As of November 2015, ENTERPRISE MANAGEMENT SERVICES S.A.S. It was registered as a commercial border verification firm according to the resolution of CREG 038 of 2014. This registration was registered and validated by the marketing advisory commission CAC.
Resolution CREG 157 of 2011, «By which the rules on the registration of commercial borders and long-term energy contracts are modified, and other provisions are adopted.», Established in Article 12:
“Verifications through third parties. The verifications dealt with in articles 7 and 11 of this Resolution will be developed by third parties that the ASIC contracts for these purposes. The ASIC will accept the concept issued by the third party that does the verification and will proceed in accordance with the provisions of articles 7 and 11 of this Resolution.
The ASIC will choose said third parties from the list defined by the CAC, which will make public the selection criteria of such firms, among which will be, at least, technical competence for the execution of the verifications indicated here and the audits indicated in the Code of Measure, not having economic links with the agents participating in the MEM, nor conflicts of interest. This list will be formed within two (2) months following the publication of this Resolution and may be updated with the periodicity that the CAC considers necessary.” .
In May 2014 CREG Resolution 038 of 2014 came into force, by which the Measurement Code contained in the General Annex of the Network Code is modified. In this resolution, it was established in Article 25:
“Verification signatures. The signatures that carry out the verifications of the systems of measurement of the commercial borders, in accordance with what is indicated in articles 23, 26 and 31 or that participate in the verification process that is dealt with in article 39 of this resolution, will be those that are in the list prepared by the CAC in accordance with the provisions of Article 12 of Resolution CREG 157 of 2011 or that which modifies, adds or replaces it.
For the evaluation of the conformity of the measurement systems, the procedure referred to in the previous article must be followed”
From 2012 until mid 2014 when CREG resolution 038 of 2014 comes into effect, the use of the mechanism to verify the objections and cancellations of commercial border registers established in Resolution CREG 157 of 2011 by the third party verifier, used very rarely (statistically 1 every 3 months).
On the other hand, the scope of this process did not include the requirements that are now explicitly defined in the Code of Measure and that, according to the regulatory mandate, must be executed by the same companies selected by the Marketing Advisory Committee -CAC- in the context of CREG Resolution 157 of 2011.
With the recent experience to fulfill the regulatory requirement of Initial Verification of the commercial borders with report to the ASIC, established in the Code of Measure, it was found that it is necessary to specify specific requirements of technical, professional and regulatory competences, as well as administrative and financial obligations that must be met by the verification firms that belong to the list formed by the CAC.
The selected firms must meet the contracting requirements of the ASIC and the companies that represent and operate the commercial frontiers in the energy market, given the need of the latter to hire them to carry out the verifications referred to in Resolution CREG 038 of 2014.
The CAC considered it necessary for the Verification of Commercial Frontiers process to be a Colombian Technical Standard, on which each of the verifying firms that wish to provide this service are accredited in the same, thus minimizing the conflict of interests and increasing the number of verified verifying firms to meet the regulatory requirement in the market.
Until the ICONTEC issues the Colombian Technical Standard on the verification process of the measurement systems, the criteria for the selection of verification firms will be those defined in this document. Once the ICONTEC Technical Standard exists, it will be required additional to the criteria considered by the CAC, that the Verification Firms have the respective certification or accreditation in the Technical Standard for Verification of Borders, for which they will have a period of six months from of the publication of the Standard by ICONTEC.