Commission Regulation (EU) 2016/1447 of 26 August 2016 establishing a network code on requirements for grid connection of high voltage direct current systems and direct current-connected power park modules (Text with EEA relevance)

An ION shall be issued by the relevant system operator subject to the completion of the data and study review process.

For the purpose of the completion of data and study review, the HVDC system owner or HVDC converter unit owner shall provide the following upon request from the relevant system operator:

Except where paragraph 5 applies, the maximum period for the HVDC system owner or HVDC converter unit owner to remain in the ION status shall not exceed twenty four months. The relevant system operator may specify a shorter ION validity period. The ION validity period shall be notified to the regulatory authority in accordance with the applicable national regulatory framework. ION extension shall be granted only if the HVDC system owner demonstrates substantial progress towards full compliance. At the time of ION extension, the outstanding issues shall be explicitly identified.

The maximum period for an HVDC system owner or HVDC converter unit owner to remain in the ION status may be extended beyond 24 months upon request for a derogation made to the relevant system operator in accordance with the procedure in Title VII. The request shall be made before the expiry of the twenty four month period.

A FON shall entitle an HVDC system owner to operate the HVDC system or HVDC converter units by using the grid connection points.

A FON shall be issued by the relevant system operator upon prior removal of all incompatibilities identified for the purpose of the ION status and subject to the completion of the data and study review process.

For the purpose of the completion of data and study review, the HVDC system owner shall provide the following upon request from the relevant system operator in coordination with the relevant TSO:

In case of incompatibility identified for the purpose of the granting of the FON, a derogation may be granted upon a request to the relevant system operator, in accordance with Articles 79 and 80. A FON shall be issued by the relevant system operator, if the HVDC system is compliant with the provisions of the derogation.

HVDC system owners to whom a FON has been granted shall inform the relevant system operator immediately in the following circumstances:

The HVDC system owner shall apply to the relevant system operator for a limited operational notification (LON) if the HVDC system owner reasonably expects the circumstances detailed in paragraph 1 to persist for more than three months.

A LON shall be issued by the relevant system operator with a clear identification of:

The FON shall be suspended during the period of validity of the LON with regard to the subjects for which the LON has been issued.

A further prolongation of the period of validity of the LON may be granted upon request for a derogation made to the relevant system operator before the expiry of that period, in accordance with Articles 79 and 80.

The relevant system operator may refuse the operation of the HVDC system if the LON terminates and the circumstance which caused it to be issued remains. In such a case the FON shall automatically be invalid.

If the relevant system operator does not grant an extension of the period of validity of the LON in accordance with paragraph 5 or if it refuses to allow the operation of the HVDC system once the LON is no longer valid in accordance with paragraph 6, the HVDC system owner may refer the issue for decision to the regulatory authority within six months after the notification of the decision of the relevant system operator.

The provisions of this Chapter shall apply to new DC-connected power park modules only.

The DC-connected power park module owner shall demonstrate to the relevant system operator its compliance with the requirements referred to in Title III at the respective connection points by successfully completing the operational notification procedure for connection of the DC-connected power park module in accordance with Articles 61 through to 66.

The relevant system operator shall specify further details of the operational notification procedure and make those details publically available.

The operational notification procedure for connection for each new DC-connected power park module shall comprise:

An EON shall entitle the owner of a DC-connected power park module to energise its internal network and auxiliaries by using the grid connection that is specified by the connection points.

An EON shall be issued by the relevant system operator, subject to completion of preparation including agreement on the protection and control settings relevant to the connection points between the relevant system operator and the DC-connected power park module.

An ION shall entitle the DC-connected power park module owner to operate the DC-connected power park module and generate power by using the grid connection for a limited period of time.

An ION shall be issued by the relevant system operator, subject to the completion of the data and study review process.

With respect to data and study review, the DC-connected power park module owner shall provide the following upon request from the relevant system operator:

Except where paragraph 5 applies, the maximum period for the DC-connected power park module owner to remain in the ION status shall not exceed twenty-four months. The relevant system operator may specify shorter ION validity. The ION validity period shall be notified to the regulatory authority in accordance with the applicable national regulatory framework. ION extensions shall be granted only if the DC-connected power park module owner demonstrates substantial progress towards full compliance. At the time of ION extension, any outstanding issues shall be explicitly identified.

