Appendix to Resolution No. 45/9/15 of the Management Board of dated 23 February 2015
THE RULES AND REGULATIONS
of Consultation Committees
by Polish Power Exchange
Consolidated text announced by the Management Board of Polish Power Exchange
on 23 February 2015 by virtue of Resolution no. 45/9/15
Chapter 1
General Provisions
§1
1. The Rules and Regulations of the Consultation Committees at shall specify the mode of
operation of Consultation Committees by , hereinafter referred to as the “Committees”.
2. The Committees shall operate pursuant to these Rules and Regulations of the Consultation
Committees at , hereinafter referred to as the “Rules and Regulations”.
3. The purpose of the Committees shall be to support transparent and non-discriminating
support of the exchange goods market operated by , by means of active participation in
the meetings of the Committee and developing a shared stand on the issues discussed by
the Committees.
4. The tasks of the Committees shall include expressing ideas and presenting motions with
regard to the assumptions of the development of the markets of exchange goods being the
object of trade at the Polish Power Exchange.
5. The Committees shall be appointed and dismissed by the Management Board of by virtue
of a Resolution of the Management Board. The number of the Committees shall be
determined by the Management Board of The list of the Committees has been included in
Appendix no. 1 hereto.
6. The Committees shall operate independent of one another.
Chapter 2
Committee Organization
§2
1. The Committees shall be composed of:
a) Members of the Polish Power Exchange in the meaning of the Rules and
Regulations of the Trade of the Exchange Goods Market of , represented by one
Representative, under a relevant declaration, submitted in accordance with the
template included in Appendix 2 hereto,
b)
( hereinafter referred to as “POLPX”) represented by the persons appointed by the
Management Board of TGE,
c) Warsaw Commodity Clearing House (hereinafter referred to as “WCCH”) represented
by the persons appointed by the management Board of WCCH.
hereinafter referred to as the “Committee Members”
2. Membership in the Committees shall be voluntary.
3. Committee Members shall operate as part of the Committees through their representatives
hereinafter referred to as the “Representatives”. The Representatives shall be appointed
by Committee Members in accordance with the rules specified herein.
4. Appointing a Representative by a given Committee Member shall be equivalent to giving
consent to the participation of a given Committee Member in a given Committee.
5. At any moment a Committee Member may resign from participation in a given Committee
by notifying the Chairman of this fact in writing. Resignation from participation in a given
Committee shall be equivalent to dismissing the Representative delegated to participate in
the work of a given Committee.
6. At any time a Committee Member may dismiss a current or appoint a new Representative
by sending POLPX a form completed in accordance with the template included in Appendix
2 hereto. Appointing a new Representative shall dismiss the current Representative of the
Committee Member.
7. The President of the Management Board of POLPX shall elect the Chairmen of the
Committees. Only employees of POLPX may become Chairmen of the Committees.
8. The Chairman of the Committee shall have the right to dismiss a Representative of the
Committee Member by providing a written, justified statement to the entity the dismissed
Representative represented. In the case referred to in the first sentence, the Committee
Member shall appoint another Representative.
9. The costs of holding meetings of the Committees shall be covered by POLPX.
§3
1. The work of the Committees shall be led by the Chairman.
2. The tasks of the Chairmen shall include for instance:
a) organization of meetings of the Committees,
b) granting consent to participation in meetings and inviting the persons referred to in
§ 9 hereof,
c) collection of statements referred to in Appendix 2 hereto,
d) conduct of meetings of the Committees,
e) ensuring compliance with the Rules and Regulations of the Committees, including
the obligation to retain confidentiality and fulfil the obligation of Committee
Members and Representatives to submit the statements referred to in Appendix 2,
f)
filing original copies and providing copies of the statements referred to in Appendix
2 to the POLPX’s Information Security Administrator,
g) determining the scope of work to be performed by POLPX related to the topics
covered at the Committee meetings,
h) representing the Committee externally,
i)
approving the minutes of the Committee meetings,
j)
signing stands and opinions on behalf of the Committees.
§4
1. POLPX shall provide administrative support for the Committees by delegating persons
acting as Secretaries of the Committees, whose tasks shall include, in particular:
a) documentation of actions taken by the Committees,
b) preparation of agendas for the Committee meetings,
c) organization of the Committee meetings,
d) development draft documents of the Committees, including correspondence of the
Committees,
e) preparation of the minutes of the Committee meetings.
Chapter 3
Committee Members’ Rights and Obligations
§5
1. The Committee Members shall be entitled to participate in the meetings of these
Committees they have been appointed to.
2. During the work of the Committees, the Representatives shall be guided by the provisions
of the law, their knowledge and experience.
3. The duties of the Committee Members, its employees, including Representatives shall
include:
a) taking an active part in the work of the Committees,
b) retaining the confidentiality of internal documents of the Committees and information
related to them, as well as the content of the issues being discussed or already
discussed at the Committee meetings; Representatives shall be authorized to disclose
internal documents of the Committees and information related to them, as well as the
content of the issues being discussed or already discussed at the Committee meetings
only to other employees Committee Members in the course of its activities
4. The Representative shall have the right to present views and opinions of the Committee
Member with regard to the issue being discussed at the forum of the Committees.
5. The Representative shall have the right to submit the subjects of meetings of the
Committees.
6. The obligation to retain confidentiality as described above shall survive the loss of the status
of the Committee Member, the termination of the employment relationship between an
employee of the Committee and the Committee Member, in particular in the event of
termination of the employment relationship between the Representative and the Committee
Member.
