Seitenhistorie

1.    Each Member State shall designate a single national regula?
tory authority at national level.

2.    Paragraph 1 of this Article shall be without prejudice to the designation of other regulatory authorities at regional level within Member States, provided that there is one senior representative for  representation  and  contact  purposes  at  Community level within the Board of Regulators of the Agency in accordance with Article 14(1) of Regulation (EC) No 713/2009.

3.    By way of derogation from paragraph 1 of this Article, a Member State may designate regulatory authorities for small sys? tems on a geographically separate region whose consumption, in
2008, accounted for less than 3 % of the total consumption of the Member State of which it is part. That derogation shall be with? out prejudice to the appointment of one senior representative for representation and contact purposes at Community level within the  Board of  Regulators of  the  Agency in  compliance with Article 14(1) of Regulation (EC) No 713/2009.

4.    Member States shall guarantee the independence of  the regulatory authority and shall ensure that it exercises its powers impartially and transparently. For this purpose, Member States shall ensure that, when carrying out the regulatory tasks conferred upon it by this Directive and related legislation, the regulatory authority:

(a)  is legally distinct and functionally independent from  any other public or private entity;

(b)  ensures that  its staff and the  persons responsible for  its management:

(i) act independently from any market interest; and

(ii)   do not seek or take direct instructions from any govern? ment or other public or private entity when carrying out the regulatory tasks. That requirement is without preju? dice to close cooperation, as appropriate, with other rel? evant national authorities or to general policy guidelines issued by the government not related to the regulatory powers and duties under Article 41.

5.    In order  to  protect  the  independence of the  regulatory authority, Member States shall in particular ensure that:

(a)  the  regulatory authority  can take autonomous  decisions, independently from any political body, and  has separate annual budget allocations, with autonomy in the implemen? tation  of the allocated budget, and  adequate human  and financial resources to carry out its duties; and

(b)  the members of the board of the regulatory authority or, in the absence of a board, the regulatory authority’s top man? agement are appointed for a fixed term of five up to seven years, renewable once.

In regard to point (b) of the first subparagraph, Member States shall ensure an appropriate rotation scheme for the board or the top management. The members of the board or, in the absence of a board, members of the top management may be relieved from office during their term only if they no longer fulfil the conditions set out in this Article or have been guilty of misconduct under national law.

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