24

Article 15/5j of that law provides: ‘1. On a proposal from the [CREG], the King shall draw up a code of good conduct concerning access to the natural gas transmission system, the natural gas storage facility and the [liquefied natural gas (LNG)] facility. The code of good conduct shall define: 1° the procedures and detailed rules for requesting access to the network; 2° the information to be provided by users of the natural gas transmission system, the natural gas storage facility and the LNG facility to the natural gas transmission system operator, the natural gas storage facility operator and the LNG facility operator; 3° the precautions to be taken by the natural gas transmission system operator, the natural gas storage facility operator and the LNG facility operator to preserve the confidentiality of commercial data relating to users of the natural gas transmission system, the natural gas storage facility [or] the LNG facility; 4° the time limits within which the natural gas transmission system operator, the natural gas storage facility operator and the LNG facility operator must respond to requests for access to their system and facility; 5° the measures aimed at avoiding any discrimination between users or categories of users of the natural gas transmission system, the natural gas storage facility or the LNG facility; 6° the minimum requirements for legal and operational separation of the functions of natural gas transmission and natural gas supply within integrated natural gas transmission system, natural gas storage or LNG operators; 7° the basic principles relating to the rights and obligations of, on the one hand, the natural gas transmission system operator, the natural gas storage facility operator and the LNG facility operator and, on the other hand, the users of the natural gas transmission system, the natural gas storage facility or the LNG facility, for access to the latter; 8° the basic principles concerning invoicing; 9° the basic principles relating to the rights and obligations of, on the one hand, the natural gas transmission system operator, the natural gas storage facility operator and the LNG facility operator and, on the other hand, the users of the natural gas transmission system, the natural gas storage facility or the LNG facility as regards use of the latter, in particular as regards negotiation for access to transmission capacity, congestion management and the publication of information; 10° the measures which must be included in the programme of commitments to guarantee that any discriminatory practice is excluded and to ensure appropriate monitoring of compliance. The programme shall set out the specific obligations imposed on employees in order to achieve that objective. The person or body responsible for monitoring the programme of commitments must submit an annual report describing the adopted measures to the [CREG]. That report shall be published; 11° the requirements as regards the independence of the personnel of operators from producers, distributors, suppliers and intermediaries[;] 12° the rules and organisation of the secondary market referred to in Article 15/1(1)(9°a); 13° the basic principles concerning the organisation of hubs and access thereto. The granting and maintenance of any transmission or supply authorisation shall be subject to compliance with the code of good conduct. …’