Seitenhistorie

In the event that in the report referred to in Article 52(6), the Commission reaches the conclusion that, given the effective man? ner in which network access has been carried out in a Member State --- which gives rise to fully effective, non-discriminatory and unhindered network access --- certain obligations imposed by this Directive on undertakings (including those with respect to legal unbundling for distribution system operators) are not proportion? ate to the objective pursued, the Member State in question may submit  a request to the Commission for exemption from the requirement in question.


Such request shall be notified, without delay, by the Member State to the Commission, together with all the relevant  information necessary to  demonstrate  that  the  conclusion  reached in the report  on  effective network  access  being   ensured  will  be maintained.


Within three months of its receipt of a notification, the Commis? sion shall adopt an opinion with respect to the request by the Member State concerned, and where appropriate, submit propos? als to the European Parliament and to the Council to amend the relevant provisions of this Directive. The Commission may pro? pose, in the proposals  to amend this Directive, to exempt the Member State concerned from specific requirements subject to that  Member State implementing equally effective measures as appropriate.
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[DIRECTIVE 2009/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 July 2009|http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:211:0094:0136:EN:PDF]\\
Date 21.10.2011.
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