Art. 8 para.5 Dir 2009-72

Member States shall designate an authority or a public or private body independent from electricity generation, transmis­ sion, distribution and supply activities, which may be a regula­ tory authority referred to in Article 35(1), to be responsible for the organisation, monitoring and control of the tendering proce­ dure referred to in paragraphs 1 to 4 of this Article. Where a transmission system operator is fully independent from other activities not relating to the transmission system in ownership terms, the transmission system operator may be designated as the body responsible for organising, monitoring and controlling the tendering procedure. That authority or body shall take all neces­ sary steps to ensure confidentiality of the information contained in the tenders.