Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
3 August 2000 [shall come
into force from 3 August 2000];
10 May 2001 [shall come into force from 1 June
2001];
17 March 2005 [shall come into force 29 June 2005];
5 June 2008 [shall come into force from 4 July
2008];
4 December 2008 [shall come into force from 1 July
2009];
12 June 2009 [shall come into force from 1 July
2009];
3 December 2009 [shall come into force from 24 December
2009];
13 May 2010 [shall come into force from 9 June
2010];
17 June 2010 [shall come into force from 8 July
2010];
17 February 2011 [shall come into force from 18 March
2011];
22 September 2011 [shall come into force from 26 October
2011];
8 November 2012 [shall come into force from 11 December
2012];
13 March 2014 [shall come into force from 26 March
2014];
11 February 2016 [shall come into force from 8 March
2016];
3 March 2016 [shall come into force from 29 March
2016].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Energy Law
Chapter I
General Provisions
Section 1.
The followingl terms are used in this Law:
1) renewable energy resources - wind, sun, geothermal,
wave, tidal, and water energy, as well as aerothermal energy
(thermal energy accumulated in the air), geothermal energy
(thermal energy located under the surface of the mainland) and
hydrothermal energy (thermal energy located in surface waters),
waste landfill site and sewage treatment plant gas and biogas,
and biomass;
2) autonomous producer - a merchant, an energy supply
merchant or a natural person which produces electricity, thermal
energy or energy required for cooling for the purpose of
consuming it for personal needs or local heating or cooling
supply needs;
3) balancing - a process organised by the system
operator, which ensures a permanent balance between the energy
input into the system and energy output from the system;
4) biological liquid heating fuel - liquid fuel
obtained from biomass, which is used for generation of
electricity or thermal energy, but is not used and is not
intended to be used as fuel in vehicles;
41) centralised cooling supply system - a
set of cooling sources, cooling transmission and distribution
networks and users of energy required for cooling that generate,
convert, transmit, distribute and consume energy required for
cooling in a co-ordinated way;
42) centralised heating supply system - a
set of heating sources, heating transmission and distribution
networks and users of thermal energy that generate, convert,
transmit, distribute and consume thermal energy in a co-ordinated
way;
5) natural gas storage facility - an aboveground or
underground object used for storage of natural gas (including
liquefied natural gas), except the parts and facilities which are
used in production and are used only by transmission system
operators;
6) security reserves - a stock of petroleum products
maintained by Latvia in a specified amount in accordance with the
requirements of Section 72 of this Law, and a stock of natural
gas maintained by Latvia in a specified amount in accordance with
the procedures laid down in Section 64, Paragraph one, Clause 3
of this Law;
7) energy supply - commercial activities to be
performed in the energy industry sector, which require a licence
or registration and which include the generation of electricity
or thermal energy, the purchase, conversion, storage,
transmission, distribution or trade in electricity, thermal
energy or natural gas, including liquefied natural gas;
8) object of an energy supply merchant - property
belonging to an energy supply merchant or in the use thereof
(buildings, constructions, plants, equipment, devices, systems,
networks, lines and accessories thereof) which is directly used
for energy supply;
9) energy supply merchant - a licensed or registered
merchant, which is engaged in energy supply;
10) energy resources - noted fuel supplies and energy
sources which may be used for the direct use or acquisition of
energy;
11) energy - goods of specified value - acquired
electricity or thermal energy, as well as natural gas (including
liquefied natural gas and biomethane);
12) a consumer of energy - a natural or legal person
who purchases and consumes a particular type of energy or fuel
from an energy supply merchant for his or her needs or uses it in
energy supply or in another type of entrepreneurial activity;
13) transmission of energy - a type of energy supply
that incorporates the transportation of energy across
high-voltage networks or high-pressure mains (except for
transportation across initial pipelines) in order to supply such
energy to the relevant distribution system or directly to users,
except for the trade in energy;
14) generation of energy - a type of energy supply that
incorporates the conversion of energy resources into energy
necessary for use, and extraction of natural gas (including
biomethane);
15) distribution of energy - a type of energy supply
that includes transportation of energy on medium and low voltage
networks or high, medium and low pressure mains, except for the
trade in energy;
16) trade in energy - type of energy supply that
incorporates the purchase selling of energy and selling to energy
users;
17) fixed payment volume contract - a contract in which
is included an agreement between the purchaser and seller that in
the case if the purchaser does not wish to receive all the volume
of the goods specified in the contract, he or she shall pay for
all of the volume of the goods specified in the contract;
18) final customer - a consumer of energy, who buys
energy for use for personal needs (final consumption);
19) owner of a gasified object - a person who has
obtained the ownership rights of a gasified object and which
complies with the definition of an owner specified in the Civil
Law or in the Immovable Property State Cadastre Law;
20) gasified object - a structure or a part thereof,
and also equipment connected to the natural gas supply
system;
21) horizontal integration - one energy supply merchant
or group of companies performing at least one of the energy
generation, transmission, distribution, trade or storage of
natural gas functions and an activity, which is not associated
with energy supply;
22) Inčukalns underground gas storage facility -
an underground or aboveground object, which is used for storage
of natural gas and which is located in the municipalities of
Krimulda, Inčukalns and Sēja;
221) individual cooling supply system - a
cooling supply system in an individual building, consisting of a
cooling equipment that cools the entire building, or of cooling
facilities used for cooling of individual rooms in the
building;
222) individual heating supply system - a
heating supply system in an individual building, consisting of a
heating equipment that heats the entire building, or of heating
facilities used for heating of individual rooms in the
building;
223) co-generation - a technological process
in which electricity and thermal energy is generated concurrently
for efficient utilisation;
224) cogeneration installation - an
installation or an aggregate of installations that is provided
for simultaneous production of electricity and thermal energy in
a single technological process. A cogeneration installation shall
not include installations that are used only for the production
of thermal energy or only for the production of electricity;
225) electricity produced in cogeneration -
electricity produced in a process that is related to production
of useful thermal energy, by carrying out the calculations in
accordance with an approved methodology;
23) fuel - petroleum and petroleum products, also
liquefied oil gas, natural gas, also liquefied natural gas and
biomethane, bituminous shale, bituminous shale gas and oil, coal,
peat, fuel wood and other biomass, including biological liquid
heating fuel, combusted for the acquisition of energy;
24) fuel security reserve - a specific stock of fuel in
the ownership of a merchant that is necessary in order to ensure
the continuous supply of energy users with the relevant type of
energy;
25) licence - a special permit issued in accordance
with the law that determines the rights and duties of an energy
supply merchant to engage in energy supply in the territorial
area of the licence;
26) area of operation of a licence - a territory
specified in the licence in which the specific energy supply
merchant and consumer of energy is entitled to operate;
27) local cooling supply - cooling supply system in the
ownership of an autonomous producer, State or local government
institutions, which ensures energy required for cooling for
personal needs and for other consumers of energy, whom the energy
required for cooling is distributed and supplied from the cooling
source with or without the distribution pipeline system;
28) local heating supply - heating supply system in the
ownership of an autonomous producer, State or local government
institutions, which ensures thermal energy for personal needs and
for other consumers of energy, whom the thermal energy is
distributed and supplied from the heating source with or without
the distribution pipeline system;
29) household customer - a final customer, who buys and
uses energy in his or her own household for personal needs (final
consumption), except for the needs of commercial activities or
other forms of professional needs;
30) independent producer - an energy supply merchant,
which generates electricity or thermal energy, but does not
perform the distribution or transmission thereof in the system in
which it is included;
31) ancillary services - all services (including
balancing, mixing and introducing of inert gases), which are
necessary in order to access transmission and distribution
networks or a distribution pipeline system, natural gas storage
facilities, liquefied natural gas facilities or to operate them,
except for such objects and facilities which are used only by
transmission system operators;
32) transmission system - an energy transmission
network or pipeline system with all the necessary energy supply
merchant objects for the performance of the transmission
function, which are used for the transportation of energy;
33) transmission system owner - a merchant having an
energy transmission system in the ownership thereof;
34) public trader - an energy trader, which has been
assigned special duties and requirements in this Law and other
laws and regulations for ensuring the performance of the duties
of a public trader;
35) distribution system - an energy distribution
network or a pipeline system with all the necessary energy supply
merchant objects for the performance of the distribution
function, which are used for the transportation of energy from
the transmission system up to the boundary of the user's energy
supply system;
36) captive consumer - a user of natural gas who
purchases natural gas at a regulated price;
37) related capital company - a capital company, in
which, in accordance with the Group of Companies Law, the energy
supply merchant has the decisive influence, or a capital company,
in which another capital company has the decisive influence, this
capital company concurrently having the decisive influence in the
energy supply merchant;
38) initial pipeline system - a pipeline or a system of
pipelines, which is used in a natural gas generation project or
for transporting natural gas from one or several such projects to
the processing undertaking or terminal, or the last coastal
terminal;
39) liquefied natural gas facility - a terminal used
for liquefying natural gas or receipt, unloading and converting
of liquefied natural gas into gaseous state, as well as the
facilities belonging thereto and temporary depositories, which
are necessary for storage of liquefied natural gas and repeat
conversion into gaseous state, as well as further supply to the
natural gas transmission system or to the energy user;
40) liquefied natural gas service - liquefaction of
natural gas or receipt, unloading, storage and conversion of
liquefied natural gas into gaseous state for further supply to
the natural gas transmission system or to the energy user;
41) mutually interconnected system - several systems,
which are mutually interconnected;
42) secondary energy resources - energy resources
resulting from any type of technological processes as a
by-product, also non-used energy in the technological process
that is suitable for further use;
43) system - transmission and distribution networks or
a pipeline system, natural gas storage facilities and liquefied
natural gas facilities, ancillary objects, articles and other
property, which are necessary for energy transmission, storage
and distribution and which are owned or used by an energy supply
merchant, (including facilities which are necessary for the
provision of ancillary services);
44) system user - a natural person or legal person, who uses
the energy transmission or distribution system or storage of
natural gas or liquefied natural gas services;
45) system operator - an energy supply merchant who
provides energy transmission, energy distribution, storage of
natural gas or liquefied natural gas services;
46) international connection - an energy transmission
line, which connects transmission systems located in separate
states;
47) direct line - a natural gas pipeline, which
connects a segregated natural gas (including biomethane)
production object or natural gas storage facility with a
segregated user;
48) network - an aggregate of lines and equipment,
which are necessary for the transportation of electricity. A
street lighting system is a separate, with an aggregate of lines
and equipment technically separated by accounting measuring
equipment, which is used for the lighting of streets, squares and
territories intended for public use and which is not used for the
transport and distribution of electricity to other energy
users;
49) trader - a merchant (including branch of a foreign
merchant), the commercial activity of which is selling of
electricity;
50) market participant - a natural gas producer, system
operator, trader or end user, who is operating in the natural gas
market according to the principle of voluntary participation;
51) vertically integrated merchant - an energy supply
merchant or group of companies, which is directly or indirectly
controlled by the same person or the same persons and which
provides at least one of the energy transmission, energy
distribution, natural gas storage or liquefied natural gas
services and is concurrently engaged in energy generation or
trade;
52) local energy resources - renewable energy resources
and fuel stocks assessed in Latvia that may be used for direct
use or the acquisition of energy;
53) provisions of a general authorisation - specific
requirements for the generation and trade in energy for an energy
producer or energy trader.
[11 February 2016; 3 March
2016]
Section 2.
This Law regulates the energy industry as the economic sector
that covers the acquisition and use of energy resources for the
production of various types of energy, the conversion, purchase,
storage, transmission, distribution, trade and use of energy.
[5 June 2008]
Section 3.
The purpose of this Law is:
1) to ensure the energy user with efficient, safe and
qualitative energy supply in the quantity demanded and for
justified prices, diversifying the types of energy resources to
be used, increasing the safety of the energy supply and observing
the environmental protection requirements;
2) to promote efficient use and balanced consumption of
energy;
3) to ensure the right of energy users to choose the type of
energy to be consumed and the merchant;
4) to promote economically justified competition;
5) to determine the procedures for the management of energy
industry and the principles for organisation and regulation of
operation of energy supply merchants;
6) to facilitate the use of local, renewable and secondary
energy resources;
7) to promote the friendly impact of energy industry on the
environment and the use of environmentally friendly
technologies.
[5 June 2008]
Section 4.
The energy policy is a part of the national economy policy and
the main principles, objectives and directions thereof shall be
determined by the Cabinet in policy planning instruments.
[5 June 2008]
Chapter
II
Licensing and Registration of Energy Supply Merchants and
Operation Thereof
[22 September
2011]
Section 5.
(1) Energy supply merchants are regulated merchants, which
ensure safe, continuous and stable supply of energy users with
electricity, thermal energy and natural gas in economically
justified quantity and quality. The operations of energy supply
merchants shall be regulated by this Law, the Law On Regulators
of Public Utilities and the Electricity Market Law.
