for certification
§ 1 A transmission network operator shall not conduct
transmission of natural gas in a high-pressure pipeline or a net
mainly consisting of high-pressure pipelines without certification
According to this law. This does not apply to high pressure pipeline
mainly used in the context of local distribution of
natural gas.
Even the person who has overall responsibility for the balance
in the short term is maintained between entry and withdrawal of
natural gas in the Western natural gas system shall be
certified. Law (2014:247).
section 2 of the Certification may be granted on application by the
intends to conduct the transfer of natural gas high-pressure pipeline
or has the overall responsibility for the balance
in the short term is maintained between entry and withdrawal of
natural gas in the Western natural gas system, if the requirements of 3
Cape. 2 – 2 d of the natural gas Act (2005:403) are met.
In the case of a person from a third country, or a company
controlled by or likely to be checked by a
person or persons from third countries, required further to a
certification does not compromise the security of energy supply in the
any Member State of the European Union.
The Government or the authority that the Government may
notify additional regulations on requirements for certification when
the case of such a person or an undertaking as referred to
in the second paragraph. Law (2014:247).
Chapter 3. Certification in relation to the EEA
Linked to third countries
§ 1 If certification is requested by a person from a third country or
a company controlled by or likely to
controlled by a person or persons from a third country,
the provisions of Chapter 4. in lieu of the provisions of
This chapter.
Initial examination
2 section a question about certification will be handled promptly. If
the regulator has not announced a decision on the matter within
four months from the time a complete application came in to
authority, the authority shall be deemed to have granted certification.
A certification shall apply only from the
the regulator has announced such a final decision
referred to in paragraph 4.
A decision on the certification may be subject to conditions. These should
indicated in the decision.
paragraph 3 of the supervisory authority shall, without delay, notify a
certification in accordance with paragraph 2 of the European Commission and provide
the Commission with all relevant information about the certification process.
The final decision of the regulatory authority
paragraph 4 Of article 3(2) of Regulation (EC) no 715/2009 shows that
the supervisory authority shall adopt its final decision in the case of
certification within two months of receipt of a
opinion of the European Commission and that the decision and
the Commission's opinion shall be published together.
In a decision on the certification shall state that the decision can
may be changed or withdrawn at the request of the European
the Commission.
Review of certification
5 § certified transmission network operator shall
supervisor report the planned transactions
relevant to the assessment of whether the transmission network operator
comply with the requirements of Chapter 3. 2 – 2 d of the natural gas Act (2005:403).
section 6 supervisory authority shall review a certification
1. following notification under paragraph 5,
2. following a request from the European Commission, or
3. If there is reason to believe that a
the transmission network operator does not comply with the requirements of Chapter 3.
2 – 2 d of the natural gas Act (2005:403).
section 7 of the supervisory authority shall revoke a certification, if
the transmission network operator no longer satisfies the requirements of
Chapter 3. 2 – 2 d of the natural gas Act (2005:403).
section 8 A review case should be dealt with promptly. If
the regulator has not announced a decision on the case
within four months of notification under section 5 or an
request from the European Commission came in to the authority,
should the certification is considered to consist.
If certification is not revoked in making a determination under
the first subparagraph, the supervisory authority shall without delay notify the
this to the European Commission and provide the Commission with
all relevant information in the case.
In article 3(2) of Regulation (EC) no 715/2009 contains provisions
as regards the supervisory authority's final decision in
review the matter.
Request for information
§ 9 the European Commission and the regulatory authority may request the
that from a transmission network operator or company
engaged in the production of, or trade in natural gas to get the
information and access to the documents which they consider
needed for prerequisites for certification should be able to
be assessed.
Chapter 4. Certification in relation to third countries
Initial examination
§ 1 If certification is requested by a person from a third country or
a company controlled by or likely to
controlled by a person or persons from third countries,
the regulator should adopt a draft decision in
certification issue within four months from the time a
complete application came in to the Office.
The supervisory authority shall, without delay submit the draft
The European Commission, together with all the relevant
information in the case.
section 2 of the supervisory authority shall request an opinion from the
The European Commission on whether
1. the activities which the certification relates to meeting the requirements of
Chapter 3. 2 – 2 d of the natural gas Act (2005:403), and
2. a certification may compromise the security of energy supply
to the European Union.
The final decision of the regulatory authority
section 3 of the regulatory authority shall notify the final decision in
the issue of certification within four months from the
The European Commission has received a request pursuant to paragraph 2.
If the Commission, in preparing its opinion, request
comments from the Agency for the cooperation of
energy regulators, a Member State or interested party,
should time be six months.
In a decision on the certification shall state that the decision can
may be changed or withdrawn at the request of the European
the Commission.
section 4 of the certification will be valid from the time the supervisory authority
has announced a decision under paragraph 3.
Review of certification
paragraph 5 of The transmission network operator shall notify to the regulatory authority
report the circumstances which may lead to one or more
persons from third countries have control over
the transmission network operator or its
transmission lines.
section 6 supervisory authority shall review the certification after a
notification under § 5.
In an appeal case, paragraphs 1-3 shall apply. What
provided there if the application shall then apply mutatis mutandis to the
the case of a notification under section 5.
section 7 of the supervisory authority shall revoke a certification if
the requirements of Chapter 2. paragraph 2 are no longer fulfilled.
Chapter 5. Supervision and appeal
Supervision
§ 1 the supervisory authority supervises the
transmission network operators follow this law.
section 2 of the regulatory authority may inform the injunctions
needed for this law to be followed. An injunction may
combined with a penalty.
Appeal
section 3 of the following decisions of the regulatory authority may be appealed to the
General administrative courts:
1. refusal to grant certification under Chapter 3.,
2. decision on the conditions given in connection with the
the supervisory authority determines the matter under article 3(2) of the
Regulation (EC) no 715/2009,
3. the decision to revoke a certification under Chapter 3., and
4. pursuant to article 2 of the decision on the injunction.
Leave to appeal is required in case of appeal to the administrative law.
paragraph 4 of the decision of the supervisory authority pursuant to Chapter 4. not to grant
certification or to revoke a certification may
be appealed to the Government.
Transitional provisions
2011:711
1. this law shall enter into force on 1 August 2011.
2. the provisions of Chapter 2. section 2, second paragraph, Chapter 3. section 1,
Chapter 4. and Chapter 5. paragraph 4 is applied in cases where the application or
the notification comes in to the supervisor after the March 2
2013.
3. A transmission network operator shall continue to conduct
transmission of natural gas high-pressure pipeline to and with
end of August 2011 or, if
the transmission network operator has applied for certification before
that time, until a final decision on the issue of
certification has become final, even though the requirement in Chapter 2.
paragraph 1 is not met.
