Division (5) The Commission shall, within 60 days after receiving a complete application, grant a derogation from paragraph 2:F1

1. (a)

   where the opinions of the authorising entity or entities are positive; and

2. (b)

   where it is demonstrated that equal and non-discriminatory treatment of all applications as well as legal coherence at Union level is ensured.

In the event of diverging opinions, or a failure of one or more authorising entities to deliver an opinion within the prescribed time limit, the applicants may request the Commission to find a mutually acceptable solution, in cooperation with the parties involved. If no mutually acceptable solution can be found within 90 days after receiving a request for derogation, the pilot project shall be deemed to be refused. The Commission may request the opinion of the European Union Agency for Railways, and shall do so where the opinion of each authorising entity is negative.