Commission by Resolution No. O3-242 on Designation of the Natural Gas Transmission Operator and Issuing the Licence for the Natural Gas Transmission Activity as of April 10, 2015 (hereinafter – Resolution), after a detailed analysis of the transmission system operator AB Amber Grid documents and all related information (Certification document No O5-94) of the Gas Division and Electricity Division of the Electricity and Gas Department of the Commission as of 9 April 2014) and taking into account the opinion of the European Commission No C(2015) 2135 (final) of 23 March 2015 decided to:
• state that the unbundling of the transmission activity performed by AB Amber Grid complies with the provisions of Articles 40–42 of the Law, and AB Amber Grid can be designated to operate as the transmission system operator provided that the Ministry of Energy of the Republic of Lithuania within the time period not exceeding 12 months from the date of validity of this Resolution will perform the actions for transferring the shares of UAB Litgas held by AB Klaipėdos nafta to the economic entity, which is neither directly nor indirectly controlled by the Ministry of Energy, as it has been set forth in the opinion of the European Commission.
• To issue the open-ended Licence of the Transmission System Operator to AB Amber Grid provided that the Ministry of Energy of the Republic of Lithuania within the time period not exceeding 12 months from the date of validity of this Resolution will perform the actions for transferring the shares of UAB Litgas held by AB Klaipėdos nafta to the economic entity, which is neither directly nor indirectly controlled by the Ministry of Energy as it has been set forth in the Opinion of the European Commission.
To obligate AB Amber Grid:
• To ensure that within the time period not exceeding 12 months from the date of validity of the Resolution the actions deemed necessary for transferring the shares of UAB Litgas held by AB Klaipėdos nafta to the economic entity, which is neither directly nor indirectly controlled by the Ministry of Energy, will be performed as it has been indicated in the Opinion of the European Commission, and to inform about the progress in effectuating this process within 10 calendar days after the expiration of the reported quarter.
The information about the designation of transmission system
operator AB „Amber Grid“ was published in the Official Journal of the European
Union 2015/C
222/03 on July 7, 2015.
• On the 22nd of December 2016 Commission by Resolution No O3-453, evaluated if AB „Amber Grid“ proceeded all the actions which were foreseen in the Resolution and stated that since on the 3rd of October 2016 AB „Klaipėdos nafta“ and „Lietuvos energija“, UAB entered into contract by which all 33,33 percent of UAB „Litgas” shares controlled by AB „Klaipėdos nafta“ were transferred to „Lietuvos Energija“, UAB which is neither directly nor indirectly controlled by the Ministry of Energy of the Republic of Lithuania, the unbundling of AB „Amber Grid“ complies with Article 9 of 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, as well as articles 40-42 of Natural gas act of the Republic of Lithuania.
The Commission, in accordance with the Law on Natural Gas provisions of Article 28 will continue to regularly monitor and supervise designated transmission system operator, in order its activities to be in accordance with the provisions of Law on Natural Gas regarding independence of transmission system operator and unbundling transmission activities from generation and supply.
