Seitenhistorie

In addition to the duties and powers conferred on it underparagraphs 1 and 4 of this Article, when a transmission systemoperator has been designated in accordance with Chapter IV, theregulatory authority shall be granted at least the following dutiesand powers:

(a) to issue penalties in accordance with paragraph 4(d) for discriminatory behaviour in favour of the vertically integratedundertaking;

(b) to monitor communications between the transmission system operator and the vertically integrated undertaking so asto ensure compliance of the transmission system operatorwith its obligations;

(c) to act as dispute settlement authority between the verticallyintegrated undertaking and the transmission system operator in respect of any complaint submitted pursuant toparagraph 11;

(d) to monitor commercial and financial relations includingloans between the vertically integrated undertaking and thetransmission system operator;

(e) to approve all commercial and financial agreements betweenthe vertically integrated undertaking and the transmissionsystem operator, on the condition that they comply withmarket conditions;

(f) to request justification from the vertically integrated undertaking when notified by the compliance officer in accordancewith Article 21(4). Such justification shall in particularinclude evidence to the end that no discriminatory behaviourto the advantage of the vertically integrated undertaking hasoccurred;

(g) to carry out inspections, including unannounced inspections,on the premises of the vertically integrated undertaking andthe transmission system operator; and

(h) to assign all or specific tasks of the transmission systemoperator to an independent system operator appointed inaccordance with Article 14 in case of a persistent breach bythe transmission system operator of its obligations under thisDirective, in particular in case of repeated discriminatorybehaviour to the benefit of the vertically integratedundertaking.