1.Where and to the extent that the transmission system operator functions under a non-price cap regime, the following principles shall apply:
(a)the under- or over-recovery of the transmission services revenue shall be minimised having due regard to necessary investments;
(b)the level of transmission tariffs shall ensure that the transmission services revenue is recovered by the transmission system operator in a timely manner;
(c)significant differences between the levels of transmission tariffs applicable for two consecutive tariff periods shall be avoided to the extent possible.
2.Where and to the extent that the transmission system operator functions under a price cap regime or applies a fixed payable price approach set out in Article 24(b), no revenue reconciliation shall occur and all risks related to under- or over-recovery shall be covered exclusively by the risk premium. In such case Articles 18, 19(1) to (4) and 20 shall not apply.
3.Subject to the requirements of periodic consultations pursuant to Article 26 and subject to approval [F1by the national regulatory authority], non-transmission services revenue may be reconciled as set out in this Chapter, mutatis mutandis.
Textual Amendments
F1Words in Art. 17(3) substituted (31.12.2020) by S.I. 2019/531, Sch. 5 para. 5G (as inserted by The Gas Tariffs Code (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1393), reg. 1(2), Sch. para. 3); 2020 c. 1, Sch. 5 para. 1(1)