(2) [17 March 2005]
(3) Market participants and transmission system operator, when
performing activities in the natural gas wholesale market, shall
comply with the requirements of the Regulation (EU) No 1227/2011
of the European Parliament and of the Council on wholesale energy
market integrity and transparency, including prohibition of
insider trading, prohibition of market manipulation, as well as
responsibility to provide information to the Public Utilities
Commission (hereinafter - the Regulator) and the Agency for the
Cooperation of Energy Regulators.
(4) Conformity with Regulation referred to in Paragraph three
of this Section shall be supervised by the regulator within the
scope of the competence determined thereto.
(5) Energy supply merchants shall provide information to the
regulator requested thereby regarding carrying out of the duties
laid down in this Law within the time period and in accordance
with the procedures stipulated by the regulator.
[10 May 2001; 17 March 2005; 26 May
2005; 22 September 2011; 13 March 2014; 11 February 2016]
Section 6.
(1) In the area of operation of its licence and within the
time period laid down in the licence, a system operator has a
permanent obligation to ensure for system users and applicants
access to energy transmission or distribution systems, natural
gas storage facilities or liquefied gas facilities. The system
operator shall fulfil the obligation according to the
requirements of technical regulations and safety requirements.
Within the meaning of this Paragraph safety shall mean security
of energy supply and technical safety.
(11) The system operator shall, within seven
working days, inform the regulator regarding each case when
system users and applicants have been denied access to the system
and regarding measures necessary for improving the system and
increasing its capacity.
(12) In order for a system operator to be able to
fulfil the obligations thereof to ensure that the system users
and applicants have access to the natural gas transmission or
distribution systems, natural gas storage facility or liquefied
natural gas facilities in the case when the movable or immovable
property required for fulfilling such obligations is in the
ownership of the State and its supplementation with another
movable or immovable property is impossible for the system
operator objectively, the State shall ensure the right of the
system operator to use the abovementioned movable or immovable
property for ensuring the relevant obligations.
(2) The specified obligations of a system operator shall be
retained if there is a change of shareholder (stockholder) of the
capital company, the form of commercial activity, a
reorganisation is performed or in cases where a new licence is
necessary, up to the receipt thereof.
(3) An energy supply merchant, which supplies natural gas to
captive consumers, shall sell natural gas to them in the
necessary or laid down quality and the quantity demanded
according to the tariffs laid down by the regulator, or for
tariffs which have been laid down by the relevant service
provider in accordance with the tariff calculation methodology
laid down by the regulator if a permit has been obtained from the
regulator.
(31) An energy supply merchant, which supplies
thermal energy to consumers shall sell thermal energy to them in
the necessary or laid down quality and the quantity demanded
according to the tariffs laid down by the regulator, or for
tariffs which have been laid down by the relevant service
provider in accordance with the tariff calculation methodology
laid down by the regulator if a permit has been obtained from the
regulator, except in the cases referred to in Section 49,
Paragraph one of this Law.
(4) Disputes regarding fulfilment of liabilities arising from
the duty to pay for the service received shall be examined
according to the claim procedure in a general jurisdiction
court.
[26 May 2005; 5 June 2008; 13 March 2014; 11 February
2016. See Paragraph 55 of Transitional Provisions]
Section 7.
(1) Licensing shall be performed by the regulator in
accordance with the Law On Regulators of Public Utilities.
(2) A licence for the transmission, distribution of
electricity, thermal energy and natural gas and for the storage
of natural gas, provision of liquefied natural gas services shall
be issued for 20 years, but for trade in natural gas - for five
years.
(3) An electricity producer or trader, the activities of which
must be regulated in accordance with the Law On Regulators of
Public Utilities, has the right to commence generation of or
trade in electricity, if it has been registered in the register
of electricity producers or electricity traders in accordance
with the procedures laid down in the Electricity Market Law.
(4) A thermal energy producer or trader, the activities of
which must be regulated in accordance with the Law On Regulators
of Public Utilities, has the right to commence generation of or
trade in thermal energy, if it has been registered in the
register of thermal energy producers or thermal energy traders in
accordance with the procedures laid down in this Law.
[10 May 2001; 26 May 2005; 17 February 2011; 22 September
2011; 13 March 2014; 11 February 2016. The amendment in
Paragraph two regarding deletion of the words "for trade in
natural gas - for five years" and Paragraph five shall come into
force on 10 February 2017 and will be included in the wording of
the Law as of 10 February 2017. See Paragraph 53 of Transitional
Provisions]
Section 7.1
(1) The regulator shall determine the provision of a general
authorisation for generation of thermal energy and trade in
thermal energy, which are binding to all thermal energy producers
and traders, the activities of which must be governed in
accordance with the Law On Regulators of Public Utilities.
(2) The regulator shall establish a register of thermal energy
producers and thermal energy traders and ensure public access
thereto.
(3) The regulator shall determine the information to be
included in the register of thermal energy producers and thermal
energy traders, the requirements for registration of thermal
energy producers and traders and the procedures, by which a
thermal energy producer and trader shall send a notification
regarding registration (hereinafter - the registration
notification) or a notification regarding termination of
activities, the information to be included in the registration
notification or the notification regarding termination of
activities, as well as the procedures by which a thermal energy
producer and trader shall be excluded from and re-registered in
the register of thermal energy producers or thermal energy
traders.
(4) If the provisions of the general authorisation for
generation of thermal energy or trade in thermal energy have been
violated repeatedly, the regulator may exclude the thermal energy
producer and trader from the register of thermal energy producers
or thermal energy traders. The thermal energy producer or trader
has the right to resume generation of or trade in thermal energy
not less than twelve months from the day when the thermal energy
producer or trader was excluded from the register of thermal
energy producers or thermal energy traders, if it has eliminated
the violation for which it was excluded from the register of
thermal energy producers or thermal energy traders, it has sent a
new registration notification to the regulator in accordance with
the procedures laid down in laws and regulations and it has been
re-registered in the register of thermal energy producers or
thermal energy traders in accordance with the procedures laid
down in this Law.
[22 September 2011; 13 March 2014;
11 February 2016]
Section 7.2
(1) If within a month from the day when a registration
notification was received the regulator has not informed the
submitter of the registration notification in writing regarding
refusal to register it, it shall be considered that the thermal
energy producer or trader has been registered.
(2) A registration notification shall be considered as
submitted on the day when the regulator has received all
information specified thereby. If the information indicated in
the submitted documents is insufficient or inaccurate, the
regulator is entitled to request additional information. The time
period from requesting additional information until receipt of
the requested information shall not be included in the time
period specified in Paragraph one of this Section.
(3) A thermal energy producer or trader may terminate thermal
energy production or trading if it, in accordance with the
procedures laid down in laws and regulations, has sent a
notification to the regulator regarding termination of activity
and has been excluded from the Register of Thermal Energy
Producers or Thermal Energy Traders.
[22 September 2011; 13 March
2014]
Section 8.
The licence issued to an energy supply merchant shall
specify:
1) the type of energy supply to be performed and the ensuring
of the necessary safety requirements thereof;
2) the area of operation of the licence as a geographical
territory;
3) the term of the licence;
4) the duty of the energy supply merchant to ensure and
maintain the objects (except the licence for energy trade)
necessary for the provision of energy supply;
5) [5 June 2008];
6) [13 May 2010];
7) the duty of an energy supply merchant to perform planned
development of operations thereof and to participate in the
planning, provision and development of co-ordinated and efficient
energy supply;
8) the duty of an energy supply merchant to regularly provide
the regulator with information regarding the operation thereof
and changes in energy supply.
[26 May 2005; 5 June 2008; 13 May
2010]
Section 9.
(1) Energy supply merchants shall ensure compliance with the
safety requirements prescribed and the conformity of
qualifications of employees, as well as the energy quality
conforming to technical regulations, regulator specified quality
requirements and contractual conditions in conformity with energy
quality, and the continuous operation of their objects and the
appropriate technical condition thereof up to the boundary of
energy users object ownership mutually determined.
(2) Energy users shall ensure the technical service and
maintenance of the existing network, and energy utilisation
devices and equipment, which are in the ownership, possession or
use thereof.
[26 May 2005]
Section 9.1
(1) A cogeneration plant is an aggregate of technological
equipment, structures and infrastructure, which is intended for
simultaneous production of electricity and thermal energy.
(2) A cogeneration plant shall consist of one or more
cogeneration installations, operation of which is ensured by
auxiliary installations and infrastructures for the supply of
energy resources used in production, the removal of waste gases,
the infrastructure for transfer of the produced electricity and
thermal energy and other infrastructure.
(3) Installations used only for the production of thermal
energy (for example, hot-water boilers, steam boilers) or only
for the production of electricity may be installed in a
cogeneration plant.
(4) Cogeneration installations situated at one address shall
be considered as one cogeneration plant.
(5) A small scale cogeneration plant is a cogeneration plant
with an installed electric power generation capacity that is not
greater than one megawatt.
(6) High efficiency cogeneration is a cogeneration that meets
the following criteria:
1) cogeneration production in cogeneration installations
ensures primary energy savings at least in the amount of 10
percent compared to primary energy consumption in decoupled heat
and electricity production;
2) production in small scale cogeneration plants and
micro-cogeneration units that contributes to any primary energy
savings.
[3 March 2016]
Section 9.2
(1) Useful heat shall mean heat produced in a cogeneration
installation in order to satisfy an economically justified demand
for heat, also heat traded by a merchant to a consumer of thermal
energy at a prices meeting one of the following criteria:
1) if there is only one producer of thermal energy in the
licensing zone of a heating system operator, the sales price of
thermal energy has been determined or approved by the
regulator;
2) if there is more than one producer of thermal energy in the
licensing zone of a heating system operator, the sales price of
thermal energy is not less than the fuel costs for the production
of one unit of thermal energy in a boiler room if the same type
of fuel is used as in the cogeneration installation and the net
efficiency coefficient of the heat plant is not less than 92
percent when using gas or liquid fuel, and is not less than 80
percent when using solid fuel.
(2) In the case of a vertically integrated merchant who at the
same time is engaged in production, transmission and distribution
of thermal energy, all thermal energy produced in the
cogeneration installation shall be recognised as useful thermal
energy.
(3) Thermal energy that is produced in separate hot-water
boilers or steam boilers shall not be included in the amount of
useful thermal energy.
[3 March 2016]
Section 10.
Once a year energy supply merchants shall submit a report to
the regulator regarding accomplished and planned activity, as
well as provide the regulator with information in accordance with
the Law On Regulators of Public Utilities.
[10 May 2001; 26 May 2005]
Section 11.
[22 September 2011]
Section 12.
(1) In order to ensure the purchase, generation, transmission,
storage, distribution of and trade in energy, energy supply
merchants may operate horizontally or vertically integrated or
individually, in the cases specified in laws and regulations
receiving a licence for each type of energy supply or registering
each type of energy supply.
(2) Energy supply merchants who operate horizontally or
vertically integrated, shall compile in their internal accounting
a balance sheet, profit and loss calculation and a cash flow
statement separately for each type of energy supply - similarly
as if with every type of energy supply operated a separate
merchant.
(21) Cross-subsidies, i.e., activities performed by
a merchant of natural gas supply by moving costs or other
liabilities among generation, purchase of natural gas, liquefied
natural gas service, storage, or trade in and transmission,
distribution, storage of natural gas, or commercial activity of
another type, are prohibited in the supply of natural gas.
(3) The balance sheet, profit and loss account and cash flow
statement compiled in accordance with the procedures laid down in
Paragraph two of this Section, shall be submitted by the energy
supply merchant to the regulator not later than one month after
the approval of the annual accounts in accordance with the
procedures laid down in the Annual Accounts Law and Law On
Consolidated Annual Accounts.
(4) The regulator shall determine the procedures by which an
energy supply merchant shall provide customers with public access
to the balance sheet, the profit and loss account, the cash flow
statement and other financial information drawn up in accordance
with the procedures laid down in Paragraph two of this
Section.
[10 May 2001; 26 May 2005; 22
September 2011; 13 March 2014; 11 February 2016]
Section 13.
[26 May 2005]
Section 14.
(1) [13 March 2014]
(2) In order to ensure the safe and effective operation of a
mutually interconnected system, energy supply merchants shall
exchange the necessary information, at the same time ensuring the
protection of commercial secrets.
[26 May 2005; 13 March 2014]
Section 15.
(1) Merchants who own or possess energy transmission,
distribution objects, natural gas storage facilities or liquefied
natural gas facilities shall select transmission system,
distribution system, natural gas storage or liquefied natural gas
system operators accordingly. A natural gas supply merchant may
establish a unified natural gas transmission, distribution,
storage and liquefied natural gas system operator.
(11) A system operator shall provide transmission,
distribution and natural gas storage services for the tariffs
stipulated by the regulator or for tariffs, which have been
specified by the relevant service provider in accordance with the
tariff calculation method stipulated by the regulator if a permit
has been obtained from the regulator. The regulator according to
specified procedures shall publish distribution, transmission and
storage service tariffs prior to their coming into effect.
