Law (2011:710) On The Certification Of Backbone Companies In Electricity

Original Language Title: Lag (2011:710) om certifiering av stamnätsföretag för el

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:710

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.