1 Cape. Introductory provisions
The scope of the law
section 1 of this Act provides for the certification of
backbone companies.
Provisions on certification can also be found in article 3 of
European Parliament and Council Regulation (EC) no 714/2009 of
13 July 2009 on conditions for access to the network for
cross-border exchanges in electricity and repealing Regulation
(EC) No 1228/2003.
Definitions
section 2 of the terms and expressions used in this law have the same
meaning as in the electricity Act (1997:857).
With the third country referred to countries outside the European economic
area (EEA).
Determining authority
paragraph 3 of the Questions on the certification under this Act be reviewed by
the power authority.
Chapter 2. Requirements for certification
1 § A backbone company may not conduct the transfer of electricity in
stack pipes without certification in accordance with this law.
section 2 of the Certification may be granted on application by the
to carry out the transfer of power in stack pipes if the requirements of 3
Cape. 1 (a) and (f) – 1 (j) §§ ellagen (1997:857) 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 that
certification does not compromise the security of energy supply in any
Member State of the European Union.
Government or authority the Government determines may
announce more detailed rules relating to the requirements for certification as
the case of such a person or company referred to
in the second paragraph.
3 Cape. Certification in relation to the European economic area
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 third countries,
the provisions of Chapter 4. in lieu of the provisions of
This chapter.
Initial examination
section 2 of the a question of certification should be treated promptly. If
the power authority has not announced a decision on the issue within four
months from the time a complete application came in to
authority, the authority shall be deemed to have granted certification.
A certification is valid only from the online authority
has announced such a final decision referred to in section 4.
paragraph 3 of the Power Authority shall without delay notify the certification
According to section 2 of the European Commission, and provide to the Commission
with all relevant information on certification.
The power authority's final decision
section 4 Of article 3(2) of Regulation (EC) no 714/2009 shows that
the power 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 power authority's
decision and the Commission's opinion shall be made public
together.
In a decision on the certification shall state that the order may
subject to change or be withdrawn at the request of the European
the Commission.
Review of certification
5 § a certified backbone enterprises to the power authority
notification of planned transactions relevant to the
determining whether it complies with the requirements of Chapter 3. 1 (a) and
1 f-1 j §§ ellagen (1997:857).
section 6 of the Power Authority should reconsider a certification
1. following a notification in accordance with section 5,
2. following a request from the European Commission, or
3. If it otherwise is reason to believe that a
backbone companies do not meet the requirements of Chapter 3. 1 (a) and 1 (f) (1) (j)
§§ ellagen (1997:857).
section 7 of the power authority shall revoke a certification, if
backbone company no longer meets the requirements set out in Chapter 3. 1 (a)
and (f) – 1 (j) §§ ellagen (1997:857).
section 8 A review case should be dealt with promptly. If
the power authority has not announced a decision on the matter within
four months from the date of the notification referred to in paragraph 5 of the or a
request from the European Commission came in to the authority,
will the certification is considered to be made up.
If certification is not revoked at an examination under
first subparagraph, shall without delay notify the power authority
to the European Commission and provide the Commission with all
relevant information on the subject.
In article 3 (2) of Regulation (EC) no 714/2009 contains provisions
that case the Agency's final decision in
review the matter.
Request for information
Article 9 of the European Commission, and the power authority may require that the
from a backbone company or an undertaking performing
production of or trade in electricity and access to obtain the information
some of the documents which they consider necessary to
the conditions for certification are to be assessed.
4 Cape. 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 should
online authority adopt a draft decision in
certification issue within four months from the date of a
complete application came in to the authority.
The power authority shall without delay send the draft
The European Commission, together with all the relevant
information on this subject.
section 2 of the Online Authority will request the opinion of the European
the Commission as to whether
1. the activities relating to certification satisfies the requirements laid down in
3 Cape. 1 (a) and (f) – 1 (j) §§ ellagen (1997:857), and
2. a certification may compromise the security of energy supply
to the European Union.
The power authority's final decision
paragraph 3 of the Power Authority will announce a final decision on the issue of
certification within four months from the date of the European
the Commission has received a request pursuant to section 2. If
the Commission, when drawing up its opinion, requires
the views of 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 order may
subject to change or be withdrawn at the request of the European
the Commission.
section 4 of the certification will be valid from the time the power authority has
announced the decision pursuant to paragraph 3 of the.
Review of certification
5 § A backbone enterprises to network authority report
circumstances that may lead to one or more persons
from third countries may control over assets the company or
the backbone.
section 6 of the Power Authority should reconsider certification after a notification
According to section 5 of.
In a review case to 1 – 3 sections apply. What
provided that if the application shall then apply mutatis mutandis in
the case of a notification in accordance with section 5.
section 7 of the power authority shall revoke a certification requirements
According to Chapter 2. section 2 are no longer fulfilled.
Chapter 5. Supervision and appeal
Supervision
1 § Online authority supervises the backbone enterprises
follow this law.
section 2 of the power authority may notify the orders as needed
that this law should be followed. An order may be subject to
VITE.
Appeal
section 3 of the following decisions of the power authority may be appealed to
General Administrative Court:
1. the decision not to grant certification under Chapter 3,
2. the decision to revoke a certification under Chapter 3, and
3. the decision notice under section 2.
Leave to appeal is required upon appeal to the cams right.
section 4 of the Power Authority's decision under Chapter 4. not to grant
certification or to revoke a certification may
be appealed to the Government.
Transitional provisions
2011:710
1. This law shall enter into force on 1 August 2011.
2. the provisions of Chapter 2. section 2 of the second paragraph, (3) Cape. section 1, 4
Cape. and Chapter 5. 4 § is applied in cases where the application or
the notification comes in to the power authority after March 2, 2013.
3. A backbone companies may continue to engage in the transfer of
El in stack pipes until the end of August 2011
or, if their company has applied for certification prior to the
time, until a final decision on the issue of
certification has become final in spite of the fact that the requirement in Chapter 2.
section 1 is not met.