Key process steps
Preliminary certification decision
In its preliminary certification decision, the national regulatory authority (NRA) assesses whether the transmission system operator (TSO) has been duly unbundled in line with the requirements from the Third Energy Package.
Secretariat's opinion
The Energy Community Secretariat (ECS) has the duty to issue an Opinion on the regulator's preliminary certification decision taking into account the opinion from the Energy Community Regulatory Board (ECRB).
Final certification decision
The regulator has to issue a final decision taking into account the Secretariat's Opinion.
Schematic description of the process
In case the regulator’s final decision diverges from the Secretariat’s Opinion:
- the regulatory authority has to provide the reasoning underlying its decision, and,
- diverting decisions will be included in the agenda of the first meeting of the Ministerial Council following the date of the decision, for information and discussion.
TSOs certified in line with the requirements of the acquis can be designated.