6. DECISION ON DEROGATION

 

Further to the request for derogation submitted by the Power Generating Facility Owner, the Relevant Network Operator will assess the request and related documentation. If the request or the related documentation is considered to be incomplete the Power Generating Facility Owner should submit the missing information as requested by the Relevant Network Operator.

What is important, as from the day of the receipt of the complete request by the Relevant Network Operator until the issuance of the decision granting or refusing the derogation by the National Regulatory Authority, the Power Generating Facility to which the request is referred to is deemed as compliant.

 

Finally, it should be noted that pursuant to the Network Code the ACER Agency may issue a reasoned recommendation to the National Regulatory Authority to revoke granted derogations and the National Regulatory Authority has the right to issue a motivated decision revoking the granted derogation.

 

The Network Code contains also the provision that each National Regulatory Authority maintains a register of all derogations it has granted or rejected and  provides to the ACER an updated and consolidated register at least every 6 months with a copy to ENTSO-E.