Seitenhistorie

1.	Any regulatory authority and the Commission may request the opinion of the Agency on the compliance of a decision taken by a regulatory authority with the Guidelines referred to in this Directive or in Regulation (EC) No 715/2009.



2.	The Agency shall provide its opinion  to  the  regulatory authority which has requested it or to the Commission, respec? tively, and to the regulatory authority which has taken the deci? sion in question within three months from the date of receipt of the request.



3.	Where the regulatory authority which has taken the deci? sion does not  comply with the Agency’s opinion  within four months from the date of receipt of that opinion, the Agency shall inform the Commission accordingly.



4.	Any regulatory authority  may inform  the  Commission where it considers that a decision relevant for cross border-trade taken by another regulatory authority does not comply with the Guidelines referred to  in this  Directive  or  in Regulation (EC) No 715/2009  within two months from the date of that decision.



5.	Where the Commission, within two months of having been informed by the Agency in accordance with paragraph 3, or by a regulatory authority in accordance with paragraph 4, or on its own initiative, within three months from the date of the decision, finds that the decision of a regulatory  authority raises serious doubts as to its compatibility with the Guidelines referred to in this Directive or in Regulation (EC) No 715/2009,  the Commis? sion may decide to examine the case further. In such a case, it shall invite the regulatory authority and the parties to the pro? ceedings before the regulatory authority to submit observations.

6.	Where the Commission takes a decision to examine the case further, it shall, within four months of the date of such decision, issue a final decision:



(a)  not to raise objections against the decision of the regulatory authority; or



(b)  to require the regulatory authority concerned to withdraw its decision on the basis that the Guidelines have not been com? plied with.



7.	Where the Commission has not taken a decision to exam? ine the case further or a final decision within the time-limits set in paragraphs 5 and 6 respectively, it shall be deemed not to have raised objections to the decision of the regulatory authority.



8.	The regulatory authority shall comply with the Commission decision to withdraw its decision within a period of two months and shall inform the Commission accordingly.



9.	The Commission may adopt  Guidelines setting out  the details of the procedure to be followed by the regulatory authori? ties, the Agency and the Commission as regards the compliance of decisions taken by regulatory authorities with the Guidelines referred to in this Article. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the  regulatory procedure with scrutiny referred to in Article 51(3).

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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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