ENTSOG First Report on Implementation Monitoring and Baseline for Effect Monitoring of the Tariff Network Code

‘POWER TO GRANT DEROGATIONS’

ARTICLE 37

Overview of the Rule

As from AD 1, it is possible for an entity operating an interconnector to prepare detailed reasoning (supporting documents and, optionally, a CBA) and request their NRA to grant a derogation from the application of some/all the TARNC Articles.

Responses

If an entity operating an interconnector, have you requested a derogation from some / all TAR NC articles?

2

5

Yes, 2 (from 2 MSs) No, 5 (from 5 MSs) Non-applicable, 38 (from 19 MSs)

38

Figure 26: Derogation requests by interconnector operators

If an entity operating an interconnector has requested a derogation from the application of some / all TAR NC articles, has the NRA granted such derogation?

2

No, 2 (from 2 MSs) Non-applicable, 43 (from 21 MSs)

43

Figure 27: NRA decision on interconnector operator’s derogation requests

Æ Of the seven interconnector operators, five have not requested a derogation. As of December 2017, one interconnector operator has applied for a derogation. They are currently waiting on a decision by their NRA. For a second TSO, they intend to apply for a derogation in the near future.

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