Article
Unbundling of transmission system owners
1. A transmission system owner, where an independent sys tem operator has been appointed, which is part of a vertically integrated undertaking shall be independent at least in terms of its legal form, organisation and decision making from other activi ties not relating to transmission.
L 211/72 EN
Official Journal of the European Union 14.8.2009
2. In order to ensure the independence of the transmission sys tem owner referred to in paragraph 1, the following minimum criteria shall apply:
(a) persons responsible for the management of the transmission system owner shall not participate in company structures of the integrated electricity undertaking responsible, directly or indirectly, for the day-to-day operation of the generation, dis tribution and supply of electricity;
(b) appropriate measures shall be taken to ensure that the pro fessional interests of persons responsible for the management of the transmission system owner are taken into account in a manner that ensures that they are capable of acting indepen dently; and
(c) the transmission system owner shall establish a compliance programme, which sets out measures taken to ensure that discriminatory conduct is excluded, and ensure that obser vance of it is adequately monitored. The compliance pro gramme shall set out the specific obligations of employees to meet those objectives. An annual report, setting out the mea sures taken, shall be submitted by the person or body respon sible for monitoring the compliance programme to the regulatory authority and shall be published.
3. The Commission may adopt Guidelines to ensure full and effective compliance of the transmission system owner with para graph 2 of this Article. Those measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scru tiny referred to in Article 46(2).
