Schematic description of the process
- As a pre-condition for designation, the transmission system operator (TSO) has to be certified by the national regulatory authority (NRA). In its preliminary certification decision, the regulator assesses whether the TSO has been duly unbundled in line with the requirements from the Third Energy Package.
- 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).
- The regulator has to issue a final decision taking into account the Secretariat's Opinion.
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.