CHAPTER XFINAL AND TRANSITIONAL PROVISIONS
F1Article 34Methodologies and parameters used to determine the allowed or target revenue of transmission system operators
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Article 35Existing contracts
1.
This Regulation shall not affect the levels of transmission tariffs resulting from contracts or capacity bookings concluded before 6 April 2017 where such contracts or capacity bookings foresee no change in the levels of the capacity- and/or commodity-based transmission tariffs except for indexation, if any.
2.
The contract provisions related to transmission tariffs and capacity bookings referred to in paragraph 1 shall not be renewed, prolonged or rolled over after their expiration date.
F23.
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F3Article 36Implementation monitoring
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Article 37Power to grant derogations
1.
F4The national regulatory authority may, at the request of an entity which operates an interconnector that has benefited from an exemption from Article 41(6), (8) and (10) of Directive 2009/73/EC in accordance with Article 36 of that Directive F5as these Articles have effect in EU law, or a similar exemption, F6... grant such entity a derogation from the application of one or more Articles of this Regulation in accordance with paragraphs 2 to 6 of this Article where the application of those Articles to such entity would have one or several of the following negative consequences. It would:
(a)
not facilitate efficient gas trade and competition;
(b)
not provide incentives for investment for new capacity or to maintain existing levels of capacity;
(c)
unreasonably distort cross-border trade;
(d)
distort competition with other infrastructure operators that offer services of a similar nature to those of the interconnector;
(e)
not be implementable when taking into account the specific nature of interconnectors.
2.
The entity requesting a derogation under paragraph 1 shall include in its request a detailed reasoning, with all supporting documents, including, where appropriate, a cost-benefit analysis, demonstrating that one or more of the conditions in paragraph 1(a) to (e) are complied with.
F73.
The national regulatory authority must endeavour to assess the request for a derogation jointly with any non-UK regulatory authorities whose approval is required and deal with the non-UK regulatory authorities in close cooperation. Where the national regulatory authority grants a derogation, the national regulatory authority must specify its duration in its decision.
F84.
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F95.
The national regulatory authority may revoke a derogation if the circumstances or underlying reasons, or both, no longer apply. The national regulatory authority must endeavour to cooperate with any non-UK regulatory authorities whose approval is required in reaching a decision on whether to revoke a derogation.
F106.
If the approval of both national regulatory authorities is required, they must cooperate with each other, and references in paragraphs 1, 3 and 5 to “the national regulatory authority” are to be read as references to “the national regulatory authorities.
Article 38Entry into force
1.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2.
It shall apply as from entry into force.
3.
However, Chapters VI and VIII shall apply as from 1 October 2017. Chapters II, III and IV shall apply as from 31 May 2019.