(2) System operators shall ensure that the performance of
additional services necessary for system operation and the
fulfilment of functions of the system operator is entrusted to
applicants who may perform such additional services in the
necessary quality and for lower costs guaranteeing the safety and
stability of the operation of the system.
(3) System operators are not entitled to perform such
activities that are not directly related to their duties and may
hinder or endanger the fulfilment of such duties.
(4) System operators are not entitled to disclose commercial
information, which has become known to them in fulfilling their
duties. Energy supply merchants shall determine the contents of
commercial and confidential information by co-ordination thereof
with the regulator.
(5) A natural gas transmission, distribution and storage
system operator, as well as a liquefied natural gas system
operator who has received a request from system users or
applicants to provide information regarding access to the system
and use thereof, shall provide such information in written form
within 30 days. The system operator has the right to request from
the system users or applicants the necessary information for the
development of use regulations.
(6) A system operator is liable for the operation, service and
safety of the energy transmission or distribution system or
liquefied natural gas system, or natural gas storage facility,
system management and development in the licence operation area,
connection to other systems, as well as for the long-term
capability of the system to ensure energy transmission or
conversion, or distribution or natural gas storage according to
the demand.
(7) The regulator shall approve the regulations for the use of
natural gas transmission and storage system or the regulations
for the use of natural gas storage facility drawn up by the
natural gas transmission and storage, and also liquefied natural
gas system operator, which shall be objectively based,
economically justified, fair, equal, transparent and accessible
to all system users and applicants who request access to the
relevant system. Natural gas transmission and storage, and also
liquefied natural gas system operator shall submit proposals to
the regulator in a time period stipulated by the regulator
regarding the system use regulations or natural gas storage site
use regulations. The regulator is entitled to make changes in
these regulations.
[26 May 2005; 13 March 2014; 11
February 2016]
Section 16.
(1) [26 May 2005]
(2) An autonomous producer may also sell the surplus of
electricity or thermal energy generated also to other energy
users using services of such a system operator for payment in the
area of operation of the licence of which the generator is
located, or sell this energy surplus to the system operator.
(3) If such is permitted by the technical capabilities of the
transmission or distribution system, the system operator in the
area of operation of the licence shall provide the autonomous
producer with a possibility to transmit or distribute the surplus
of the electricity or thermal energy generated in order to sell
it to other energy users.
[26 May 2005]
Section 17.
[26 May 2005]
Chapter
III
Restrictions of Rights to the Use of Immovable Property because
of Location of Objects of an Energy Supply Merchant therein
[26 May
2005]
Section 18.
Thermal energy and gas supply equipment, as well as
electricity supply installations which are located inside
buildings and constructions and which are used only for the
supply of such buildings and constructions with thermal energy,
gas or electricity, except for control apparatus and meters
installed by the energy supply merchant, are auxiliary properties
of the main properties - such buildings and constructions, and
all expenses related thereto must be covered and burdens must be
fulfilled by the owner or possessor of the main property.
[26 May 2005]
Section 19.
(1) In accordance with Section 24 of this Law, an energy
supply merchant has the right to use any land for a single
payment to the owner thereof for the installation of new
facilities of the energy supply merchants.
(11) An energy supply merchant has a duty to
co-ordinate the installation conditions of a new energy supply
object with the owner of the land, as well as the right to
substitute the co-ordination procedure with the informing of the
owner of the land in cases, if the land is used for the
installation of a new energy supply merchant object-facility,
device, installation, network, line and the accessories thereof
if at least one of the following conditions is in effect:
1) the installation of the energy supply merchant object is
provided for in the territorial local government's spatial plan
or detailed plan;
2) the energy supply merchant object is installed within the
boundaries of red lines or public-use streets, within the
boundaries of such road, for which red lines have not been
specified, or within the boundaries of an existing protection
zone;
3) the territorial local government has found that in the
public interest the installation of the new energy supply
merchant object or the utilisation of the existing object or the
parts thereof are not possible without the utilisation of such
land;
31) the energy supply merchant object is installed
within the protection zone of an existing energy supply merchant
object and after installation thereof the width of the protection
zone increases by more than 10 per cent, taking into account that
in accordance with the procedures laid down in this Paragraph the
protection zone may be increased no more than once;
32) the energy supply merchant object to be
installed has been assigned the status of an object of national
interest and has been performed an environmental impact
assessment;
4) in other cases laid down in law.
(12) An energy supply merchant has the right to
perform the reconstruction or renovation of any of its objects,
by notifying the landowner in a timely manner thereof. The
landowner is entitled to a one-off payment in accordance with
Section 24 of this Law if, as a result of the reconstruction, the
area of the land taken up by the energy supply merchant object or
the protection zone around or along such object has increased.
The landowner may not prohibit the energy supply merchant to
carry out the works specified in this Paragraph and Section 19,
Paragraph 1.1 of this Law. If parties cannot reach
agreement on the one-time payment to be disbursed to the
landowner, the issue regarding such payment shall be solved by
court process in accordance with the procedures laid down in the
Civil Procedure Law during carrying out of works or after
completion thereof.
(2) The owner of a building may not prohibit the use of the
building's facade, the basement under the building, and the attic
areas of the building for the erection, installation, operation
and development of cables, lines and other equipment.
(3) An energy supply merchant shall warn the owner of the
immovable property regarding the installation of a new object or
the enlargement of an existing object within 30 days prior to the
commencement of work.
(4) An object of an energy supply merchant - the immovable
property necessary for the construction of buildings and
constructions, as well as for the arrangement of demarcated
territories may be alienated in accordance with the procedures
laid down in the Law On the Compulsory Alienation of Immovable
Property for State or Public Needs.
(5) The installation of facilities of the energy supply
merchant in protected nature territories shall be co-ordinated
with the State environmental protection authorities and the
administrative institution of the protected nature territory, but
in cultural monuments, protective zones thereof or cultural
heritage territories - with the State Inspection for Heritage
Protection.
(6) If new energy supply facilities are installed or existing
energy supply facilities are enhanced on land or in a residential
house, which is a multi-apartment house in joint property of the
apartment owners, such installation or enhancement shall be
co-ordinated with the owners of the apartments of the
multi-apartment house who represent more than half of all the
apartment properties.
[26 May 2005; 17 February 2011; 22
September 2011; 13 March 2014; 11 February 2016]
Section 19.1
(1) Restrictions on the right of use of immovable properties
shall be determined for the installation, reconstruction,
renovation and operation of energy supply merchant objects
(except buildings).
(2) The amount of restrictions on the right of use of
immovable properties by owners and the procedures for the use
thereof is determined in this Law and the Protection Zone Law.
Such restrictions to new energy supply merchant objects shall be
in effect from the day of installing them, in accordance with the
procedures laid down in Section 19 of this Law. If the landowner
does not co-ordinate installation of a new energy supply merchant
object, restrictions shall be specified by a court judgment in
accordance with the procedures laid down in laws and
regulations.
[22 September 2011; 11 February
2016]
Section 20.
Strategically important energy supply objects - the
underground part of underground natural gas storage facilities
(geological structure in subterranean depths) - shall be retained
as State property. These may not be used as a pledge for the
receipt of credits, except for cases when the credit is taken for
the renovation or modernisation of such facilities.
[3 August 2000; 22 September 2011;
11 February 2016]
Section 20.1
(1) Being a national economy object of State importance, the
stock company Latvenergo shall not be privatised. All stocks of
the stock company Latvenergo are the property of the State, and
they are not to be privatised or alienated.
(2) The Pļaviņu, Ķeguma and Rīga hydroelectric power plants on
the River Daugava, the Rīga 1 and 2 thermal power plants,
electricity transmission networks, and existing electricity
distribution and telecommunications networks, and equipment in
the ownership of the stock company Latvenergo may not be used as
a pledge for the provision of credit or the securing of other
liabilities, and these objects as not to be privatised property
may be transferred and be the property or in the possession of
only such a capital company where all the capital shares are the
property of the stock company Latvenergo and which may not be
privatised or alienated.
(3) If the stock company Latvenergo is reorganised, the newly
established holder of the right shall be a successor in rights
and obligations of the stock company Latvenergo and the
provisions referred to in Paragraphs one and two of this Section
shall apply thereto.
[17 March 2005]
Section 20.2
The Cabinet shall decide on setting up and transfer for use to
a licensed combined natural gas transmission and storage system
operator the subterranean part, having national significance, of
the Inčukalns Underground Gas Storage Facility for the natural
gas storage licence validity period.
[11 February 2016]
Section 21.
The operational and safety protective zones around and along
energy supply objects shall be determined in the Protective Zones
Law. Installation, and also renovation and reconstruction of new
energy supply merchant objects shall be carried out, using the
road right of way as much as possible in accordance with the
provisions of Section 18 of the Law On Motorways.
[26 May 2005; 22 September 2011; 11
February 2016]
Section 22.
Energy supply merchants shall have the right of first refusal
and pre-emption to facilities necessary for the performance of
energy supply, including buildings, constructions, systems,
devices, equipment, networks, pipelines and other facilities
which are not the property of the energy supply merchants, but
which are found on the balance sheet of the energy supply
merchant or located in the territorial area of the licence of the
relevant energy supply merchant.
[10 May 2001; 26 May 2005]
Section 23.
(1) The owner or possessor of the immovable property may not
damage or modify the energy supply objects located in his or her
immovable property, or to perform activities that would hinder
the supply of other energy users.
(11) The owner or possessor of the immovable
property may not carry out activities, which may hinder the
energy supply merchant in carrying out reconstruction, renovation
or operation of objects existing in the immovable property.
(2) The relocation of existing energy supply merchant objects
upon a justified request of an owner of the immovable property
shall be performed at the expense of the owner of the immovable
property.
(3) An owner or possessor of the immovable property shall
ensure the personnel of the energy supply merchant the
possibility to access the existing objects of the energy supply
merchant located in the relevant property, also in a restricted
area, closed territory or building, in order to perform
reconstruction, renovation to such objects or work related to the
operation thereof. The owner shall be notified regarding the
necessity for repairs or other work at least three days prior to
the commencement of such work, but in the event of an emergency
the elimination of the consequences thereof may be commenced
without prior notification of the owner, if it is not possible to
do so.
[26 May 2005; 22 September 2011; 11
February 2016]
Section 24.
(1) An energy supply merchant shall compensate losses to the
owner of immovable property that are directly related to the
installation of new objects of the energy supply merchant or
ensuring the operation and repair of the existing objects.
(11) An energy supply merchant shall compensate the
owner of immovable property for the restriction of the right of
use of land if:
1) the property is used for the installation of a new energy
supply merchant object;
2) when carrying out reconstruction of the object, the area of
land taken up by an object of the energy supply merchant or the
protection zone around or along such object shall increase.
(12) The calculation of the compensation and the
procedures for payment shall be determined by the Cabinet.
(2) If an object of the energy supply merchant is liquidated
or relocated, the immovable property shall be put in order in
conformity with the previous state thereof or the work necessary
for such order shall be compensated.
(3) A local government and an energy supply merchant may agree
to the transfer of the street lighting network into the
possession or ownership of the relevant local government.
[10 May 2001; 26 May 2005; 22
September 2011; 11 February 2016]
Section 24.1
If in accordance with the Law On Environmental Impact
Assessment an environmental impact assessment has been performed
in relation to the creation of an object of the energy supply
merchant or performance of substantial changes therein and this
object has been determined the status of a project of common
interest of the European Union in accordance with Regulation (EU)
No 347/2013 of the European Parliament and of the Council of 17
April 2013 on guidelines for trans-European energy infrastructure
and repealing Decision No 1364/2006/EC and amending Regulations
(EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009, the
Cabinet shall take a decision to accept the intended
activity.
[13 March 2014]
Chapter
IV
Electricity Generation and Transmission
[17 March 2005. See Transitional
Provisions]
Chapter V
Electricity Distribution
[17 March 2005. See Transitional
Provisions]
Chapter
VI
Access to Electricity Transmission and Distribution Systems
[17 March 2005. See Transitional
Provisions]
Chapter
VII
Trade in Electricity
[17 March 2005. See Transitional
Provisions]
Chapter
VIII
Natural Gas Supply System
[26 May 2005;
the title of the Chapter in the wording of the Law as of 22
September 2011]
Section 42.
[11 February 2016]
Section 42.1
[11 February 2016]
Section 42.2
(1) A natural gas supply energy user is entitled at his or her
own cost to install and use a direct line, which is not included
in the natural gas supply system from any mutually connected
system. Upon constructing and operating the direct line, the same
requirements as laid down in the regulations for the use of the
system or the regulations for the use of natural gas storage
facility referred to in Section 15, Paragraph seven of this Law,
approved by the regulator, must be conformed to.
