The EB Regulation sets out certain obligations for TSOs, ENTSO-E, DSOs, regulatory authorities and the Agency regarding the development and approval of terms and conditions or methodologies. Articles 4 and 5 describe the process of adoption of these terms and conditions or methodologies submitted by the TSOs, which are divided into three categories: the ones subject to all regulatory authorities' approval, in accordance with Article 5(2), the ones subject to the approval of the regulatory authorities of a concerned region, in accordance with Article 5(3), and the ones subject to the approval of each regulatory authority of each Member State on a case by case basis, in accordance with Article 5(4).
A proposal by TSOs should typically be consulted upon in accordance with Article 10 and according to Article 5(5) submitted to the concerned regulatory authorities and to the Agency and should contain a timescale for implementation and the expected impact on the objectives of the EB Regulation as referred to in Article 3. The implementation timescale shall not be longer than twelve months after the approval by the relevant regulatory authorities, except where all relevant regulatory authorities agree to extend the implementation timescale or where different timescales are stipulated in the EB Regulation. The concerned regulatory authorities should take decisions concerning the proposed terms and conditions or methodologies within six months after receipt of the proposal. Where the regulatory authorities were not able to reach unanimous agreement on the approval of the proposal, they can request an amendment, which gives the TSOs extra two months for amending the proposal and another two months for the regulatory authorities to approve the amended proposal. If, in either case, the regulatory authorities were not able to reach unanimous agreement or upon their joint request, the Agency shall adopt a decision within six months from the referral.
After the adoption of the terms and conditions or methodologies TSOs responsible for developing the respective proposals or regulatory authorities responsible for their adoption, may request amendments of these terms and conditions or methodologies, in accordance with Article 6(3). In that case the proposals for amendment to the terms and conditions or methodologies shall be submitted to consultation and follow the approval procedure as described above.
Agency for the Cooperationof the Energy Regulators
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