The maximum period for a DC-connected power park module owner to remain in the ION status may be extended beyond 24 months upon request for a derogation made to the relevant system operator in accordance with the procedure in Title VII.

A FON shall entitle the DC-connected power park module owner to operate the DC-connected power park module by using the grid connection that is specified by the connection point.

A FON shall be issued by the relevant system operator, upon prior removal of all incompatibilities identified for the purpose of the ION status and subject to the completion of the data and study review process as required by this Regulation.

For the purpose of the completion of data and study review, the DC-connected power park module owner shall provide the following upon request from the relevant system operator:

In case of incompatibility identified for the purpose of the granting of the FON, a derogation may be granted upon request made to the relevant system operator, in accordance with the derogation procedure according to Title VII. A FON shall be issued by the relevant system operator, if the DC-connected power park module is compliant with the provisions of the derogation. The relevant system operator shall have the right to refuse the operation of the DC-connected power park module, whose owner's request for a derogation was rejected, until the DC-connected power park module owner and the relevant system operator have resolved the incompatibility and the DC-connected power park module is considered to be compliant by the relevant system operator.

DC-connected power park module owners to whom a FON has been granted shall inform the relevant system operator immediately in the following circumstances:

The DC-connected power park module owner shall apply to the relevant system operator for a limited operational notification (LON), if the DC-connected power park module owner reasonably expects the circumstances detailed in paragraph 1 to persist for more than three months.

A LON shall be issued by the relevant TSO with a clear identification of:

The FON shall be suspended during the period of validity of the LON with regard to the subjects for which the LON has been issued.

A further prolongation of the period of validity of the LON may be granted upon request for a derogation made to the relevant system operator, before the expiry of that period, in accordance with the derogation procedure described in Title VII.

The relevant system operator may refuse the operation of the DC-connected power park module if the LON terminates and the circumstance which caused it to be issued remains. In such a case the FON shall automatically be invalid.

Prior to the application of any requirement set out in this Regulation to existing HVDC systems or DC-connected power park modules in accordance with paragraph 3 of Article 4, the relevant TSO shall undertake a qualitative comparison of costs and benefits related to the requirement under consideration. This comparison shall take into account available network-based or market-based alternatives. The relevant TSO may only proceed to undertake a quantitative cost-benefit analysis in accordance with paragraphs 2 to 5, if the qualitative comparison indicates that the likely benefits exceed the likely costs. If, however, the cost is deemed high or the benefit is deemed low, then the relevant TSO shall not proceed further.

Following a preparatory stage undertaken in accordance with paragraph 1, the relevant TSO shall carry out a quantitative cost-benefit analysis of any requirement under consideration for application to existing HVDC systems or DC-connected power park modules that have demonstrated potential benefits as a result of the preparatory stage according to paragraph 1.

Within three months of concluding the cost-benefit analysis, the relevant TSO shall summarise the findings in a report which shall:

No later than six months after the end of the public consultation, the relevant TSO shall prepare a report explaining the outcome of the consultation and making a proposal on the applicability of the requirement under consideration to existing HVDC systems or DC-connected power park modules. The report and proposal shall be notified to the regulatory authority or, where applicable, the Member State, and the HVDC system owner, DC-connected power park module owner or, where applicable, third party shall be informed on its content.

The proposal made by the relevant TSO to the regulatory authority or, where applicable, the Member State pursuant to paragraph 4 shall include the following:

HVDC system owners, DC-connected power park module owners and DSOs, including CDSOs, shall assist and contribute to the cost-benefit analysis undertaken according to Article 65 and 80 and provide the necessary data as requested by the relevant system operator or relevant TSO within three months of receiving a request, unless agreed otherwise by the relevant TSO. For the preparation of a cost-benefit-analysis by a HVDC system owner or DC-connected power park module owner, or their prospective owner, assessing a potential derogation pursuant to Article 79, the relevant TSO and DSO, including CDSO, shall assist and contribute to the cost-benefit analysis and provide the necessary data as requested by the HVDC system owner or DC-connected power park module owner, or their prospective owner, within three months of receiving a request, unless agreed otherwise by the HVDC system owner or DC-connected power park module owner, or their prospective owner.

A cost-benefit analysis shall be in line with the following principles:

Testing of the performance of HVDC systems and DC-connected power park modules shall aim at demonstrating that the requirements of this Regulation have been complied with.