(2) Energy supply merchants may perform supply to all natural
gas users, except captive consumers, using direct lines. The
regulator shall determine the criteria and procedures by which
direct lines are installed and used. A permit of a regulator is
necessary for the installation of a direct line.
[13 March 2014/ The new wording of Section shall
come into force on 3 April 2017. See Paragraph 42 of
Transitional Provisions]
Section 42.3
[11 February 2016]
Section 43.
(1) A natural gas transmission system operator in addition to
the provisions laid down in Section 15 of this Law shall
ensure:
1) the operability of the natural gas transmission system, and
the technical operation and development thereof;
2) the supply of natural gas to the distribution system in
conformity with a justified request from the natural gas
distribution system operator;
3) the management of natural gas flows in the natural gas
transmission system in conformity with the technical capabilities
of the system and in accordance with non-discriminating
conditions for receipt of natural gas from foreign states and
transportation to foreign states;
4) the localisation and elimination of potential accidents of
the natural gas transmission system in the system;
5) the development of the transmission system, taking into
account cross-border natural gas systems and their capacities,
safety of natural gas supply and the feasibility study of
connecting the systems;
6) the provision of the necessary system to other transmission
and distribution system operators, natural gas improvement system
operators and liquefied natural gas system operators so that
transmission, distribution and storage of natural gas could be
performed without endangering safe and efficient operation of
interconnected systems.
(2) [11 February 2016]
(3) [11 February 2016]
[13 March 2014; 11 February 2016. See Paragraph 55
of Transitional Provisions]
Section 43.1
(1) A natural gas transmission system operator shall prepare a
transmission system and consumption conformity and State natural
gas supply safety evaluation report for a time period up to 10
years. The evaluation report shall include at least a natural gas
demand forecast for a 10-year period, supply and consumption
conformity evaluation for the accounting period and forecast for
a 10-year period, information regarding the conformity of the
transmission system to demand and the maintenance quality
thereof, as well as information regarding transmission capacity
to be constructed and planned and measures, which shall be
implemented in the case of maximum demand and in the case of one
or more supplier short-fall.
(2) The transmission system operator evaluation report shall
be submitted annually to the Ministry and the Regulator. The
Cabinet shall determine the procedures by which the transmission
system operator develops and submits to the Ministry and the
Regulator the evaluation report, and the requirements in relation
to the contents of the evaluation report.
(3) For the preparation of the evaluation report, the natural
gas transmission system operator is entitled to request and
receive necessary information from all the natural gas
distribution system and storage system operators, as well as
liquefied natural gas system operators.
[13 March 2014]
Section 44.
(1) A natural gas storage system operator and a liquefied
natural gas system operator in addition to the provisions laid
down in Section 15 of this Law shall:
1) ensure operability, technical operation and development of
the system in order to perform the pumping in, storage and
offloading of natural gas in conformity with technical
capabilities;
2) store the reserves of natural gas belonging to individual
energy users at the expense of such users if this is permitted by
the technical capabilities of the natural gas storage
facility;
3) not discriminate users of the natural gas storage facility,
particularly in favour of its related capital companies;
4) ensure information necessary to other natural gas storage
system operators, liquefied natural gas system operators, natural
gas transmission system operators and natural gas distribution
system operators so that transmission and storage of natural gas
could be performed without endangering a safe and efficient
operation of interconnected systems;
5) provide information to system users, which is necessary in
order to efficiently access the natural gas storage facility;
6) upon procuring natural gas for the performance of its
functions, conform to transparent and non-discriminating market
procedures;
7) organise the localisation and liquidation of potential
accidents at a natural gas storage facility.
(2) The Cabinet shall prescribe the procedures for assessing
and taking a decision on whether access to natural gas storage
facilities (except for Inčukalns Underground Gas Storage
Facility) is technically and economically justified, in order to
ensure effective access to the system for the supply needs of
users and receipt of ancillary services.
(3) For natural gas storage facilities, in respect of which a
decision has been taken, pursuant to the procedure referred to in
Paragraph two of this Section, regarding technical or economical
necessity of access, the access mode shall be organised by way of
a negotiation procedure or regulated procedure.
(4) The regulator shall prescribe and publish criteria
according to which a natural gas storage system operator and
liquefied natural gas system operator shall determine which
access mode to the natural gas storage facility - either
negotiation procedure or regulated procedure - shall be used. The
Regulator shall monitor a correct application of the referred to
criteria.
(5) The natural gas storage system operator and the liquefied
natural gas system operator shall publish information regarding
which natural gas storage facility or its part is offered for
access to the third parties and to which natural gas storage
facility or its part a negotiation procedure or regulated
procedure is applied. A combined natural gas transmission and
storage system operator shall publish information regarding which
part of the Inčukalns underground gas storage facility is offered
for access to the third parties.
(6) If an access mode applied to a natural gas storage
facility is a negotiation procedure, the natural gas storage
system operator and liquefied natural gas system operator shall
agree in good faith with the system user regarding access to the
natural gas storage facility and conclude the relevant
contract.
(7) If an access mode applied to a natural gas storage
facility is a regulated procedure, the natural gas storage system
operator and liquefied natural gas system operator shall ensure
access to the natural gas storage facility according to the
tariffs specified pursuant to the procedure of Section 15,
Paragraph 1.1 of this Law.
(8) Access to the Inčukalns Underground Gas Storage Facility
shall be organised by way of a regulated procedure according to
the tariffs laid down in accordance with the procedures laid down
in Section 15, Paragraph 1.1 of this Law.
(9) Natural gas supply merchants and system users shall enter
into a contract with the combined natural gas transmission and
storage system operator, respective natural gas storage system
operator and the liquefied natural gas system operator regarding
access to the natural gas storage facility and other ancillary
services.
(10) A natural gas storage system operator, combined natural
gas transmission and storage system operator, as well as a
liquefied natural gas system operator, in accordance with the
regulations for the use of a natural gas storage facility
referred to in Section 15, Paragraph seven of this Law, approved
by the Regulator, shall once a year publish the conditions for
the use of natural gas storage facility services and ancillary
services.
(11) When developing conditions for access to natural gas
storage facilities, a natural gas storage system operator,
combined natural gas transmission and storage system operator,
and also a liquefied natural gas system operator, shall consult
with the system users.
(12) The requirements of this Section in relation to access
shall not apply to such ancillary services or temporary storage,
which are related to liquefied natural gas facilities and are
necessary for repeat conversion of liquefied natural gas and
delivery to the transmission system.
[11 February 2016]
Section 45.
(1) In addition to the provisions laid down in Section 15 of
this Law, a natural gas distribution system operator shall be
responsible for:
1) the operability of the natural gas distribution system, and
the technical operation and the development thereof;
2) the receipt of natural gas from a natural gas transmission
system operator and transportation to energy users;
3) the localisation and elimination of potential accidents in
the natural gas distribution system and emergency service;
4) the provision of information to energy users regarding
conditions to be complied with in order to connect to the gas
distribution system or the use thereof.
(11) A natural gas distribution system operator may
participate in the trade in natural gas, if it ensures the supply
of last resort or if the purchase and sale of the natural gas is
required to cover the natural gas losses in the distribution
system or for the consumption by the natural gas distribution
system operator itself.
(2) If a natural gas distribution system operator is in the
structure of a vertically integrated energy supply merchant, such
operator shall be a separate capital company with the status of
an independent legal person and decoupled from natural gas
production, transmission, storage and liquefied natural gas
service provision and trading activities, and it shall ensure in
its communication and brand formation that its identity is
decoupled from the identity of the trading structure of the
vertically integrated natural gas supply merchant.
(3) To ensure the independence of the natural gas distribution
system operator referred to in Paragraph two of this Section, the
following conditions shall be observed:
1) persons who are responsible for the management of the
natural gas distribution system operator may not become involved
in the structures of a vertically integrated natural gas
merchant, which directly or indirectly are responsible for
natural gas production, transmission, storage, liquefied natural
gas service provision and trade;
2) appropriate measures shall be performed in order to ensure
that persons, who are responsible for the management of the
natural gas distribution system operator may act
independently;
3) the natural gas distribution system operator has the right
to take decisions independently of the vertically integrated
energy supply merchant in relation to assets, which are needed
for the operation, maintenance or development of the natural gas
distribution network. This shall not prohibit the vertically
integrated energy supply merchant from establishing relevant
co-ordination mechanisms in order to ensure the protection of the
economic rights of the dominant merchant in relation to the
return on the existing assets at the disposal of dependent
merchants;
4) the natural gas distribution system operator shall draw up
a conformity programme in which duties of specific employees are
determined, as well as such measures are determined, which should
be taken in order to prevent discriminatory actions, and which
ensure appropriate control over introduction of the
abovementioned programme. The natural gas distribution system
operator shall appoint a person or determine a structural unit
which is responsible for the control of the implementation of the
conformity programme, and shall submit, on an annual basis, a
report to the regulator regarding the measures taken and publish
such report. After evaluation of the report the regulator shall
provide an opinion on sufficiency of the measures taken for
ensuring independence. The natural gas distribution system
operator shall eliminate the deficiencies indicated in the
opinion of the regulator within the time period stipulated by the
regulator.
(4) The requirements of Paragraph two of this Section shall
not be applicable to integrated natural gas distribution system
operators, which provide system services to less than 100 000
users.
(5) The regulator shall determine what documents and
information should be submitted in order to confirm conformity
with the requirements of Paragraph three of this Section.
(6) The regulator shall determine the procedures for
submitting, publishing and evaluating the report referred to in
Paragraph three, Clause 5 of this Section.
(7) The overlapping of the licence operation areas of
distribution system operators is not allowed.
(8) The tariffs for distribution system services within one
licence operation area shall not depend on the distance between
the location of the connection of the gasified object to the
distribution system and the location of the distribution system
interconnection with the transmission system.
[13 March 2014; 11 February 2016/ Paragraphs
1.1, two, three, four, five and six shall come into
force on 1 January 2018. See Paragraph 31 of Transitional
Provisions]
Section 45.1
[11 February 2016]
Section 45.2
(1) Balancing of the natural gas supply system shall be
ensured by the natural gas transmission system operator. The
natural gas transmission system operator shall provide energy
users who have a direct connection to the natural gas
transmission system, and natural gas distribution system
operators with balancing services. The relevant natural gas
distribution system operator shall provide energy users who have
a direct connection to the natural gas distribution system, and
other natural gas distribution system operators with balancing
services.
(2) Each user who is a market participant and each natural gas
distribution system operator shall enter into a contract with the
relevant natural gas system operator regarding the supply of
balance natural gas, ensuring a balance between the energy input
into the system and energy consumption at any time.
(3) Natural gas distribution system operators shall perform
balancing calculation in accordance with regulations developed by
the system operator and approved by the regulator in a
transparent way and shall not permit discrimination in relation
to all recipients of balancing services. Energy users, who are
market participants, and distribution system operators have a
duty to pay for the balancing service the specification of the
supply volume of which is based upon the data of the natural gas
transmission and distribution operators.
(4) The balancing calculations shall be performed on the basis
of the natural gas supply accounting transactions performed in a
specific time period in order to specify the balancing volume of
natural gas. The balancing calculations shall be accessible to
the market participants involved in the transactions without
violating the protection of commercial secrets.
(5) An energy user shall provide the natural gas system
operator with information that is justifiably necessary for the
maintenance of balancing and for the performance of
calculations.
(6) In order to ensure payments for balancing services, the
natural gas system operator may request from energy users
guarantees in accordance with criteria and procedures for
requesting such guarantees developed by the system operator and
approved by the regulator.
[22 September 2011 See Paragraph 15 of Transitional
Provisions]
Section 45.3
(1) If a vertically integrated energy supply merchant has
encountered or considers that it will encounter serious economic
and financial difficulties in relation to the fixed payment
volume contractual obligations, which it has undertaken in one or
more natural gas purchase contracts, such merchant may submit an
application to the Regulator for the granting of temporary
derogation from the duties laid down in Section 6, Paragraph one
and Section 110, Paragraph one of this Law. The application shall
be submitted without delay - immediately after the refusal of
access. The merchant shall append to the application all
necessary information, which substantiates and characterises the
economic and financial hardships in relation to the fixed payment
volume contractual obligations, as well his or her efforts to
resolve them. The regulator in accordance with the procedures
laid down in law shall evaluate the application submitted by the
merchant and, if no other solution is possible, shall grant the
temporary derogation. The regulator may not grant a temporary
derogation if the volume of sold natural gas of the merchant is
not less than the volume of purchased natural gas specified in
the fixed payment volume contracts or if the relevant natural gas
purchase fixed payment volume contract may be adjusted. In taking
a decision to grant derogation, the regulator shall take into
account the following criteria:
1) the necessity to fulfil the provision of public service
obligations and to guarantee the security of natural gas
supply;
2) the status of the merchant in the natural gas market and
the competition circumstances in such market;
3) the amount of economic and financial hardship, which has
been encountered by the merchant or energy users;
4) the date of signing and the operational time periods of the
fixed payment volume in one or more contracts, and to what degree
they permit the forecasting of changes in the natural gas
market;
5) the efforts of the merchant to resolve the problem;
6) whether and to what degree the merchant, taking into
account all the circumstances and the existing situation was able
to foresee the emergence of serious financial and economic
hardships, when undertaking the fixed payment volume contractual
obligations;
7) the level of connection of the relevant system with other
systems and the mutual interoperability of such systems;
8) the impact the granting of derogation will have upon the
uninterrupted operation of the European Union internal natural
gas market and the facilitation of competition therein, as well
as the purchase of natural gas alternatives for the merchant in
the European Union internal natural gas market and outside of
it.
