The FCA Regulation sets out certain obligations for TSOs, ENTSO-E, regulatory authorities and the Agency regarding the development and approval of terms and conditions or methodologies. Article 4 of the FCA Regulation describes the process of adoption of these terms and conditions or methodologies submitted by the TSOs, which are divided into two categories: the ones subject to all regulatory authorities' approval, in accordance with Article 4(6), and the ones subject to the approval of the regulatory authorities of a concerned region, in accordance with Article 4(7) of the FCA Regulation.
A proposal by TSOs should typically be consulted upon in accordance with Article 6 and, according to Article 4(8), 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 FCA Regulation as referred to in Article 3. The concerned regulatory authorities should take decisions concerning the proposed terms and conditions or methodologies within six months after the receipt of the proposal. Where the regulatory authorities are not able to agree on the approval of the proposal, they can request an amendment, which gives TSOs an 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 are 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, the TSOs responsible for developing the respective proposals or the regulatory authorities responsible for their adoption, may request amendments of these terms and conditions or methodologies, in accordance with Article 4(12). 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.
See the implementation table for more details on the recent state of art of this topic.
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