The National Regulatory Authority (NRA) shall notify the Secretariat without delay about any explicit or tacit decision on the (preliminary) certification of a TSO, together with all the relevant information with respect to that decision.

Within two months of receiving the Secretariat opinion NRA shall adopt its final decision regarding the certification of the TSO taking the utmost account of the Secretariat’s opinion.

The regulator shall designate TSOs that are compliant with the requirements of Article 9 of 2009/72 Electricity Directive and certified and it shall notify the Secretariat about designation of certified TSOs.

The NRA shall monitor the continuing compliance of TSOs with the unbundling requirements and shall reopen the certification procedure to reassess a TSO's compliance with the unbundling rules, in three cases:

• upon notification by the TSO if any planned transaction may require a reassessment of their compliance;
• on their own initiative where they have knowledge that a planned change in rights or influence over transmission system owners or transmission system operators may lead to an infringement of Article 9, or where they have reason to believe that such an infringement may have occurred; or
• upon a reasoned request from the Secretariat.

In this case, the regulatory authorities shall adopt a decision within a period of four months. After expiry of that period, the certification shall be deemed to be granted. The explicit or tacit decision on the certification of a transmission system operator shall be notified without delay to the Secretariat by the regulatory authority, together with all the relevant information with respect to that decision.

The Secretariat  shall examine any notification of a decision on the certification of a transmission system operator and shall deliver its opinion to the relevant NRA as to its compatibility with Energy Community Law, within four months of the day of receipt of such notification, taking into account ECRB’s opinion.

If the Secretariat does not deliver the opinion within four months, it shall be deemed not to raise objections to the regulatory authority’s decision.

Energy Community Regulatory Board shall deliver its opinion on the preliminary certification decision adopted by the relevant NRA upon Secretariat request.