Paragraph 2
The standard special conditions of a gas transporter licence set out in the licence under the heading “standard special conditions applicable to all NTS licensees: Part B” are amended as follows.
Omit standard special condition B1 (application and disapplication of particular licence conditions).
Omit standard special condition B2 (private collective licence modification procedure in respect of particular standard special conditions).
After standard special condition B2, insert―
“Standard Special Condition B3. Cross-border capacity
1.The licensee shall build sufficient cross-border capacity to integrate European transmission infrastructure accommodating all economically reasonable and technically feasible demands for capacity and taking into account security of gas supply. The terms used in this Condition shall have the meaning given to them by the Directive.
Condition B4. Notification of changes that may affect eligibility for certification
1.Where the licensee has made or makes an application for certification under section 8D of the Act, if at any time prior to the Authority notifying the licensee of its final certification decision under section 8F(7) of the Act the licensee knows or reasonably should know of any event or circumstance that has occurred or is likely to occur that may affect its eligibility for certification, the licensee shall as soon as reasonably practicable notify the Authority in writing of the event or circumstance and the reasons it considers that the event or circumstance may affect its eligibility for certification.
2.Where the licensee has been certified, if at any time the licensee knows or reasonably should know of any event or circumstance that has occurred or is likely to occur that may affect its eligibility for certification, the licensee shall as soon as reasonably practicable notify the Authority in writing of the event or circumstance and the reasons it considers that the event or circumstance may affect its eligibility for certification.
3.If at any time from 3 March 2013 the licensee knows or reasonably should know that any event or circumstance has occurred, or is likely to occur, that may cause the Authority to think that the licensee is or may become a person from a third country, or that a person from a third country has or may take control of the licensee, the licensee shall as soon as reasonably practicable notify the Authority in writing.
4.If at any time from the relevant date the licensee exercises or is likely to exercise any shareholder right or right of appointment in the circumstances described in section 8O of the Act, the licensee shall as soon as is reasonably practicable notify the Authority in writing of the right that has been or is likely to be exercised and the effect of exercising that right.
5.Where the licensee has been certified, by 31 July of each year following certification the licensee shall provide the Authority with a written declaration, approved by a resolution of the board of directors of the licensee and signed by a director of the licensee pursuant to that resolution, setting out:
(a)whether any event or circumstance has occurred in the previous 12 month period, or such part of that 12 month period since the licensee was certified, that may affect the licensee’s eligibility for certification, and if so, the reasons it considers that the event or circumstance may affect its eligibility for certification;
(b)whether any event or circumstance has occurred, or is likely to occur, that may cause the Authority to think that the licensee has become a person from a third country, or a person from a third country has taken control of the licensee, in the previous 12 month period or such part of that 12 month period since the licensee was certified, providing that the licensee is only required to provide a written declaration under this paragraph (b) in relation to a period that occurs after 3 March 2013; and
(c)whether the licensee has exercised any shareholder right or right of appointment in the circumstances described in section 8O of the Act in the previous 12 month period or such part of that 12 month period since the licensee was certified and if so the effect of exercising that right, providing that the licensee is only required to provide a written declaration under this paragraph (c) where it has been certified on the certification ground in section 8G(3) of the Act and in relation to a period that occurs after the relevant date.
6.In this condition:
“certified” has the same meaning as in section 8Q of the Act;
“control” has the same meaning as in section 8Q of the Act;
“person from a third country” has the same meaning as in section 8Q of the Act;
“relevant date” has the same meaning as in section 8O of the Act;
“shareholder right” has the same meaning as in section 8Q of the Act.
Condition B5. Regional Cooperation
1.If the licensee is a vertically integrated undertaking it may participate in a joint undertaking established for the purposes of facilitating regional co-operation pursuant to Article 7 of the Directive and Article 12 of the Regulation.
2.The compliance officer of the licensee appointed under Standard Special Condition A34 (Appointment of Compliance Officer) shall, in addition to the duties assigned to him under that condition, monitor compliance with a compliance programme which must be established and implemented by the joint undertaking to ensure that discrimination and anti-competitive conduct is excluded.
3.In this condition:
“vertically integrated undertaking” has the meaning given in Article 2 of the Directive. ”.