1. The Commission shall examine any notification of a deci sion on the certification of a transmission system operator as laid down in Article 10(6) of Directive 2009/72/EC as soon as it is received. Within two months of the day of receipt of such notifi cation, the Commission shall deliver its opinion to the relevant national regulatory authority as to its compatibility with Article 10(2) or Article 11, and Article 9 of Directive 2009/72/EC.
When preparing the opinion referred to in the first subparagraph, the Commission may request the Agency to provide its opinion on the national regulatory authority’s decision. In such a case, the two-month period referred to in the first subparagraph shall be extended by two further months.
In the absence of an opinion by the Commission within the peri ods referred to in the first and second subparagraphs, the Com mission shall be deemed not to raise objections to the regulatory authority’s decision.
2. Within two months of receiving an opinion of the Commis sion, the national regulatory authority shall adopt its final deci sion regarding the certification of the transmission system operator, taking the utmost account of that opinion. The regula tory authority’s decision and the Commission’s opinion shall be published together.
3. At any time during the procedure, regulatory authorities and/or the Commission may request from a transmission system operator and/or an undertaking performing any of the functions of generation or supply any information relevant to the fulfilment of their tasks under this Article.
4. Regulatory authorities and the Commission shall preserve the confidentiality of commercially sensitive information.
5. The Commission may adopt Guidelines setting out the details of the procedure to be followed for the application of para graphs 1 and 2 of this Article. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(2).
6. Where the Commission has received notification of the cer tification of a transmission system operator under Article 9(10) of Directive 2009/72/EC, the Commission shall take a decision relat ing to certification. The regulatory authority shall comply with the Commission decision.
Quelle und Stand des Gesetzes
