ENTSOG Tariff NC - Implementation Document 2nd Edition

\\ Benefits from and exemption per Art. 36 of the Gas Directive or a similar exemption \\ Application of certain TAR NC Articles entails negative consequences \\ Detailed reasoning, supporting documents + where appropriate, CBA

\\ Duration specified in the decision \\ Notify the decisions to ACER and the EC

NRAs assess

\\ Joint assessment by the concerned NRAs \\ Close cooperation of the concerned NRAs

NRAs grant a derogation

Entity operating an interconnector requests

Figure 44: Process for granting a derogation from the TAR NC to interconnectors

The relevant NRAs must then assess the received request jointly and in cooperation with each other. If they conclude that a derogation can be granted, their decision must specify its duration. Such decisions must be sent to ACER and the EC for information. The relevant NRAs can subsequently revoke a derogation either on their own initiative if the negative consequence(s) and/or the reasoning for such derogation cease to be valid, or upon a reasoned recommendation of ACER/the EC to revoke the derogation due to lack of justification.

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