Overview
The Declaration on Honor is a mandatory document which you must fill out and submit when subscribing to AggregateEU. In this document, you confirm that you comply with the eligibility and participation conditions of AggregateEU as defined in the COUNCIL REGULATION (EU) 2022/2576 of 19 December 2022 enhancing solidarity through better coordination of gas purchases, reliable price benchmarks and exchanges of gas across borders.
After you subscribe to AggregateEU, your subscription request with your Declaration on Honor will be review by the Customer Success Team of PRISMA on behalf of DG ENER.
You can find the Declaration on Honor attached to this article.
Declaration Summary
By assenting to and signing this document, your company makes a number of specific declarations. Though the binding implications and formulations of these declarations are presented in the document itself, this article aims to provide a brief summary of them. The information presented on this article is, therefore, an informal survey of the official document.
A) Declaration Regarding Compliance with General AggregateEU-Platform Rules
This is a declaration that you understand the aim and purpose of AggregateEU and agrees to those aims. In particular, by agreeing to this declaration you assert that:
a. you want to subscribe to AggregateEU in conformity to the COUNCIL REGULATION EU (2022/2576) for the purposes of enhancing solidarity.
b. you want to use AggregateEU driven by the serious and real need to aggregate, tender and procure gas.
c. you're aware that AggregateEU-Platform is not responsible for the conclusion of gas sales, which must be conducted outside the platform.
d. you will act in compliance with the Platform Usage Conditions and specific AggregateEU- Platform Conditions as provided by PRISMA European Capacity GmbH.
B) Declaration Regarding Compliance with COUNCIL REGULATION (EU) 2022/2576 of 19 December 2022 Enhancing Solidarity through Better Coordination of Gas Purchases, Reliable Price Benchmarks and Exchanges of Gas Across Borders
In general terms, this declaration ensures that your company and commodity comply with the restrictions imposed by Article 215 TFEU. In making this declaration, you assert that:
1. Your company is NOT:
a. targeted by Union restrictive measures adopted in relation to Article 215 TFEU - that is, in relation to Russia's actions destabilizing Ukraine, threatening Ukraine's territorial integrity, sovereignty and independence.
b. directly or indirectly owned or controlled by persons or institutions targeted by these Union restrictive measures, nor acts on behalf of such persons.
c. directly or indirectly owned or controlled by the Russian Federation, its government or other Russian natural or legal persons and organizations established in Russia.
2. No funds or resources acquired in relation to AggregateEU will be made available to natural or legal persons, entities and organizations which are:
a. targeted by Union restrictive measures adopted in relation to Article 215 TFEU - that is, in relation to Russia's actions destabilizing Ukraine, threatening Ukraine's territorial integrity, sovereignty and independence.
b. directly or indirectly owned or controlled by persons or institutions targeted by these Union restrictive measures, nor acts on behalf of such persons.
c. directly or indirectly owned or controlled by the Russian Federation, its government or other Russian natural or legal persons and organizations established in Russia.
3. Your company ensures that:
It will NOT offer natural gas which originates from the Russian Federation on the AggregateEU-Platform. This includes LNG and gas supplies entering the EU or Energy Community Contracting Parties at the following points:
a) Greifswald
b) Lubmin II
c) Imatra
d) Narva
e) Värska
f) Luhamaa
g) Sakiai
h) Kotlovka
i) Kondratki
j) Wysokoje
k) Tieterowka
l) Mozyr
m) Kobryn
n) Sudzha (RU)/Ukraine
o) Belgorod (RU)/Ukraine
p) Valuyki (RU)/Ukraine
q) Serebryanka (RU)/Ukraine
r) Pisarevka (RU)/Ukraine
s) Sokhranovka (RU)/Ukraine
t) Prokhorovka (RU)/Ukraine
u) Platovo (RU)/Ukraine
v) Strandzha 2 (BG)/Malkoclar (TR).
C) Declaration Regarding Your Company's Eligibility
In making this declaration, you assert that you and your company are NOT:
a. bankrupt, insolvent, undergoing winding-up procedures or in liquidation.
b. judged to be or have been in breach of its tax and social security obligations and payments.
c. judged to be or have been guilty of grave professional misconduct, ethical standards violation, fraud or anti-competitive behavior.
d. judged to be guilty of: fraud, corruption, conduct related to a criminal organization, money-laundering and the financing of terrorism, terrorist offenses and activities (including incitement), child labor and human trafficking.
e. prone to deficiencies in fulfilling contracts.
f. judged to have committed irregularities according to Article 1(2) of Council Regulation (EC, Euratom) No 2988/95.
g. judged to have established an entity in a different location with the intention of avoiding fiscal, social or legal obligations.
h. judged to have been established for the purposes listed in (g).
D) Declaration Regarding Ownership Structure
Here you're supposed to describe the ownership structure of your company.
1. First you must specify whether your company is listed in a stock exchange market, whether it is a subsidiary of another listed company or controlled by one.
2. Then, list the important shareholders of your company following the directions in the box:
3. Then, list the entities that exert some form of control over your company through commercial links:
4. Now, list the entities that exert some form of control over your company through financial links:
5. List the entities that exert some form of control over your company through other relevant means in light of all specific declarations included in the Declaration on Honor:
E) Declaration Regarding Acting on Behalf of Third Parties
a. If your company acts on behalf of third parties, including but not limited to a consortium, you must ensure that all third parties on behalf of whom you act, comply with all the terms of the Declaration of Honor.
b. PRISMA reserves the right to request any necessary documents to validate the declarations in the Declaration on Honor from you or any third party on behalf of whom you act. An independent Declaration of Honor may also be requested from any third party.
F) Final Declarations
These are the final and general declarations you must make. Hereby, you affirm that (1) you agree with the AggregateEU Terms and Conditions and have no conflict of interests that would affect your behavior on the platform; (2) you are aware all EU and National laws and regulations must be obeyed; (3) you will inform the contracting authorities if any information provided in the Declaration on Honor changes; and (4) you accept that your data might be exchanged with the Directorate-General for Energy of the European Commission.
G) Signature
A representative authorized to sign on behalf of your company must sign the Declaration on Honor with a Qualified Electronic Signature (QES).
Before sending back your electronically signed document, please check the signature and validity of the certificate with for instance the following DSS Demonstration validation tool available at (external link outside of responsibility of PRISMA European Capacity Platform GmbH): Validate a Signature
The EU Trusted List Browser can be consulted in order to check whether the electronic signature. provider and the trust service it provides are part of European Union Trusted List (external link outside of responsibility of PRISMA European Capacity Platform GmbH): EU / EEA Trusted List Browser