Art. 20 - Supervisory Body - Directive 2009-72

Article 20

Supervisory Body

1. The transmission system operator shall have a Supervisory Body which shall be in charge of taking decisions which may have a significant impact on the value of the assets of the shareholders within the transmission system operator, in particular decisions regarding the approval of the annual and longer-term financial plans, the level of indebtedness of the transmission system opera­ tor and the amount of dividends distributed to shareholders. The decisions falling under the remit of the Supervisory Body shall exclude those that are related to the day to day activities of the
transmission system operator and management of the network, and to activities necessary for the preparation of the ten-year net­ work development plan developed pursuant to Article 22.

2. The Supervisory Body shall be composed of members rep­ resenting the vertically integrated undertaking, members repre­ senting third party shareholders and, where the relevant legislation of a Member State so provides, members representing other interested parties such as employees of the transmission sys­ tem operator.

3. The first subparagraph of Article 19(2) and Article 19(3) to (7) shall apply to at least half of the members of the Supervi­ sory Body minus one.

Point (b) of the second subparagraph of Article 19(2) shall apply to all the members of the Supervisory Body.