Article 4 Application to existing power-generating modules

Existing power-generating modules are not subject to the requirements of this Regulation, except where:

For the purposes of this Regulation, a power-generating module shall be considered existing if:

The notification submitted by the power-generating facility owner to the relevant system operator and to the relevant F9TSO must at least have indicated the contract title, its date of signature and date of entry into force and the specifications of the main generating plant to be constructed, assembled or purchased.

F10The regulatory authority may determine whether a power-generating module is to be considered an existing power-generating module or a new power-generating module.

Following a public consultation in accordance with Article 10 and in order to address significant factual changes in circumstances, such as the evolution of system requirements including penetration of renewable energy sources, smart grids, distributed generation or demand response, the relevant TSO may propose to the regulatory authority F11that the application of F12the requirements set out in this Regulation F13be extended to existing power-generating modules.

For that purpose a sound and transparent quantitative cost-benefit analysis shall be carried out, in accordance with Articles 38 and 39. The analysis shall indicate:

Before carrying out the quantitative cost-benefit analysis referred to in paragraph 3, the relevant TSO shall:

The F16... regulatory authority F17... shall decide on the extension of the applicability of this Regulation to existing power-generating modules within six months of receipt of the report and the recommendation of the relevant TSO in accordance with Article 38(4). The decision of the regulatory authority ... shall be published.

The relevant TSO shall take account of the legitimate expectations of power-generating facility owners as part of the assessment of the application of this Regulation to existing power-generating modules.

The relevant TSO may assess the application of some or all of the provisions of this Regulation to existing power-generating modules every three years in accordance with the criteria and process set out in paragraphs 3 to 5.