(2) The regulator may not recognise the existence of the
financial and economic hardships of the merchant if the volume of
natural gas sold by the merchant is not less than the volume of
purchased natural gas specified in the fixed payment volume
contracts or if the relevant natural gas purchase fixed payment
volume contract may be adjusted.
(3) An energy supply merchant may submit an application to the
Regulator for the granting of a temporary derogation from the
application of the duties laid down in Section 6, Paragraph one
and Section 110, Paragraph one of this Law to:
1) new international connections and new natural gas storage
sites; and
2) existing international connections and natural gas storage
sites if the capacity thereof is significantly increased, as a
result of which new gas supply sources are developed.
(4) The regulator may take a decision to grant derogation
if:
1) the investments performed improve competition and the
security of supply in the field of natural gas supply;
2) the investments would not be performed if a derogation were
not granted;
3) the international connections and natural gas storage sites
are owned by such a person, who at least legally is separated
from the system operators in which system they shall be
installed;
4) the international connection and natural gas storage site
users pay for the utilisation thereof.
[22 September 2011; 11 February
2016]
Chapter
IX
Heating Supply and Cooling Supply System
[3 March
2016]
Section 46.
(1) Heating supply shall be performed by energy supply
merchants for the provision of energy users with thermal energy
for the heating of buildings and structures, ventilation (air
conditioning) and preparation of hot water to energy users in an
optimum way, taking into account the provisions of economic,
social, environmental protection and the protection of cultural
monuments. The procedures by which the energy supply merchants
supply and energy users use the thermal energy and the cases when
an energy supply merchant may interrupt the provision of energy
supply services for separate energy users shall be determined by
the Cabinet.
(2) Heating supply or cooling supply may be ensured using a
centralised heating supply or cooling supply system, individual
heating supply or cooling supply system or local heating supply
or cooling supply.
(3) [3 March 2016]
(4) An autonomous producer of thermal energy shall not be a
heating supply transmission and distribution merchant subject to
licensing.
(5) The Cabinet shall determine the procedures for the
calculation of savings of primary energy produced by cogeneration
plants and regulations laying down energy efficiency requirements
for centralised heating supply systems in the possession of a
licensed or registered energy supply merchant, and the procedures
for conformity examination thereof.
[26 May 2005; 5 June 2008; 3 March
2016]
Section 46.1
(1) Thermal energy shall be supplied to a user in accordance
with the procedures laid down in Section 46, Paragraph one of
this Law and in accordance with the contract entered into by and
between the energy supply merchant and the energy user regarding
the supply of thermal energy (hereinafter - the contract). If a
contract has not been entered into, it is prohibited to use
thermal energy.
(2) The energy user shall notify the energy supply merchant
regarding termination of the contract at least 30 days in advance
and settle accounts for the thermal energy used.
(3) If the energy supply merchant determines that the energy
user has violated the Cabinet regulations regarding the supply
and use of thermal energy or the contract regarding the supply of
thermal energy, but the energy supply merchant has provided the
parameters of heat carrier on the proprietary border, the energy
user shall pay compensation to the energy supply merchant. The
Cabinet shall determine the amount of the compensation and the
procedures for calculation thereof, as well as the cases when the
compensation shall be calculated.
(4) The energy supply merchant, due to the fault of which the
specified amount of thermal energy has not been supplied, shall
refund the value of the amount of non-supplied thermal
energy.
[5 June 2008]
Section 47.
(1) Centralised heating supply may be performed by one
vertically integrated energy supply merchant. A centralised
heating supply operator shall be established in systems, which
have several generators of thermal energy at least one of which
is the independent generator.
(2) Functions of the heating supply system operator may be
fulfilled by a vertically integrated merchant, which performs
mutually separate generation, transmission and distribution of
thermal energy.
[26 May 2005]
Section 48.
The thermal energy supply system operator shall purchase
thermal energy in the area of operation of the licence thereof
from thermal energy generators including independent generators,
provide safe and qualitative heating supply to users of heating
supply. For such purpose the system operator shall establish an
optimum operational management structure for the system.
Section 49.
(1) Several generators of thermal energy may operate in the
area of operation of the licence of one thermal energy supply
system operator and such generators have the right to offer to
the system operator to purchase the thermal energy generated by
them for agreement price.
(2) A system operator entering into contracts regarding the
purchase of thermal energy from generators or refusing to enter
into them shall act in accordance with the following criteria of
the economic gradual approach:
1) the price of the thermal energy offered and conditions for
payment;
2) costs of thermal energy transmission;
3) conformity of the thermal energy generation regime to the
consumption regime;
4) conformity of thermal energy offered with the technical
characteristics specified by the system operator.
[13 May 2010]
Section 50.
Owners of buildings and constructions have the right to select
the most advantageous way of heating supply.
[10 May 2001]
Section 51.
(1) Local governments when performing their permanent
functions as prescribed by law shall organise heating supply in
the administrative territory thereof, as well as promote the
energy performance and competition in the heating supply and fuel
market.
(2) Local governments may, within the scope of the development
plan of their administrative territory, specify the development
of heating supply, and issuing binding regulations, and taking
into account the provisions of the environmental protection and
the protection of cultural monuments, as well as the
possibilities to use local energy resources and co-generation and
evaluating the safety of heating supply and long-term marginal
costs.
[5 June 2008; 13 May 2010]
Section 52.
The connection of structures and buildings to the centralised
heating supply system or disconnection therefrom may not disturb
other users of this system from receiving heating.
[5 June 2008]
Chapter X
Increase of Energy Efficiency
Section 53.
[10 May 2001]
Section 54.
Energy supply merchants upon commencement of the construction
or installation of new facilities as well as enlargement of the
existing facilities shall use or install only such equipment,
devices and installations used in energy supply that comply with
the requirements for energy efficiency, quality and safety.
[26 May 2005]
Section 55.
Energy users shall arrange or install such energy consuming
equipment or devices that comply with quality and safety
requirements.
Section 56.
(1) The technical documentation of energy consuming equipment
shall indicate the consumption of energy of such equipment in
typical conditions of use.
(2) The energy efficiency of energy consuming equipment to be
placed on the market shall be indicated on a special label
regarding technical characteristics.
(3) The compliance of energy efficiency of energy consuming
equipment with the requirements shall be approved by the
conformity certificate thereof.
Section 57.
[3 March 2016]
Section 58.
[3 March 2016]
Chapter
XI
Energy Crisis
Section 59.
An energy crisis is periods declared in accordance with the
procedures prescribed by law when the supply of energy or fuel to
energy supply merchants or energy users is threatened or
disturbed in such amount that energy supply merchants cannot
forecast and eliminate such threats or disturbances by means of
economic activity methods.
[26 May 2005]
Section 60.
(1) A national energy crisis shall be declared in cases when
the energy supply is disturbed in such amount that may threaten
the safety, health of inhabitants and activity of other economic
sectors, and such disturbances cover a territory in which the
number of inhabitants exceeds the one third of the number of
State population or which covers more than a half of the national
territory.
(2) A national energy crisis shall be declared by the Cabinet
upon a request from the minister responsible for the energy
industry.
Section 61.
A system operator and an energy supply merchant, which
provides thermal supply services, have a duty to notify the local
government - republic city or municipality council - regarding
disturbances of energy supply to the users in the administrative
territory of the local government or the possibility thereof.
[22 September 2011]
Section 62.
(1) Declaration of a local energy crisis shall be proposed by
the chairperson of a republic city or county council in cases
when energy supply is disturbed to the extent that may threaten
the safety and health of residents and the activity of economic
sectors in a specific demarcated territory which matches with the
administrative territory of the local government.
(2) A local energy crisis shall be declared by the relevant
local government - republic city or county council the
administrative territory of which is affected by the energy
crisis.
(3) The chairperson of a republic city or county council shall
notify the local governments and the ministers responsible for
the energy industry without delay regarding the declaration of a
local energy crisis.
[26 May 2005; 4 December 2008]
Section 63.
[22 September 2011]
Section 64.
(1) The Cabinet shall determine the procedures by which energy
users shall be supplied with energy during the declared crisis.
These procedures shall provide:
1) restrictions on energy consumption and priorities to
individual groups of energy users;
2) procedures for utilisation of the fuel security reserve and
security reserves in energy supply merchants to provide, as far
as possible, a consumer of energy with a continuous supply of
energy;
3) procedures for formation and utilisation of the natural gas
security reserve in order to provide, as far as possible, a
consumer of natural gas with a continuous supply of natural
gas.
(2) Procedures by which energy users shall be supplied with
energy after the declaration of a national energy crisis
determined by the Cabinet shall be implemented by relevant system
operators and the State Energy Crisis Centre in relation to all
energy supply merchants, as well as to merchants to which
licences for the performance of commercial activities related to
fuel have been issued in accordance with procedures determined by
the Cabinet.
(3) Procedures prescribed in Paragraph one of this Section
shall be in force also during a declared local energy crisis and
they shall be applied to the relevant system operators and local
government energy crisis centres in order to ensure supply to
energy users of electricity and gas in the administrative
territory of the relevant local government.
[26 May 2005; 17 June 2010; 11
February 2016]
Section 65.
(1) Cabinet regulations shall regulate uniform procedures for
the activities and competence of the State Energy Crisis
Centre.
(2) The Cabinet shall establish the State Energy Crisis
Centre.
[10 May 2001]
Section 66.
[10 May 2001]
Section 67.
(1) After the situation in the energy industry has returned to
normality and stability and safety of energy supplies have been
renewed the minister responsible for the energy industry shall
recommend to the Cabinet the revocation of the national energy
crisis.
(2) A national energy crisis shall be revoked by the
Cabinet.
Section 68.
[10 May 2001]
Section 69.
(1) During a local energy crisis the relevant local government
shall determine the procedures by which energy users shall be
supplied with electricity, thermal energy and liquefied petroleum
gas in the administrative territory of such local government.
These procedures shall provide:
1) restrictions on the consumption of electricity, thermal
energy and liquefied petroleum gas and priorities to individual
groups of energy users in the administrative territory of the
relevant local government;
2) procedures for utilisation of the fuel security reserve in
energy supply merchants which have a duty to supply energy users
with necessary thermal energy and liquefied petroleum gas in the
administrative territory of the relevant local government.
(2) Procedures determined by a local government by which
energy users shall be supplied with thermal energy and liquefied
petroleum gas after the declaration of a local energy crisis
shall be implemented by the relevant system operator and the
energy crisis centre of the relevant local government in
co-operation with the regulator in relation to all energy supply
merchants, as well as to merchants to which licences for
performance of commercial activities related to fuel have been
issued in accordance with the procedures stipulated by the
Cabinet, if they perform such commercial activities in the
administrative territory of the relevant government.
(3) A local government shall perform measures related to the
management and prevention of the local energy crisis using funds
from their own budget.
[26 May 2005; 22 September
2011]
Section 70.
(1) A republic city or county council shall establish a local
government energy crisis centre, and the persons included in the
centre shall be convened by the chairperson of the republic city
or county council not later than within four hours after the
declaration of the local energy crisis.
(2) Several local governments, which are concurrently affected
by the energy crisis may co-ordinate the operation of such local
government energy crisis centres or establish a single local
government energy crisis centre where the persons included
therein shall be convened by common agreement of chairpersons of
the relevant local government republic city or county council
inviting the responsible officials of local governments,
environmental protection specialists and representatives of
energy supply merchants.
[26 May 2005; 4 December 2008]
Section 71.
(1) The Cabinet and local governments may in accordance with
the procedures according to which energy users are to be supplied
with energy during a declared energy crisis, restrict the
obligations of energy supply merchants to supply energy to all
energy users in the area of operation of the licence thereof, as
well as the fulfilment of contractual obligations of energy
supply merchants and energy users in relation to the supply of
energy.
(2) Energy supply merchants shall not be liable for losses
caused to energy users during the declared energy crisis.
(3) During a State energy crisis, the electricity transmission
system operator has the right to give orders to electricity
producers regarding the technical possibility limits of changes
to the generation capacity or the complete suspension
thereof.
[26 May 2005]
Section 72.
(1) The Cabinet shall determine the procedures by which
merchants shall ensure and provide security reserve services for
the establishment of state petroleum product reserves in a
specified amount in order to ensure the supply of petroleum
products during periods of energy crisis.
