Article 39B F1

if its construction or, as the case may be, the making of the modification to which the exemption relates has not been started within the 2 years beginning with the relevant date; or

if it, or (as the case may be) the modification to which the exemption relates, is not operational within 5 years beginning on the relevant date.

if F5before IP completion day the European Commission notified the Authority that it approved the exemption and terms as copied to it under paragraph (1) F6(as it then had effect), the date of that notification;

if F7before IP completion day, in accordance with Article 36(9) of the Directive, the European Commission required the Authority to modify the terms, the date of that requirement; or

if—

the date four months after the Authority sent the European Commission a copy of the exemption under paragraph (1) or IP completion day, whichever is the sooner;

if the decision to give the exemption was published under Article 39A(12) on or after IP completion day, the date on which the decision was published under Article 39A(12).

in accordance with the provisions of the exemption; or

by giving the owner of the pipe-line or facility in question a notice of a revocation at least 4 months before the revocation takes effect.