Seitenhistorie

h2. Article 17

_*Assets, equipment, staff and identity*_


1.	Transmission system operators shall be equipped with all human, technical, physical and financial resources necessary for fulfilling their obligations under this Directive and carrying out the activity of electricity transmission, in particular:


(a)  assets that are necessary for the activity of electricity trans­ mission, including the transmission system, shall be owned by the transmission system operator;


(b)  personnel, necessary for the activity of electricity transmis­ sion, including the performance of all corporate tasks, shall be employed by the transmission system operator;


(c)  leasing of personnel and rendering of services, to and from any other parts of the vertically integrated undertaking shall be prohibited. A transmission system operator may, how­ ever, render services to the vertically integrated undertaking as long as:


\(i)    the provision of those services does not  discriminate between system users, is available to all system users on the same terms and conditions and does not restrict, dis­ tort or prevent competition in generation or supply; and


(ii)   the terms and conditions of the provision of those ser­
vices are approved by the regulatory authority;


(d)  without prejudice to the decisions of the Supervisory Body under Article 20, appropriate financial resources for future investment projects and/or for the replacement of existing assets shall be made available  to the transmission system operator in due time by the vertically integrated undertaking following an appropriate request from the transmission sys­ tem operator.
2.	The activity of electricity transmission shall include at least the following tasks in addition to those listed in Article 12:


(a)  the representation of the transmission system operator and contacts to third parties and the regulatory authorities;

(b)  the  representation  of  the  transmission  system  operator within  the  European  Network  of  Transmission  System Operators for Electricity (ENTSO for Electricity);


(c)  granting  and  managing  third-party  access  on  a   non\- discriminatory basis between system users or classes of sys­ tem users;


(d)  the collection of all the transmission system related charges including access charges, balancing charges for ancillary ser­ vices such as purchasing of services (balancing costs, energy for losses);


(e)  the operation, maintenance and development of a  secure, efficient and economic transmission system;


(f)     investment planning ensuring the long-term ability of  the system to meet reasonable demand and guaranteeing secu­ rity of supply;


(g)  the setting up of appropriate joint ventures, including with one   or   more   transmission   system   operators,   power exchanges, and the other relevant actors pursuing the objec­ tives to develop the creation of regional markets or to facili­ tate the liberalisation process; and


(h)  all corporate services, including legal services, accountancy and IT services.


3.	Transmission system operators shall be organised in a legal form   as   referred  to   in   Article  1   of   Council   Directive
68/151/EEC {footnote}First Council Directive 68/151/EEC of 9 March 1968 on coordination of safeguards which, for the protection of the interests of members and others, are required by Member States of companies within the meaning of the second paragraph of Article 58 of the Treaty, with a view to making such safeguards equivalent throughout the Commu­ nity (OJ L 65, 14.3.1968, p. 8).{footnote}.


4.	The transmission system operator shall not, in its corporate identity, communication, branding and premises, create confu­ sion in respect of the separate identity of the vertically integrated undertaking or any part thereof.


5.	The transmission system operator shall not share IT systems or equipment, physical premises and security access systems with any part of the vertically integrated undertaking nor use the same consultants or external contractors for IT systems or equipment, and security access systems.


6.	The accounts of transmission system operators  shall  be audited by an auditor other than the one auditing the vertically integrated undertaking or any part thereof.
\\
----
{display-footnotes}