Notwithstanding the minimum requirements for compliance testing set out in this Regulation, the relevant system operator is entitled to:

The HVDC system owner or DC-connected power park module owner is responsible for carrying out the tests in accordance with the conditions laid down in Chapter 2 of Title VI. The relevant system operator shall cooperate and not unduly delay the performance of the tests.

The relevant system operator may participate in the compliance testing either on site or remotely from the system operator's control centre. For that purpose, the HVDC system owner or DC-connected power park module owner shall provide the monitoring equipment necessary to record all relevant test signals and measurements as well as ensure that the necessary representatives of the HVDC system owner or DC-connected power park module owner available on site for the entire testing period. Signals specified by the relevant system operator shall be provided if, for selected tests, the system operator wishes to use its own equipment to record performance. The relevant system operator has sole discretion to decide about its participation.

Simulation of the performance of HVDC systems and DC-connected power park modules shall aim at demonstrating that the requirements of this Regulation have been fulfilled.

Notwithstanding the minimum requirements set out in this Regulation for compliance simulation, the relevant system operator may:

To demonstrate compliance with the requirements of this Regulation, the HVDC system owner and DC-connected power park module owner shall provide a report with the simulation results. The HVDC system owner and DC-connected power park module owner shall produce and provide a validated simulation model for a given HVDC system or DC-connected power park module. The scope of the simulation models is set out in Articles 38 and 54.

The relevant system operator shall have the right to check that a HVDC system and DC-connected power park module complies with the requirements of this Regulation by carrying out its own compliance simulations based on the provided simulation reports, simulation models and compliance test measurements.

The relevant system operator shall provide the HVDC system owner or DC-connected power park module owner with technical data and a simulation model of the network, to the extent necessary to carry out the requested simulations in accordance with Chapter 3 of Title VI.

The HVDC system owner shall ensure that the HVDC system and HVDC converter stations are compliant with the requirements provided for by this Regulation. This compliance shall be maintained throughout the lifetime of the facility.

The DC-connected power park module owner shall ensure that the DC-connected power park module is compliant with the requirements under this Regulation. This compliance shall be maintained throughout the lifetime of the facility.

Planned modifications of the technical capabilities of the HVDC system, HVDC converter station or DC-connected power park module with possible impact on its compliance to the requirements under this Regulation shall be notified to the relevant system operator by the HVDC system owner or DC-connected power park module owner before initiating such modification.

Any operational incidents or failures of an HVDC system, HVDC converter station or DC-connected power park module that have impact on its compliance to the requirements of this Regulation shall be notified to the relevant system operator by the HVDC system owner or DC-connected power park module owner as soon as possible without any delay after the occurrence of such an incident.

Any foreseen test schedules and procedures to verify compliance of an HVDC system, HVDC converter station or DC-connected power park module with the requirements of this Regulation shall be notified to the relevant system operator by the HVDC system owner or DC-connected power park module owner in due time and prior to their launch and shall be approved by the relevant system operator.

The relevant system operator shall be facilitated to participate in such tests and may record the performance of the HVDC systems, HVDC converter stations or DC-connected power park modules.

The relevant system operator shall assess the compliance of an HVDC system, HVDC converter station and DC-connected power park module with the requirements under this Regulation throughout the lifetime of the HVDC system, HVDC converter station or DC-connected power park module. The HVDC system owner or DC-connected power park module owner shall be informed of the outcome of this assessment.

Where requested by the relevant system operator, the HVDC system owner or DC-connected power park module owner shall carry out compliance tests and simulations, not only during the operational notification procedures according to Title V, but repeatedly throughout the lifetime of the HVDC system, HVDC converter station or DC-connected power park module according to a plan or general scheme for repeated tests and specified simulations or after any failure, modification or replacement of any equipment that may have impact on the compliance with the requirements under this Regulation. The HVDC system owner or DC-connected power park module owner shall be informed of the outcome of these compliance tests and simulations.

The relevant system operator shall make publicly available the list of information and documents to be provided as well as the requirements to be fulfilled by the HVDC system owner or DC-connected power park module owner in the frame of the compliance process. Such list shall cover at least the following information, documents and requirements:

The relevant system operator shall make publicly available the allocation of responsibilities to the HVDC system owner or DC-connected power park module owner and to the system operator for compliance testing, simulation and monitoring.