(2) Once a year, until 1 June of the current year, the
Ministry of Economics shall announce open tenders for the
ensuring and provision of the security reserve service referred
to in Paragraph one of this Section.
[17 June 2010; 17 February 2011; 8
November 2012; 3 March 2016]
Section 72.1
The functions of the Central Structure for the Maintenance of
Reserves (CSMR) shall be performed by the Ministry of Economics.
The functions of the Structure shall be as follows:
1) to procure the service referred to in Section 72, Paragraph
one of this Law, observing the requirements referred to in this
Law and in the Public Procurement Law;
2) to administrate the service referred to in Section 72,
Paragraph one of this Law;
3) to administrate the State fee for the maintenance of the
security reserves specified in Section 72 of this Law.
[17 June 2010; 17 February
2011]
Section 72.2
The Cabinet shall determine the procedures in accordance with
which merchants, which have been issued a special permit
(licence) for retail trade with petroleum products, shall provide
information regarding the retail prices of fuel.
[5 June 2008; 3 March 2016]
Section 72.3
A State fee shall be paid for the maintenance of the security
reserves referred to in Section 72 of this Law. It shall be paid
by merchants who have received a special authorisation (licence)
for the activity of an approved tax warehousekeeper, merchants
who have received a special authorisation (licence) for the
activity of a registered consignee, merchants who have received a
special authorisation (licence) for the wholesale trade in fuel
and merchants who have received a special authorisation (licence)
for the retail trade in fuel. Other merchants shall pay the State
fee for the amount of the petroleum products which they bring in
from a European Union Member State or import from a third country
for personal consumption. The amount of the State petroleum
product reserves, as well as the amount of the State fee and the
procedures for calculation, payment and administration thereof
shall be determined by the Cabinet.
[17 June 2010; 17 February 2011; 3
March 2016]
Section 72.4
The Ministry of Economics shall cover the expenses necessary
for fulfilling the functions referred to in Section
72.1 of this Law from the revenue from State fees
received for the maintenance of security reserves. The State fee
for the maintenance of security reserves shall be paid into the
State basic budget.
[17 June 2010]
Section 73.
The Cabinet shall determine the procedures in accordance with
which the energy supply merchants, merchants ensuring and
providing the security reserve service and merchants to which
licences have been issued in accordance with the procedures laid
down by the Cabinet for the performance of commercial activities
related to petroleum products shall sell heating fuel belonging
to them upon request from the State or local government energy
crisis centres during the declared energy crisis.
[26 May 2005; 17 February 2011; 3
March 2016]
Section 74.
The Cabinet shall determine the procedures in accordance with
which the compilation and evaluation of necessary information is
performed in order to ensure the optimal balance of energy
consumption, energy crisis rectification planning, elimination
and overcoming of the consequences of the crisis.
Section 75.
The procedures in accordance with which the energy supply to
energy users is carried out in an exceptional situation or
extraordinary circumstances shall be laid down in other laws.
Chapter
XII
Energy Industry Management
Section 76.
(1) Management of the energy industry shall be carried out by
the Cabinet and the Ministry of Economics and the Minister
responsible for the energy industry shall implement it.
(2) The Cabinet shall determine the procedures by which new
supply merchant objects shall be installed.
(3) The organisational, technical and safety requirements for
the operation of energy supply objects shall be determined in
energy standards. The energy standards of mandatory application
shall be approved by the Cabinet.
[26 May 2005; 13 May 2010; 22
September 2011]
Section 77.
(1) The Minister responsible for the energy industry shall
perform the following functions:
1) [10 May 2001]
2) [17 March 2005];
3) [17 March 2005];
4) manage the development of draft laws and regulations for
the implementation of the national energy policy;
5) promote the efficient and economic utilisation of energy
resources supplied to energy users;
6) promote the attraction of investments to the energy
industry, and also to the renovation and construction of the
facilities of energy supply merchants.
(2) The Minister responsible for the energy industry has the
right to request and to receive, without hindrance, the
information he or she requires from the regulator and energy
supply merchants.
[10 May 2001; 17 March 2005; 26 May
2005; 11 February 2016]
Section 78.
[10 May 2001]
Section 79.
[17 March 2005. See Transitional Provisions]
Section 80.
[17 March 2005. See Transitional Provisions]
Section 81.
When planning the development of energy supply in their
administrative territories, local governments may propose the
horizontal integration of energy supply merchants and the
consolidation of merchants into a joint merchant if this reduces
the prospective marginal costs of energy supply, improves the
safety and the quality of supply to energy users and the
operation of the energy distribution system.
[26 May 2005]
Section 82.
(1) Control of the operation of facilities of energy supply
merchants - the performers of the production, transmission,
distribution of thermal energy or electricity, or of the
transmission, distribution or storage of natural gas - shall be
performed by the Public Utilities Commission, which has the
following duties:
1) to control inspections of the operation of the facilities
of energy supply merchants and appropriate and timely performance
thereof;
2) to perform the control and supervision of the fulfilment of
and conformity with the requirements for electricity, thermal
energy and gas quality;
3) to participate in the clarification of the causes of
accidents in electricity, thermal energy and gas supply systems
and in the work of the commission for investigation of accidents
in facilities of energy supply merchants in the cases specified
by laws and regulations.
(2) Within the scope of its competence the Public Utilities
Commission shall draw up reports of administrative violations,
apply administrative sanctions, as well as completely or partly
suspend the operation of the equipment and installations located
in the facilities of energy supply merchants in accordance with
the laws and laws and regulations of the energy sector.
(3) [5 June 2008]
[26 May 2005; 5 June 2008; 12 June
2009; 13 May 2010]
Chapter
XIII
Regulation of Energy Supply
Section 83.
The regulation of energy supply shall be performed by - the
regulator - a public services regulatory institution established
in accordance with the Law On Regulators of Public Utilities.
[10 May 2001]
Section 84.
(1) In the implementation of energy supply regulation the
regulator shall, in addition to the provisions prescribed in the
Law On Regulators of Public Utilities, perform the following
functions:
1) promote the efficient operation of energy supply
merchants;
2) facilitate the utilisation of local and renewable energy
resources in energy supply;
3) promote the efficient utilisation of energy supplied to
users.
(2) When fulfilling the tasks prescribed by this Law, the
regulator shall comply with the national energy policy and
implement the national energy programme of Latvia.
[10 May 2001; 17 March 2005; 26 May
2005]
Section 84.1
(1) The Regulator shall approve natural gas system connection
regulations developed by a natural gas transmission system
operator for biomethane producers, liquefied natural gas system
operators and natural gas users, and natural gas distribution
system connection regulations developed by a natural gas
distribution system operator for natural gas users. The referred
to regulations must be objectively substantiated, economically
justified, fair, equal and transparent. The Regulator may
initiate re-examination of the natural gas system connection
regulations and request that the relevant natural gas system
operator submits, within a specified time period, draft
regulations of the natural gas system connection.
(2) For the supply of natural gas in addition to that
specified in this Law and the Law On Regulators of Public
Utilities, the regulator shall supervise:
1) the management and distribution regulations for
international connection capacity in co-operation with those
relevant Member State institution or institutions with which is
such international connection;
2) all operations and methods, which the system operator uses
for the management of system capacity overload in the natural gas
supply system of Latvia;
3) the time consumed by the system operator in the performance
of connections and repair work;
4) the published information of the system operator regarding
international connections, utilisation of the network and the
division of system capacity between interested parties;
5) the separation of accounting in conformity with the
procedures specified in Section 12 of this Law;
6) the fulfilment of transmission, distribution, natural gas
system operator and liquefied natural gas system operator duties
laid down in this Law;
7) the rationalisation of the natural gas market and the level
of competition therein;
8) the implementation of the system connection provisions laid
down in Paragraph one of this Section.
(3) The regulator shall once a year notify the European
Commission and the Agency for the Co-operation of Energy
Regulators regarding its activities and fulfilment of the duties
laid down in this Law, as well as publish the report on its
website.
(4) The regulator is entitled to perform checks (also without
a prior notice) in the premises of such natural gas transmission,
distribution and storage system operator and natural gas system
operator, and also a natural gas supply merchant, which performs
any of production or trade functions, for the purpose of
supervision of fulfilling the requirements laid down in the Law
on Regulators of Public Utilities, in this Law and the special
laws and regulations of the energy sector, including Regulation
(EU) No 1227/2011 of the European Parliament and of the Council
on wholesale energy market integrity and transparency.
[26 May 2005; 13 March 2014; 11
February 2016]
Section 85.
(1) Within its competence the regulator shall determine the
norms regulating the energy supply and provide explanation
thereof.
(2) [10 May 2001]
(3) The regulator shall be exempted from the State fee in all
cases when it brings an action to the court against persons who
have violated the requirements laid down in laws and regulations
in relation to energy supply.
(4) [10 May 2001]
(5) [10 May 2001]
[10 May 2001]
Section 86.
[10 May 2001]
Section 87.
[10 May 2001]
Section 88.
The protection of the rights and interests of energy users
shall be performed and disputes examined by the Public Utilities
Commission in accordance with the procedures laid down in the Law
On Regulators of Public Utilities, as well as by the Consumer
Rights Protection Centre in accordance with the procedures laid
down in the Consumer Rights Protection Law.
[17 February 2011]
Section 89.
[26 May 2005]
Section 90.
[10 May 2001]
Section 91.
[13 May 2010]
Section 92.
Types of such public services, which are necessary to be
regulated in the energy supply sector, shall be determined in
accordance with the Law On Regulators of Public Utilities.
[10 May 2001]
Section 93.
[10 May 2001]
Section 94.
[10 May 2001]
Section 95.
The demand for energy supply shall be reviewed in accordance
with the Law On Regulators of Utilities.
[10 May 2001]
Section 96.
In accordance with the Law On Regulators of Public Utilities,
the regulator shall take over the area of operation of the
licence of the provider of public services if an energy supply
merchant, for whatever reasons, is not able to guarantee
continuous energy supply.
[10 May 2001; 26 May 2005]
Section 97.
Tariffs shall be determined in accordance with the Law On
Regulators of Public Utilities.
[10 May 2001]
Section 98.
[10 May 2001]
Chapter
XIV
Liability for Failing to Comply with the Requirements for Supply
of Natural Gas
[13 March 2014] [The
Chapter shall come into force on 3 July 2014, see Paragraph 39 of
Transitional Provisions]
Section 99.
The regulator is entitled to impose a penalty on a natural gas
transmission system operator in the amount of up to 10 per cent
of the net turnover of the previous financial year of the natural
gas transmission system operator, however not less than EUR 300,
if the natural gas transmission system operator:
1) is providing transmission system services without a
licence, fails to comply with the conditions of a licence issued
to him or transfers to other persons the licence issued to
him;
2) fails to comply with regulations regarding system use and
system connection approved by the Regulator, fails to provide
connection to the system or to report to the Regulator regarding
the cases when the system operator has refused access to the
system for the system users or applicants;
3) fails to ensure protection for the restricted access
information which it has received from the system users while
performing its duties;
4) does not comply with the requirements of Regulation (EU) No
1227/2011 of the European Parliament and of the Council on
wholesale energy market integrity and transparency;
5) does not provide information to the Regulator within the
time period and in accordance with the procedures laid down
thereby or provides false information;
6) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator or breaches prohibition of
cross-subsidies; or
7) fails to ensure conformity with the certification
requirements for a transmission system operator laid down in this
Law, including fails to observe the time periods for the
implementation of the certification requirements laid down in
this Law.
[11 February 2016]
Section 100.
The regulator is entitled to impose a penalty on a natural gas
distribution system operator up to 10 per cent from the net
turnover of the previous financial year of the natural gas
distribution system operator, however not less than EUR 300, if
the natural gas distribution system operator:
1) is providing distribution system services without a
licence, fails to comply with the conditions of a licence issued
to him or transfers to other persons the licence issued to
him;
2) fails to comply with regulations regarding system use and
system connection approved by the Regulator, fails to provide
connection to the system or to report to the Regulator regarding
the cases when the system operator has refused access to the
system for the system users or applicants;
3) fails to ensure protection for the restricted access
information which it has received from the system users while
performing its duties;
4) does not comply with the requirements of independence of a
distribution system operator, including the requirement to
develop the conformity programme and provide a report regarding
the measures taken to comply with it;
5) does not provide information to the Regulator within a
time-frame and in accordance with the procedures laid down
thereby or provides false information;
6) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator or breaches prohibition of
cross-subsidies.
Section 101.
The Regulator is entitled to impose a penalty on a natural gas
storage system operator up to 10 per cent from the net turnover
of the previous financial year of the natural gas storage system
operator, however not less than EUR 300, if the natural gas
storage system operator:
1) is providing natural gas storage services without a
licence, fails to comply with the conditions of a licence issued
to him or her or transfers the licence issued to him or her to
other persons;
2) fails to observe regulations regarding natural gas storage
facility use and system connection approved by the Regulator,
fails to provide connection to the system or to report to the
Regulator regarding the cases when the system operator has
refused access to the system for the system users or
applicants;
3) does not provide information to the Regulator within a
time-frame and in accordance with the procedures laid down
thereby or provides false information;
4) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator or breaches prohibition of
cross-subsidies.
