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2.—(1) Article 2 is amended as follows.
(2) In paragraph 1—
(a)in both places, omit “III,”; and
(b)for “entry points from third countries or exit points to third countries”, substitute “entry points from or exit points to other countries that are not member States”.
(3) Omit paragraph 2.
(4) After paragraph 1, insert—
“2. If a transmission system operator is regulated by both national regulatory authorities, where relevant they must cooperate with each other regarding the regulation of that transmission system operator.
3. If a transmission system operator is regulated by a national regulatory authority and a non-UK regulatory authority, where relevant the national regulatory authority must endeavour to cooperate with the non-UK regulatory authority regarding the regulation of that transmission system operator.
4. The interconnection points within the scope of this Regulation are those where transmission system operators or network users carry out functions or activities that are regulated by a national regulatory authority.
5. In any case where a transmission system operator cannot comply with an obligation set out in this Regulation without the cooperation of a non-UK TSO, the obligation must be interpreted as a requirement on the transmission system operator to—
(a)comply with the obligation in so far as it is able to do so without the cooperation of the non-UK TSO; and
(b)endeavour to cooperate with the non-UK TSO in order to comply with that obligation.
6. Paragraph 5 applies so that obligations that apply to transmission system operators at an interconnection point apply to a transmission system operator that is adjacent to a non-UK TSO at an interconnection point.”.
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