The relevant system operator may partially or totally assign the performance of its compliance monitoring to third parties. In this case, the relevant system operator shall ensure compliance with Article 10 by appropriate confidentiality commitments with the assignee.

The relevant system operator shall not unreasonably withhold any operational notification in accordance with Title V, if compliance tests or simulations cannot be performed as agreed between the relevant system operator and the HVDC system owner or DC-connected power park module owner due to reasons which are in the sole control of the relevant system operator.

The relevant system operator shall provide the relevant TSO when requested the compliance test and simulation results referred to in this Chapter.

Equipment certificates may be used instead of part of the tests below, on the condition that they are provided to the relevant system operator.

With regard to the reactive power capability test:

With regard to the voltage control mode test:

With regard to the reactive power control mode test:

With regard to the power factor control mode test:

With regard to the FSM response test:

With regard to the LFSM-O response test:

With regard to the LFSM-U response test:

With regard to the active power controllability test:

With regard to the ramping rate modification test:

With regard to the black start test, if applicable:

Equipment certificates may be used instead of part of the tests below, on the condition that they are provided to the relevant system operator.

With regard to the reactive power capability test of DC-connected power park modules:

With regard to the reactive power capability test of remote-end HVDC converter units:

With regard to the voltage control mode test:

With regard to the reactive power control mode test:

With regard to the power factor control mode test:

With regard to the tests identified in paragraphs 4, 5 and 6 the relevant TSO may select only two of the three control options for testing.

With regard to LFSM-O response of DC-connected power park module, the tests shall be carried out in accordance with Article 47(3) of Regulation (EU) 2016/631.

With regard to LFSM-U response of DC-connected power park module, the tests shall be carried out in accordance with Article 48(3) of Regulation (EU) 2016/631.

With regard to active power controllability of DC-connected power park module, the tests shall be carried out in accordance with 48(2) of Regulation (EU) 2016/631.

With regard to FSM response of DC-connected power park module, the tests shall be carried out in accordance with Article 48(4) of Regulation (EU) 2016/631.

With regard to frequency restoration control of DC-connected power park module, the tests shall be carried out in accordance with Article 45(5) of Regulation (EU) 2016/631.

With regard to fast signal response of DC-connected power park module, the test shall be deemed passed if the DC-connected power park module can demonstrate its response within the time specified in Article 39(1)(a).

With regard to tests for DC-connected power park modules where the AC collection network is not at nominal 50 Hz frequency, the relevant system operator, in coordination with the relevant TSO, shall agree with the DC-connected power park module owner the compliance tests required.

Equipment certificates may be used instead of part of the simulations below, on the condition that they are provided to the relevant system operator.

With regard to the fast fault current injection simulation:

With regard to the fault-ride-through capability simulation:

With regard to the post fault active power recovery simulation:

With regard to the reactive power capability simulation:

With regard to the power oscillations damping control simulation:

With regard to the simulation of active power modification in case of disturbance:

With regard to the fast active power reversal simulation, as applicable:

DC-connected power park modules are subject to the compliance simulations detailed in this Article. Equipment certificates may be used instead of part of the simulations described below, on the condition that they are provided to the relevant system operator.

With regard to the fast fault current injection simulation:

With regard to the post fault active power recovery simulation:

With regard to the reactive power capability simulation of DC-connected power park modules:

With regard to the reactive power capability simulation of remote-end HVDC converter units:

With regard to the power oscillations damping control simulation:

With regard to fault-ride-through capability simulation:

No later than six months after the entry into force of this Regulation, the ENTSO for Electricity shall prepare and thereafter every two years provide non-binding written guidance to its members and other system operators concerning the elements of this Regulation requiring national decisions. The ENTSO for Electricity shall publish this guidance on its website.

ENTSO for Electricity shall consult stakeholders when providing non-binding guidance.

The non-binding guidance shall explain the technical issues, conditions and interdependencies which need to be considered when complying with the requirements of this Regulation at national level.

ENTSO for Electricity shall monitor the implementation of this Regulation in accordance with Article 8(8) of Regulation (EC) No 714/2009. Monitoring shall cover in particular the following matters:

The Agency, in cooperation with ENTSO for Electricity, shall produce by 12 months after the entry into force of this Regulation a list of the relevant information to be communicated by ENTSO for Electricity to the Agency in accordance with Article 8(9) and Article 9(1) of Regulation (EC) No 714/2009. The list of relevant information may be subject to updates. ENTSO for Electricity shall maintain a comprehensive, standardised format, digital data archive of the information required by the Agency.

