Įeiti

Licensing of the energy resources market operator


APPROVED

by the Order No O1E- 

of the Chair of National Energy Regulatory Council

of     December 2019

 

 

DESCRIPTION OF ADMINISTRATIVE SERVICE PROVISION

OF THE NATIONAL ENERGY REGULATORY COUNCIL

 

LICENSING OF THE ENERGY RESOURCES MARKET OPERATOR

 

1.

Name of the service

Licensing of the energy resources market operator.

2.

Recipients of the service

Legal persons

 

3.

Type of the service: electronic/non-electronic service

Electronic

Non-electronic service

3.1.

Link to the e-service (if the service is electronic)

https://www.epaslaugos.lt/portal/service/29250/16020?searchId=00092134-5a65-4867-b59a-3fd7f85b89bc

3.2.

Link to the application form/forms (if the service is non-electronic)

The application form is approved by the Resolution No O3-400 of the National Control Commission for Prices and Energy of 30 November 2011 "On the Approval of the Form of the Application on Issuing, Changing, Amending a Licence, Issuing a Duplicate of the Licence, Suspending the Validity of a Licence, Annulling the Suspension of Validity of a Licence".

4.

Duration of the service provision

Within 30 days of the receipt of the necessary documents, the Council shall issue or change the licence or provide a reasoned written refusal to do so to the applying company. If not all data or documents are submitted, the time limit is counted from the date of submission of all data or documents.

5.

Price of the service

According to the list of specific state fee rates approved by the Resolution No 1458 of the Government of the Republic of Lithuania of 15 December 2000 "On the Approval of the Specific State Fee Rates and the Rules on Payment and Refund", the fixed state fee rates are paid:

Issue of the licence: EUR 709;

Renewal of the licence: EUR 709;

Change of the licence: EUR 83.

6.

Methods and procedures of payment for the service (also including the payment possibility for foreigners)

The state fee is paid to the budget revenue collection accounts of the State Tax Inspectorate under the Ministry of Finance. The payment code for services provided by the Council: 5774.

7.

Description of the service provision process

The Operator of Energy Exchange shall administer the Energy Exchange in accordance with the procedure established under the Law on the Energy Resources Market of the Republic of Lithuania and its implementing legislation and organise centralised trade in biofuels and maintaining stocks of oil products, trade in natural gas and ancillary instruments in Energy Exchange. The licence of energy exchange operator shall be issued to the person who is controlled directly by the State or indirectly, through other persons, and who meets the requirements laid down by Article 12 of the Energy Resources Market. The licence of energy exchange operator is issued for a period of 7 years. The territory of activity specified in the licence of energy exchange operator- the Republic of Lithuania. During the validity period of the licence of energy exchange operator, the energy exchange operator shall be granted with exclusive rights and obligations to perform activities specified in the licence.

A person intending to carry out the activities of the energy exchange operator shall submit to the Council an application and documents in the established form, proving the  compliance of the person with the requirements established under the Law on the  Energy Resources Market. On the basis of the documents received the Council shall take the decision on the issue of the licence.

8.

Information and documents to be provided by the person

The applicant shall submit an application in the established form and the following documents confirming the compliance of the applicant with the requirements established under the Law on the Energy Resources Market to the Council:

1. The list of the members of the applicant with more than 1/10 votes in the meeting of the members of the applicant (indicates the number of votes held by each member);

2. An explanation of the applicant of how the mandatory requirements, established under the Law on the Energy Resources Market, regarding the State's direct or indirect, through other persons, control of the energy exchange operator, are ensured and the control supporting documents;

3. The list of the members of the applicant and (or) other persons who control the applicant indirectly through the members of the applicant, and who carry out activity in the energy sector (according to the data available to the applicant, indicates the nature of their activities in the energy sector and their licences, permits or other rights to carry out activities in the energy sector as provided on the basis of legislation);

4. An explanation of the applicant regarding trade in the Energy Exchange by the members of the applicant and (or) other persons who control the applicant indirectly through the members of the applicant or confirmation that the members of the applicants and (or) other persons specified by the applicant do not conduct such trade;

5. The agreement of voting among the members of the applicant or the confirmation by the manager of the applicant that such as agreement has not been concluded;

6. An explanation of the applicant regarding the restrictions for the members of the applicant to exercise  the voting rights and (or) appoint the members of supervisory bodies of the applicant, the members of management bodies and administration and the restrictions supporting documents, certified by the stamp if it is required to possess it, and the signature of the manager;

7. Confirmation of the applicant that the members of the collegial bodies, the manager, the deputy managers and the managers of structural units of the applicant meet the impeccable reputation criteria established in the Law on Markets in Financial Instruments of the Republic of Lithuania;

8. The explanation of the applicant regarding the managerial experience of the applicant's manager (indicates his education, work experience in the field of energy, economics, finance and (or) management as well as other relevant professional information);

9. An explanation of the applicant regarding his activity in the energy sector (specifies the nature of the activity and the licences, permits or other rights to carry out activities in the energy sector as provided on the basis of legislation);

10. Other documents, data and information requested by the Council which are reasonably required to assess the compliance of the applicant with the requirements of the Law on Energy Resources Market.

11. In addition to the above-mentioned documents, together with the application, the applicant shall submit to the Council the documents referred to in the description (hereinafter-the Description) of the technological, financial and management capacity of economic operators, approved by the Resolution No. 03-6 of the National Control Commission for Prices and Energy of 29 January 2009 "On the Approval of the Description of the Procedure of Assessment of Technological, Financial and Managerial Capabilities of Energy Companies", enabling the Council to assess whether the applicant has sufficient technological, financial and managerial capacity to perform properly the licensed activities in accordance with the criteria established on the Law of Energy Resources Market.

9.

Contact information of the service provider (position, name and surname, e-mail, phone number of the responsible employee)

Specialists from the Heat Producers and Competition Division of the Heat and Water Department of the Council. Contact information is available on the website of the Council at http://www.vert.lt/lt/struktura-ir-kontaktai/kontaktai

10.

Appeal procedure against actions (inactions) of the service provider

The decisions of the Council shall be appealed in accordance with procedures and conditions laid down by the Law on Administrative Proceedings of the Republic of Lithuania.

 

11.

Contacts of organisations that can provide necessary information or practical assistance to the recipients of services (if such organisations are known)

 

12.

Legislation regulating the provision of the administrative service

1. Law on Energy Resources Market of the Republic of Lithuania;

2. Law on Energy of the Republic of Lithuania;

3.Licensing rules for energy resources market operator approved by the Resolution No 1025 by the Government of the Republic of Lithuania "On the approval of licensing rules for the energy resources market operator" of 29 August 2012.

4. Description of the assessment procedures of technological, financial and managerial capabilities of entities approved by the Resolution No O3-6 of the National Control Commission for Prices and Energy of 29 January 2009 "On the Approval of the Description of the Procedure of Assessment of Technological, Financial and Managerial Capabilities of Energy Companies";

5. The form of the application on issuing, changing, amending a licence, issuing a duplicate of the licence, suspending the validity of a licence, annulling the suspension of validity of a licence approved by the Resolution No O3-400 of the National Control Commission for Prices and Energy of 30 November 2011 "On the Approval of the Form of the Application on Issuing, Changing, Amending a Licence, Issuing a Duplicate of the Licence, Suspending the Validity of a Licence, Annulling the Suspension of Validity of a Licence".