4.

The regulatory authority may, on a case by case basis, decide on the exemption referred to in paragraphs 1 and 2. However, Member States may provide that the regulatory authorities shall submit, for formal decision, to the relevant body in the Member State its opinion on the request for an exemption. This opinion shall be published together with the decision. The exemption may cover all or part of the capacity of the new interconnector, or of the existing interconnector with significantly increased capacity. In deciding to grant an exemption, consideration shall be given, on a case by case basis, to the need to impose conditions regarding the duration of the exemption and non discriminatory access to the interconnector. When deciding on the conditions in (i) and (ii) account shall, in particular, be taken of the additional capacity to be built, the expected time horizon of the project and national circumstances. When granting an exemption the relevant authority may approve or fix the rules and/or mechanisms on the management and allocation of capacity. The exemption decision, including any conditions referred to in (b), shall be duly reasoned and published. Any exemption decision shall be taken after consultation with other Member States or regulatory authorities concerned.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-01 · Text as adopted (Official Journal); later amendments are not incorporated in this text.