Relevant TSOs shall submit to ENTSO for Electricity the information required to perform the tasks referred to in paragraphs 1 and 2.

Where ENTSO for Electricity or the Agency establish areas subject to this Regulation where, based on market developments or experience gathered in the application of this Regulation, further harmonisation of the requirements under this Regulation is advisable to promote market integration, they shall propose draft amendments to this Regulation pursuant to Article 7(1) of Regulation (EC) No 714/2009.

Regulatory authorities may, at the request of a HVDC system owner or DC-connected power park module owner, or their prospective owner, relevant system operator or relevant TSO, grant HVDC system owners or DC-connected power park module owners, or their prospective owner, relevant system operators or relevant TSOs derogations from one or more provisions of this Regulation for new and existing HVDC system and/or DC-connected power park modules in accordance with Articles 78 to 82.

Where applicable in a Member State, derogations may be granted and revoked in accordance with Articles 78 to 81 by other authorities than the regulatory authority.

Each regulatory authority shall specify, after consulting relevant system operators, HVDC system owners and DC-connected power park module owners and other stakeholders whom it deems affected by this Regulation, the criteria for granting derogations pursuant to Articles 79 to 81. It shall publish those criteria on its website and notify them to the Commission within nine months of the entry into force of this Regulation. The Commission may require a regulatory authority to amend the criteria if it considers that they are not in line with this Regulation. This possibility to review and amend the criteria for granting derogations shall not affect the derogations already granted which shall continue to apply until the scheduled expiry date as detailed in the decision granting the exemption.

If the regulatory authority deems that it is necessary due to a change in circumstances relating to the evolution of system requirements, it may review and amend at most once every year the criteria for granting derogations in accordance with paragraph 1. Any changes to the criteria shall not apply to derogations for which a request has already been made.

The regulatory authority may decide that HVDC systems or DC-connected power park modules for which a request for a derogation has been filed pursuant to Articles 79 to 81 do not need to comply with the requirements of this Regulation from which a derogation has been sought from the day of filing the request until the regulatory authority's decision is issued.

HVDC system owners and DC-connected power park module owners, or their prospective owner, may request a derogation to one or several requirements of this Regulation.

A request for a derogation shall be filed with the relevant system operator and include:

Within two weeks of receipt of a request for a derogation, the relevant system operator shall confirm to the HVDC system owner or DC-connected power park module owner, or their prospective owner, whether the request is complete. If the relevant system operator considers that the request is incomplete, the HVDC system owner or DC-connected power park module owner, or their prospective owner, shall submit the additional required information within one month from the receipt of the request for additional information. If the HVDC system owner or DC-connected power park module owner, or their prospective owner, does not supply the requested information within that time limit, the request for a derogation shall be deemed withdrawn.

The relevant system operator shall, in coordination with the relevant TSO and any affected adjacent DSO or DSOs, assess the request for a derogation and the provided cost-benefit analysis, taking into account the criteria determined by the regulatory authority pursuant to Article 78.

If a request for a derogation concerns a HVDC system or DC-connected power park module connected to a distribution system, including a closed distribution system, the relevant system operator's assessment must be accompanied by an assessment of the request for a derogation by the relevant TSO. The relevant TSO shall provide its assessment within two months of being requested to do so by the relevant system operator.

Within six months of receipt of a request for a derogation, the relevant system operator shall forward the request to the regulatory authority and submit the assessment(s) prepared in accordance with paragraphs 4 and 5. That period may be extended by one month where the relevant system operator seeks further information from the HVDC system owner or DC-connected power park module owner, or their prospective owner, and by two months where the relevant system operator requests the relevant TSO to submit an assessment of the request for a derogation.

The regulatory authority shall adopt a decision concerning any request for a derogation within six months from the day after it receives the request. That time limit may be extended by three months before its expiry where the regulatory authority requires further information from the HVDC system owner or DC-connected power park module owner, or their prospective owner, or from any other interested parties. The additional period shall begin when the complete information has been received.

