Art. 9 para.1 Dir 2009-72

Member States shall ensure that from 3 March 2012:

(a) each undertaking which owns a transmission system acts as a transmission system operator;

(b) the same person or persons are entitled neither:

(i) directly or indirectly to exercise control over an under­ taking performing any of the functions of generation or supply, and directly or indirectly to exercise control or exercise any right over a transmission system operator or over a transmission system; nor

(ii) directly or indirectly to exercise control over a transmis­ sion system operator or over a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the func­ tions of generation or supply;

(c) the same person or persons are not entitled to appoint mem­ bers of the supervisory board, the administrative board or bodies legally representing the undertaking, of a transmission system operator or a transmission system, and directly or indirectly to exercise control or exercise any right over an undertaking performing any of the functions of generation or supply; and

(d) the same person is not entitled to be a member of the super­ visory board, the administrative board or bodies legally rep­ resenting the undertaking, of both an undertaking performing any of the functions of generation or supply and a transmission system operator or a transmission system.