7. The Committee Member and its staff, and its Representative in particular, shall not be
entitled to retain copies of documents or information referred to in section 3 item point b) in
hardback copy or any data storage device, nor shall they be entitled to distribute or transfer
such documents or information associated with them unless they use and/or distribute oral
information only to the extent necessary for work in the Committee. These documents shall
bear a relevant clause.
8. On the basis hereof, Committees Members may not be provided with information
constituting professional privilege within the meaning of the Act of 26 October 2000 on
Commodity Exchanges.
Chapter 4
Modus operandi of the Committees
§6
1.
The Committees shall convene at meetings. At the request of the Chairmen, the
Committees may also adopt opinions by virtue of a circulation resolution, after previous
notice to all Committee Members. Adopting opinions by virtue of a circulation
resolution shall be organized and supervised by the Secretary of the Committee
2.
Meetings shall be held as needed, at least twice a year, however.
3.
Meetings shall be held at the headquarters of POLPX or any other place indicated in
the invitation to the Committee meeting.
4.
At the meeting of a given Committee a Member of the Polish Power Exchange referred
to in § 2 item 1 a) hereof may be represented by one Representative.
5.
The Committees shall adopt motions with regard to the issues discussed at meetings
by acclamation.
6.
In the absence of unanimity, the Chairman may order a vote. Each Representative of
the Committee Member shall have one vote.
7.
Motions shall be adopted by a simple majority of votes of the Members present at a
given Committee meeting. A Committee Member shall have the right to indicate their
dissenting opinion, justifying it, in which parts and in what way they challenge the
opinion of the Committee.
8.
The result of the vote on the motion on the stand or opinion (the number of votes cast
for and against) shall be placed in the minutes of the Committee me eting.
§7
1. For each meeting of the Committee minutes of the meeting of the Committee shall be
drawn up the content of which shall be agreed on with the following procedure:
a) Within 7 business days after the meeting the representatives shall be e -mailed
the draft minutes of the Committee meeting,
b) comments to the content of the draft minutes of the Committee meeting shall be
submitted within the next 7 business days after they are sent,
c)
the final version of the minutes of the Committee meeting shall be draft ed on the
basis of the draft version and the comments received,
d) the final version of the minutes of the Committee meeting, signed by the
Chairman of the Committee, shall be sent out to all Representatives of Committee
Members.
2. The minutes of the Committee meeting shall include:
a) the time and place of the meeting,
b) the attendance list of Representatives and other persons present at the meeting, with
their place of work and role at the meeting,
c) the adopted agenda of the meeting,
d) motions with regard to the matters discussed at the meeting,
e) arrangements for follow-up activities of the Committee.
§8
1. Invitations to Committee meetings shall be sent no later than 2 weeks prior to the
meeting. An invitation to a given Committee meeting shall include:
a) the date and time of the meeting,
b) the list of issues on the meeting’s agenda,
c) the list of persons invited to the meeting.
2. The Representatives shall have the information regarding the topics to be discussed
during a given Committee meeting e-mailed to the addresses provided.
3. The information referred to in section 2 shall be provided at least one week before the
Committee meeting.
4. The final agenda of the meeting shall be adopted at the beginning of each Committee
meeting.
§9
1. Apart from Representatives, also the persons invited by the Chairman can participate in
the Committee Meeting, in particular:
a) Employees of POLPX and WCCH,
b) Other persons invited to the meeting by the Chairmen of the Committees.
2. Persons referred to in section 1 shall participate in the Committee meetings, without the
right to vote.
Chapter 5
Final Provisions
§10
These Rules and Regulations of the Committees shall enter into force on the date of its
approval by the Management Board of POLPX.
Appendix 1
List of Consultation Committees at the Polish Power Exchange
1. Power Market Committee at the Polish Power Exchange
Contact address: [email protected]
2. Gas Market Committee at the Polish Power Exchange
Contact address: [email protected]
APPENDIX 2
PART 2
Declaration
[Name of the Company] hereby appoints/dismisses (*) Mr/Ms _________________________ as its Representative in the
_______________________ Committee by
[Name of the Company] hereby undertakes to to comply with the Rules and Regulations of the Consultation Committees
adopted by , in particular to comply with confidence principles referred to in the aforementioned Rules and Regulations.
/date, town, signatures compliant with the company’s representation/
Representative’s name and surname
Position:
Telephone no.:
Fax no.:
Email:
PART B (**)
Declaration
I hereby consent to having my personal data processed by the Polish Power Exchange (address: ul. Poleczki 23 building H,
02-822 Warsaw), in compliance with the Act of 29 August 1997 on the Protection of Personal Data (The Journal of Laws of
2002, No. 101, item 926, as amended) to organize the work of the [name of Committee] and for correspondence purposes.
At the same time I undertake to comply with the Rules and Regulations of the Consultation Committees adopted by , in
particular to retain the confidentiality of internal documents of the [name of Committee] and related information, as well as the
content of issues being discussed or already discussed at the meeting of the [Name of Committee].
/date, town, signature of the Representative/
The above personal data shall be processed by with its registered office in Warsaw (address: ul. Poleczki 23 bld. H, 02-822
Warsaw) (or "POLPX") for the purpose and to the extent necessary for the organization of the work of the Committee. POLPX
hereby informs that persons participating in the Committee meetings shall have the right of access to the content of their personal
data and to correct it.
A copy of the signed document must be emailed in the PDF format to the appropriate Committee, as indicated in Appendix 1 to
the Rules and Regulations of the Consultation Committees by , whereas the Chairman of the Committee shall have the right to
request a Committee member to submit, on a specified date, the original copy of the signed document or a certified copy of the
original document (the certification may be effected by a legal counsel, an attorney or a notary).
(*) delete as appropriate
(**)Part B must be completed only in the event of appointing a Representative