Section 101.1
The regulator is entitled to impose a penalty on the combined
natural gas transmission and storage system operator in the
amount of up to 10 per cent of the net turnover of the previous
financial year of the combined natural gas transmission and
storage system operator, however, not less than EUR 300, if the
combined natural gas transmission and storage system
operator:
1) provides a natural gas transmission or storage service
without a licence, fails to comply with the conditions of the
licence issued thereto or transfers to other persons the licence
issued thereto;
2) fails to comply with regulations regarding natural gas
storage facility use and system connection approved by the
Regulator, fails to provide connection to the system or to report
to the Regulator regarding the cases when it has refused access
to the system for the system users or applicants;
3) does not provide information to the Regulator within a
time-frame and in accordance with the procedures laid down
thereby or provides false information;
4) does not comply with the requirements of Regulation (EU) No
1227/2011 of the European Parliament and of the Council on
wholesale energy market integrity and transparency;
5) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator or breaches prohibition of
cross-subsidies; or
6) fails to ensure the conformity with the certification
requirements for a combined natural gas transmission and storage
system operator laid down in this Law, including fails to observe
the time periods for implementation of the certification
requirements laid down in this Law.
[11 February 2016]
Section 102.
The Regulator is entitled to impose a penalty on a liquefied
natural gas system operator in the amount of up to 10 per cent of
the net turnover of the previous financial year of the liquefied
natural gas system operator, however not less than EUR 300, if
the liquefied natural gas system operator:
1) is providing liquefied natural gas services without a
licence, fails to comply with the conditions of a licence issued
to him or her or transfers the licence issued to him or her to
other persons;
2) fails to comply with regulations regarding system use and
system connection approved by the Regulator, fails to provide
connection to the system or to report to the Regulator regarding
the cases when the system operator has refused access to the
system for the system users or applicants;
3) does not provide information to the Regulator within a
time-frame and in accordance with the procedures laid down
thereby or provides false information;
4) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator or breaches prohibition of
cross-subsidies.
Section 103.
The Regulator is entitled to impose a penalty on a natural gas
trader in the amount of up to 10 per cent of the net turnover of
the previous financial year of the natural gas trader, however
not less than EUR 300, if the natural gas trader:
1) is providing trading services without a licence, fails to
comply with the conditions of a licence issued to him or her or
transfers the licence issued to him or her to other persons;
2) does not include the information determined by the
Regulator in the invoices and informative materials to be issued
to a final customer;
3) does not provide information to the Regulator within a
time-frame and in accordance with the procedures laid down
thereby or provides false information;
4) does not unbundle the internal accounting thereof, does not
submit a balance sheet, profit or loss account and cash flow
statement to the Regulator.
Section 104.
The Regulator is entitled to impose a penalty on a market
participant in the amount of up to 10 per cent of the net
turnover of the previous financial year of the market
participant, however not less than EUR 300, if the market
participant fails to comply with the requirements of Regulation
(EU) No 1227/2011 of the European Parliament and of the Council
on wholesale energy market integrity and transparency including
prohibition of insider trading, prohibition of market
manipulation, and also obligation to provide information to the
Regulator and the Agency for the Cooperation of Energy
Regulators.
Section 105.
(1) If the Regulator determines that a natural gas system
operator, trader or market participant fails to comply with the
requirements of this Law, the Regulator may take one or several
of the following decisions:
1) to impose an obligation to ensure the compliance with the
relevant requirements of this Law within the specific time
period;
2) to express a warning;
3) to impose a penalty referred to in Section 99, 100, 101,
1011, 102, 103 and 104 of this Law.
(2) If the Regulator has taken a decision by which it has
imposed an obligation to ensure the compliance with the relevant
requirements of this Law and expressed a warning, but a natural
gas system operator, trader or market participant has not
fulfilled such decision within a time frame laid down by the
Regulator, the Regulator is entitled to take a decision to impose
a penalty.
(3) An administrative act of the Regulator issued in
accordance with this Law may be appealed to the Administrative
Regional Court. The Administrative Regional Court shall examine
the case as a court of first instance in the composition of three
judges. A judgement of the court may be appealed by submitting
appeal in cassation.
(4) Submission of the application to the court for the
revocation, recognition as repealed or invalid of the
administrative act referred to in Paragraph one of this Section
shall not suspend the operation of such administrative act,
except for the operation in the part regarding imposition of the
penalty.
(5) The penalty referred to in Sections 99, 100, 101,
1011, 102, 103 and 104 of this Law shall be paid in
the State budget and it may not be included in expenditure
covered by a user.
(6) The Cabinet shall issue regulations regarding the
procedures for calculation of net turnover of the financial year,
the procedures for calculation of the amount of the penalty,
taking into account the severity and duration of the relevant
infringement, attenuating and aggravating circumstances, and also
determining the cases when the penalty may be reduced.
[11 February 2016]
Chapter
XV
Natural Gas Market
[11 February
2016]
Section 106.
(1) On the natural gas market the participants thereof shall
conclude mutual contracts in writing.
(2) A natural gas market participant has the right to use the
transmission and distribution systems for the transportation of
natural gas for the system service tariffs determined in
accordance with the procedures specified in this Law and the Law
On Regulators of Public Utilities.
(3) The natural gas price shall be determined by the natural
gas market participants by mutual agreement.
[Section 107 shall come into force on 3 April 2017.
See Paragraph 42 of Transitional Provisions]
[Section 108 shall come into force on 10 February 2017.
See Paragraph 43 of Transitional Provisions]
[Section 109 shall come into force on 3 April 2017.
See Paragraph 42 of Transitional Provisions]
Section 110.
(1) Natural gas distribution, transmission, storage and
liquefied natural gas system operator shall ensure for all system
users and applicants, who so request, an equal and transparent
access to the relevant system and provide them natural gas
transmission, distribution, storage or liquefied natural gas
services.
(2) A natural gas system operator has the right to justifiably
refuse access to the relevant system in accordance with the
procedures laid down in the Law On Regulators of Public Utilities
in the following cases:
1) the system capacity is insufficient;
2) the duties and obligations stipulated by the regulator
shall not be fulfilled;
3) serious economic and financial difficulties in relation to
the fixed volume contracts;
4) the Regulator has taken a decision in the case referred to
in Section 45.3 of this Law on granting a temporary
derogation.
(3) When reporting to the European Commission, the Regulator
may, upon the request of a natural gas system operator, in
respect of new natural gas supply objects, grant a temporary
derogation from the requirements laid down for a natural gas
system operator in Section 6, Paragraph one, Section 110,
Paragraph one and Section 111 of this Law, provided that all of
the following conditions have been complied with:
1) investments improve the natural gas supply safety and
competition in the trade in natural gas;
2) the risk associated with the investment is such that the
investment would not have been made, if the derogation had not
been granted;
3) natural gas supply system objects are owned by such a
person, who at least legally is separated from the system
operators in which system they shall be installed;
4) users of natural gas supply system objects are paying for
the use thereof;
5) granting of derogation is not to the detriment of the
competition in the internal natural gas market or to its
efficient functioning, or to the functioning of the system to
which the natural gas supply system object is connected.
(4) The Regulator shall send its decision to grant derogation,
and also information related to the decision to the European
Commission for its evaluation.
(5) The Regulator shall, within one month after a decision has
been received from the European Commission requesting amending or
cancelling the Regulator's decision referred to in Paragraph four
of this Section, take one of the following decisions and report
it to the European Commission:
1) cancel the decision to grant a derogation and issue a new
decision, complying with the considerations indicated in the
European Commission's decision for amending the decision;
2) cancel the decision to grant a derogation, if the European
Commission has recognised it to be unjustified.
(6) Biomethane, and also liquefied natural gas converted in
gaseous state, may be injected into the natural gas transmission
and distribution system. The Cabinet shall determine the
technical and safety requirements, and also gas quality
specifications, so that injection and transportation of gas in
natural gas transmission and distribution system is safe.
[Section 111 shall come into force on 3 April 2017.
See Paragraphs 42 and 44 of Transitional Provisions]
[Section 112 shall come into force on 3 April 2017.
See Paragraph 42 of Transitional Provisions]
[Section 113 shall come into force on 3 April 2017.
See Paragraph 42 of Transitional Provisions]
[Section 114 shall come into force on 31 December 2017.
See Paragraph 44 of Transitional Provisions]
[Section 115 shall come into force on 31 December 2017.
See Paragraph 44 of Transitional Provisions]
[Section 116 shall come into force on 3 April 2017.
See Paragraph 42 of Transitional Provisions]
Transitional
Provisions
1. The Cabinet:
1) by 1 December 2001 determine the volume and territorial
location provided for in Section 40, Paragraph four of this Law,
but by 31 December 2001 - the procedures and requirements for the
co-generation plants provided for in Section 41 of this Law;
2) by 1 January 2003 determine the procedures in accordance
with which undertakings (companies), to which licences for
entrepreneurial activities with petroleum products (fuel) have
been issued in accordance with the procedures stipulated by the
Cabinet, form and store reserves of petroleum and petroleum
products;
3) by 30 July 1999 determine the criteria for the definition
of eligible electricity users and procedures in accordance with
which eligible electricity users may purchase the electricity
outside the transmission system, as well as develop necessary
laws and regulations related thereto.
[10 May 2001]
2. Licences of energy supply undertakings issued prior to the
coming into force of this Law are valid until the expiry date of
the period of validity of the relevant licence and necessary
amendments to licence conditions of energy supply undertakings
may be only made in accordance with the procedures prescribed by
law.
3. With the coming into force of this Law, the Law On
Regulation of Entrepreneurial Activities in Energy industry
(Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 1995,
No. 21; 1997, No. 1, 14) is repealed.
4. This Law shall come into force on the date of adoption
thereof and the Cabinet shall delete the stock company Latvenergo
from the list of undertakings to be privatised.
[3 August 2000]
5. The Energy Supply Regulatory Commission shall regulate the
energy supply in the State regulated sectors until 1 October 2001
when its functions shall be taken over by the Public Utilities
Commission in accordance with the Law On Regulators of Public
Utilities.
[10 May 2001]
6. The Energy Supply Regulatory Commission shall regulate the
energy supply in the local government regulated sectors until 1
September 2001 when its functions shall be taken over by the
local government regulators in accordance with the Law On
Regulators of Public Utilities.
[10 May 2001]
7. The Public Utilities Commission shall be the successor in
regard to the obligations of the Energy Supply Regulatory
Commission from 1 October 2001.
[10 May 2001]
8. By 1 October 2001, the Licence Bureau of the Energy Supply
Regulatory Commission shall be re-organised as the relevant
divisions of the executive authority of the Public Utilities
Commission in accordance with the Law On Regulators of Public
Utilities.
[10 May 2001]
9. The amendments to this Law, which relate to the replacing
of the word "regenerative" with the word "renewable"; the
amendment in relation to the deletion of Section 1, Clauses 7 and
15; Section 5, Paragraph two; Chapters IV, V, VI and VII; Section
77, Paragraph one, Clauses 2 and 3; Sections 79 and 80, as well
as the new texts of Section 1, Clauses 11 and 12 (regarding the
terms "transmission of energy" and "distribution of energy") and
amendments in relation to the addition of Clause 24 to Section 1
shall come into force simultaneously with the coming into force
of the Electricity Market Law.
[17 March 2005]
10. The Cabinet shall issue the regulations provided for in
Section 24, Paragraph 12; Section 42.1,
Paragraph one; Section 43.1, Paragraph two; Section
46, Paragraph one of this Law by 1 January 2006.
[26 May 2005; 5 June 2008]
11. The regulator shall issue the regulations provided for in
Section 12, Paragraph four of this Law by 1 January 2006.
[26 May 2005]
12. [11 February 2016]
13. The connection regulations referred to in Section
84.1, Paragraph one of this Law shall be submitted to
the regulator for approval within five months from day of the
coming into force of this Section.
[26 May 2005]
14. The system use regulations and natural gas storage site
use regulations referred to in Section 15, Paragraph seven, and
the balancing calculations regulations and guarantee request
criteria and procedures referred to in Section 45.2,
Paragraphs three and six of this Law shall be submitted to the
regulator for approval within five months from day of the coming
into force of the relevant legal norm.
[26 May 2005]
15. Section 15, Paragraphs five and seven; Section
42.1, Paragraphs three and four; Section
45.2, Paragraphs two, three, four, five and six, and
Section 45.3 of this Law shall come into force on 4
April 2014.
