Valid from 15/04/2011
8F.—(1) This Article applies to—
(a)a preliminary decision under Article 8E as to whether an applicant should be certified;
(b)a final decision under Article 3 of the Gas Regulation as to whether to certify an applicant.
(2) Subject to paragraph (7), the Authority may only decide that the applicant should be certified, or decide to certify the applicant, if one of the following four grounds (“the certification grounds”) applies.
(3) The first certification ground is that the ownership unbundling requirement in Article 8G is met in relation to the applicant and to any related conveyance licensee.
(4) The second certification ground is that—
(a)the applicant has applied for a derogation from the ownership unbundling requirement on the grounds in paragraphs (1) and (2) of Article 14 of the Directive (independent system operator);
(b)the applicant has nominated an independent system operator for designation in accordance with those paragraphs; and
(c)the Authority—
(i)has determined that the requirements of those paragraphs and of paragraphs (1) and (2) of Article 15 of the Directive (unbundling of transmission system owners and storage system operators) are met; and
(ii)is minded to designate the nominated independent system operator.
(5) The third certification ground is that—
(a)the applicant holds a licence under Article 8(1)(a);
(b)the applicant has applied for a derogation from the ownership unbundling requirement on the grounds in Chapter IV of the Directive (independent transmission operator); and
(c)the Authority has determined that the requirements of that Chapter are met.
(6) The fourth certification ground is that the applicant has been granted an exemption (effective by virtue of the conditions which apply in his licence, or by way of exemption under Article 7(1)) in accordance with Article 36 of the Directive (new infrastructure) and remains entitled to the benefit of it.
(7) The Authority may make a preliminary decision to certify an applicant where it is satisfied that the certification ground to which his application relates applies in the case of the applicant or would apply if particular qualification measures were taken and that—
(a)those qualification measures are within the powers of the Authority to impose under regulations 13 and 94 of the 2011 Regulations or any other powers of the Authority under this Order or the Energy (Northern Ireland) Order 2003, and the Authority is minded so to exercise those powers; or
(b)the Authority is otherwise satisfied that such qualification measures will be taken.
(8) But, regardless of whether a certification ground applies under paragraph (2), the Authority must not certify the applicant—
(a)if, on the basis of an opinion expressed by the European Commission under Article 11 of the Directive (certification in relation to persons from countries outside the European Economic Area), the Authority considers that the certification of the applicant would put at risk the security of gas supplies in the European Economic Area;
(b)if a report prepared by the Department under Article 8D states that the certification of the applicant would put at risk the security of gas supplies in the United Kingdom or the European Economic Area.]