Article 63 New interconnectors

New direct current interconnectors may, upon request, be exempted, for a limited period, from F1the provisions specified in paragraph 4A provided that the following conditions are met:

Paragraph 1 shall also apply, in exceptional cases, to alternating current interconnectors provided that the costs and risks of the investment in question are particularly high when compared with the costs and risks normally incurred when connecting two neighbouring national transmission systems by an alternating current interconnector.

Paragraph 1 shall also apply to significant increases of capacity in existing interconnectors.

The decision granting an exemption as referred to in paragraphs 1, 2 and 3 shall be taken on a case-by-case basis by the regulatory F5authority. An exemption may cover all or part of the capacity of the new interconnector, or of the existing interconnector with significantly increased capacity.

F6...

In deciding to grant an exemption, F7the regulatory authority shall take into consideration, on a case-by-case basis, the need to impose conditions regarding the duration of the exemption and non-discriminatory access to the interconnector. When deciding on those conditions, regulatory authorities shall, in particular, take account of additional capacity to be built or the modification of existing capacity, the time-frame of the project and national circumstances.

Before granting an exemption, the F8regulatory authority shall decide on the rules and mechanisms for management and allocation of capacity. Those congestion-management rules shall include the obligation to offer unused capacity on the market and users of the facility shall be entitled to trade their contracted capacities on the secondary market. In the assessment of the criteria referred to in points (a), (b) and (f) of paragraph 1, the results of the capacity-allocation procedure shall be taken into account.

F9...

The exemption decision, including any conditions referred to in the third subparagraph of this paragraph, shall be duly reasoned and published.

The provisions specified for the purposes of paragraph 1 are the standard conditions of an interconnector licence granted under section 6(1)(e) of the Electricity Act 1989 relating to—

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F12... Paragraphs 1 to F134A apply to the decision of the regulatory authority to modify an exemption decision, taking into account the particularities of the existing exemption.

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