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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.
\\
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
\\
Joint
assessment by the
concerned NRAs
\\
Close cooperation
of the
concerned NRAs
\\
Duration
specified in the
decision
\\
Notify the decisions to
ACER and the EC
Entity operating
an interconnector
requests
NRAs assess
NRAs grant a derogation
Figure 44:
Process for granting a derogation from the TAR NC to interconnectors