[13 March 2014]
16. [11 February 2016]
17. Until the day of coming into force of the Cabinet
regulations provided for in Section 46, Paragraph one of this
Law, but no longer than by 1 October 2008, Cabinet Regulations
No. 971 of 30 November 2006, Regulations for the Supply and Use
of Thermal Energy, shall be applied insofar as they are not in
contradiction with this Law.
[5 June 2008]
18. [11 February 2016]
19. The administrative cases regarding payment documents,
deeds of energy supply merchants and other documents drawn up in
order to prepare or justify payment documents, which have been
brought to the administrative court before the day of coming into
force of Section 6, Paragraph four of this Law, the
administrative court shall complete examination thereof in
accordance with the Administrative Procedure Law.
[5 June 2008]
20. Amendments to Section 1, Clause 20 of this Law in respect
of deletion of the words "or local government" shall come into
force on 1 November 2009.
[12 June 2009]
21. Until 1 September 2010 the Cabinet shall issue the
regulations referred to in Section 76, Paragraph two of this Law,
which provide for the procedures by which new facilities of
energy supply merchants shall be installed. Until the day of the
coming into force of the regulations, but not later than until 1
October 2010 Cabinet Regulation No. 841 of 8 November 2005.
Procedures for the Construction of Energy Supply Structures.
shall be in force, insofar as they are not contradictory with
this Law.
[13 May 2010]
22. [22 September 2011]
23. Central Structure for the Maintenance of Reserves (CSMR)
shall start fulfilling its functions on 1 August 2010. In 2010,
the Ministry of Economics shall call for an open tender for the
ensuring and provision of the service referred to in Section 72
of this Law. In order to ensure the continuity of the
establishment of State petroleum product reserves, a tender shall
be announced for each category of petroleum products (fuel) until
1 September 2010.
[17 June 2010; 17 February
2011]
24. Merchants shall commence ensuring the provision of
security reserve services according to the results of the open
tenders referred to in Section 72, Paragraph two of this Law not
later than from 1 July 2011.
[17 February 2011]
25. Until 31 August 2010 security reserves shall be maintained
in accordance with Cabinet Regulation No, 541 of 27 June 2006,
Procedures for the Establishment and Storage of Petroleum Product
Reserves.
[17 June 2010]
26. Amendments to Section 7, Paragraph two, Section 12,
Paragraphs one and two of this Law shall come into force on 1
January 2012.
[22 September 2011]
27. Section 1, Clause 42, Section 7, Paragraphs three and
four, Sections 7.1 and 7.2 of this Law
shall come into force on 1 January 2012.
[22 September 2011]
28. Until 1 January 2012, the Regulator shall issue the laws
and regulations referred to in Section 7.1, Paragraphs
one and three of this Law. Producers or traders of thermal energy
whose licence for production or trading of thermal energy is
valid on 1 January 2012 do not need to submit a registration
announcement. The regulator shall register such thermal energy
producers or traders in the relevant register upon its own
initiative.
[22 September 2011]
29. The Cabinet shall issue the regulations referred to in
Section 76, Paragraph two of this Law until 1 February 2012,
providing for the procedures by which new energy supply merchant
objects shall be installed. Until the day of coming into force of
such regulations, but no longer than until 1 March 2012 Cabinet
Regulation No. 1024 of 1 November 2010, Procedures for
Construction of Electricity Transmission and Distribution
Structures, shall be applied, insofar as they are not in
contradiction with this Law.
[22 September 2011]
30. The Law On the Procedures for Coming into Force of
Separate Sections of the Energy Law (Latvijas Republikas Saeimas
un Ministru Kabineta Ziņotājs, 2005, No. 14; Latvijas Vēstnesis,
2009, No. 194), is repealed from 4 April 2014.
[13 March 2014]
31. Section 45, Paragraphs 1.1, two, three, four,
five and six of this Law shall come into force on 1 January 2018.
A natural gas distribution system operator shall submit the first
report referred to in Section 45, Paragraph three of this Law to
the Regulator by 1 January 2018.
[11 February 2016]
32. [11 February 2016]
33. Section 44.1 of this Law shall come into force
when extraction of natural gas in Latvia is commenced, and coming
into force of this Section shall be determined by a special
law.
[13 March 2014. Section 44.1 shall be
included in the wording of the Law as of the date when the
special law comes into force)
34. The Cabinet shall issue the regulations specified in
Section 107, Paragraph three, five and seven and Section 109,
Paragraph four of this Law by 3 April 2017. Until the day of
coming into force of these regulations, but not longer than until
2 April 2017, Cabinet Regulation No. 85 of 9 February 2016,
Regulations for the Supply and Use of Natural Gas, shall
be applicable. Until 3 April 2017, the users of natural gas
distribution system who procure natural gas for personal use
outside the territorial area of the licence of Joint Stock
Company Latvijas Gāze, have the right to use the natural
gas distribution system for self-supply in accordance with
bilateral arrangement between the user concerned and the Joint
Stock Company Latvijas Gāze, which should have provisions
for a separate settlement of payments for using the distribution
system services.
[11 February 2016]
35. [11 February 2016]
36. The Cabinet shall issue the regulations provided for in
Section 110, Paragraph six of this Law by 1 December 2016. Until
the day of coming into force of these regulations Cabinet
Regulation No. 580 of 13 October 2015, Requirements for the
Injection of Biogas and Gas Produced from Biomass, as well as
Liquefied Natural Gas Converted in Gaseous State into the Natural
Gas Transmission System, shall be applicable.
[11 February 2016]
37. [11 February 2016]
38. The regulator by:
1) 1 July 2014 issue the regulatory enactment referred to in
Section 7.1, Paragraph three of this Law. Until the
day of coming into force of this regulatory enactment, but not
later than until 30 June 2014 Decision No. 1/34 of the regulator
of 11 December 2013, Regulations for Registration of Energy
Producers and Traders, shall apply;
2) 3 April 2017 shall issue the regulation referred to in
Section 107, Paragraph six of this Law. Until the day of coming
into force of this regulation, but no longer than until 2 April
2017, Regulations Regarding Information for Electricity and
Natural Gas Final Customers approved by the Public Utilities
Commission Council Decision No. 1/17 of 4 December 2014 shall be
applicable.
3) 1 April 2017 shall issue the regulations referred to in
Section 45, Paragraph five and six and Section 114, Paragraph
three of this Law.
[13 March 2014; 11 February
2016]
39. Chapter XIV of this Law shall come into force concurrently
with the relevant amendments to the Latvian Administrative
Violations Code.
[13 March 2014]
40. The Cabinet shall issue the regulations referred to in
Section 105, Paragraph six of this Law by the day when amendments
to the Latvian Administrative Violations Code provided for in
Paragraph 39 of these Transitional Provisions come into
force.
[13 March 2014]
41. The system connection regulations referred to in Section
84.1, Paragraph one of this Law shall be submitted to
the Regulator for approval within five months following the day
of coming into force of the amendments to Section 84.1
of this Law in respect of new wording for Paragraph one. Until
the day of coming into force of natural gas transmission system
connection regulations for biomethane producers, liquefied
natural gas system operators and natural gas customers, and
natural gas distribution system connection regulations for
natural gas customers, the Public Utilities Commission Council
Decision No. 233 of 16 July 2008, Regulations Regarding the
Natural Gas System Connection, shall be applicable.
[11 February 2016]
42. Sections 20.3, 42.2, 107 and 109,
Section 111, Paragraph one and two, Sections 112, 113 and 116 of
this Law shall come into force on 3 April 2017.
[11 February 2016/ The above mentioned amendments
shall be included in the wording of the Law as of 3 April
2017]
43. Section 108 of this Law shall come into force from 10
February 2017. Natural gas traders whose licenses for trade in
natural gas are in force on 10 February 2017, need not submit a
notification regarding registration. The Regulator shall register
such natural gas traders in the relevant register on its own
initiative. Between 10 February 2017 and 3 April 2017, trading in
natural gas shall be done by a trader who on 10 February 2017
holds a valid licence for trade in natural gas. Traders of
natural gas and public trader are entitled to perform the
obligations referred to in Section 107, Paragraph one of this
Law, starting from 3 April 2017.
[11 February 2016/ The above mentioned amendment
shall be included in the wording of the Law as of 10 February
2017]
44. Section 111, Paragraph three, four and five, Section 114
and 115 of this Law shall come into force from 31 December
2017.
[11 February 2016/ The above mentioned amendments
shall be included in the wording of the Law as of 31 December
2017]
45. Until the moment when the Regulator takes a decision
regarding the certification of the combined natural gas
transmission and storage system operator, the duties of the
natural gas transmission system operator shall be fulfilled by
the natural gas supply merchant to which a licence for natural
gas transmission has been issued.
[11 February 2016]
46. Until the moment when the Regulator makes a decision to
approve tariffs for natural gas transmission, storage and
distribution, and a decision to approve tariffs for natural gas
for captive consumers, the relevant system operators and public
trader shall provide natural gas supply services applying the
tariffs that have been laid down for the Joint Stock Company
Latvijas Gāze.
[11 February 2016]
47. The Cabinet shall issue the regulations provided for in
Section 44, Paragraph two of this Law by 31 December 2016.
[11 February 2016]
48. The Regulator shall issue the regulations referred to in
Section 42.2, Paragraph two, and Section 44, Paragraph
four of this Law within six months following the day of coming
into force of the relevant sections.
[11 February 2016]
49. Until the approval and designation of the natural gas
transmission system operator incorporated in the combined natural
gas transmission and storage system operator, the natural gas
transmission system operator shall operate in conformity with
Section 112 of this Law.
[11 February 2016]
50. Re-registration of newly established subjects, established
as a result of the reorganisation of the Joint Stock Company
Latvijas Gāze, in the data bases of direct administration
institutions, self-governments and data bases of services
administrated by autonomous legal subjects governed by public law
shall be free of charge. The licenses specified in this Law for
newly established subjects, which have been established as a
result of the reorganisation of the Joint Stock Company
Latvijas Gāze, shall be issued free of charge.
[11 February 2016]
51. From 3 April 2017 until 1 January 2019, the duties of the
public trader shall be fulfilled by the merchant who on 1
February 2017 has a valid license for the trade in natural
gas.
[11 February 2016]
52. The combined natural gas transmission and storage system
operator shall by 10 January 2018 submit to the Regulator an
application regarding its certification in accordance with
Section 115 of this Law.
[11 February 2016]
53. The amendment in Section 7, Paragraph two of this Law
regarding deletion of the words "for trade in natural gas - for
five years" and supplementing the Section with Paragraph five,
and also the amendment to Section 103 of this Law regarding new
wording for Clause 1 shall come into force on 10 February
2017.
[11 February 2016/ The above mentioned amendments
shall be included in the wording of the Law as of 10 February
2017]
54. By 3 April 2017, the Regulator shall re-issue the
methodologies for calculating the tariffs for natural gas supply
services laid down in Section 15, Paragraph 1.1 of
this Law, and also shall issue the methodology for calculating
the price of natural gas laid down in Section 107, Paragraph
three of this Law, which provides laying down the relevant
tariffs and price for natural gas volumes expressed in energy
units.
[11 February 2016]
55. Section 6, Paragraph three and Section 43, Paragraph one
of this Law shall be invalid as of 3 April 2017.
[11 February 2016]
56. The decisions on distribution of the investment costs that
have been taken before the decoupling of the natural gas
transmission system operator in accordance with Regulation (EU)
No 347/2013 of the European Parliament and of the Council on
guidelines for trans-European energy infrastructure and repealing
Decision No 1364/2006/EC and amending Regulations (EC) No
713/2009, (EC) No 714/2009 and (EC) No 715/2009, shall be binding
on the new entity established as a result of the reorganisation
of Joint Stock Company Latvijas Gāze, which is the
successor in respect of duties as a natural gas transmission
system operator.
[11 February 2016]
Informative
Reference to European Union Directives
[17 June 2010;
22 September 2011; 11 February 2016; 3 March 2016]
This Law contains legal norms arising from:
1) [11 February 2016];
2) Council Directive 2009/119/EC of 14 September 2009 imposing
an obligation on Member States to maintain minimum stocks of
crude oil and/or petroleum products;
3) Directive 2009/73/EC of the European Parliament and of the
Council of 13 July 2009 concerning common rules for the internal
market in natural gas and repealing Directive 2003/55/EC (Text
with EEA relevance);
4) Directive 2009/28/EC of the European Parliament and of the
Council of 23 April 2009 on the promotion of the use of energy
from renewable resources and amending and subsequently repealing
Directives 2001/77/EC and 3003/30/EC;
5) Directive 2012/27/EU of the European Parliament and of the
Council of 25 October 2012 on energy efficiency, amending
Directives 2009/125/EC and 2010/30/EU and repealing Directives
2004/8/EC and 2006/32/EC.
This Law has been adopted by the Saeima on 3 September
1998.
Acting for the President,
Chairperson of the Saeima A. Čepānis
Riga, 22 September 1998
1 The Parliament of the Republic of
Latvia
Translation © 2016 Valsts valodas centrs (State
Language Centre)