Law (2011:711) For The Certification Of Some Natural Gas Companies

Original Language Title: Lag (2011:711) om certifiering av vissa naturgasföretag

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:711

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.