The HVDC system owner or DC-connected power park module owner, or their prospective owner, shall submit any additional information requested by the regulatory authority within two months of such request. If the HVDC system owner or DC-connected power park module owner, or the prospective owner, does not supply the requested information within that time limit, the request for a derogation shall be deemed withdrawn unless, before its expiry:

The regulatory authority shall issue a reasoned decision concerning a request for a derogation. Where the regulatory authority grants a derogation, it shall specify its duration.

The regulatory authority shall notify its decision to the HVDC system owner or DC-connected power park module owner, or their prospective owner, the relevant system operator and the relevant TSO.

A regulatory authority may revoke a decision granting a derogation if the circumstances and underlying reasons no longer apply or upon a reasoned recommendation of the Commission or reasoned recommendation by the Agency pursuant to Article 83(2).

Relevant system operators or relevant TSOs may request a derogation for classes of HVDC systems or DC-connected power park modules connected or to be connected to their network.

Relevant system operators or relevant TSOs shall submit their requests for a derogation to the regulatory authority. Each request for a derogation shall include:

Where the request for a derogation is submitted by a relevant DSO or CDSO, the regulatory authority shall, within two weeks from the day after receipt of that request, ask the relevant TSO to assess the request for a derogation in the light of the criteria determined by the regulatory authority pursuant to Article 78.

Within two weeks from the day after the receipt of such request for assessment, the relevant TSO shall confirm to the relevant DSO or CDSO whether the request for a derogation is complete. If the relevant TSO considers that it is incomplete, the relevant DSO or CDSO shall submit the required additional information within one month from the receipt of the request for additional information.

Within six months of receipt of a request for a derogation, the relevant TSO shall submit to the regulatory authority its assessment, including any relevant documentation. The six-month time limit may be extended by one month where the relevant TSO seeks further information from the relevant DSO or from the relevant CDSO.

The regulatory authority shall adopt a decision concerning a request for a derogation within six months from the day after it receives the request. Where the request for a derogation is submitted by the relevant DSO or CDSO, the six-month time limit runs from the day following receipt of the relevant TSO's assessment pursuant to paragraph 5.

The six-month time limit referred to in paragraph 6 may, before its expiry, be extended by an additional three months where the regulatory authority requests further information from the relevant system operator requesting the derogation or from any other interested parties. That additional period shall run from the day following the date of receipt of the complete information.

The regulatory authority shall issue a reasoned decision concerning a request for a derogation. Where the regulatory authority grants a derogation, it shall specify its duration.

The regulatory authority shall notify its decision to the relevant system operator requesting the derogation, the relevant TSO and the Agency.

Regulatory authorities may lay down further requirements concerning the preparation of requests for derogations by relevant system operators. In doing so, regulatory authorities shall take into account the delineation between the transmission system and the distribution system at the national level and shall consult with system operators, HVDC system owners, DC-connected power park module owners and stakeholders, including manufacturers.

A regulatory authority may revoke a decision granting a derogation if the circumstances and underlying reasons no longer apply or upon a reasoned recommendation of the Commission or reasoned recommendation by the Agency pursuant to Article 83(2).

A request for a derogation to the provisions of Article 40(1)(b) and (c), Article 40(2)(a) and (b), and Articles 41 to 45 shall not be subject to Article 79(2)(d) and (e) where it relates to a DC-connected power park module that has, or will have, a single connection to a single synchronous area.

The regulatory authority may attach any conditions to a decision concerning request for a derogation referred to in paragraph 1. This may include a condition that the development of the connection into a multi-terminal network, or that connection of a further power park module at the same point, will cause the derogation to be evaluated by the regulatory authority or to expire. The regulatory authority shall take into account the need to optimise the configuration between the DC-connected power park module and the remote-end HVDC converter station, as well as the legitimate expectations of the DC-connected power park module owner when adopting a decision concerning a request for a derogation.

Regulatory authorities shall maintain a register of all derogations they have granted or refused and shall provide the Agency with an updated and consolidated register at least once every six months, a copy of which shall be given to ENTSO for Electricity.

The register shall contain, in particular:

The Agency shall monitor the procedure of granting derogations with the cooperation of the regulatory authorities or relevant authorities of the Member State. Those authorities or relevant authorities of the Member State shall provide the Agency with all the information necessary for that purpose.

The Agency may issue a reasoned recommendation to a regulatory authority to revoke a derogation due to a lack of justification. The Commission may issue a reasoned recommendation to a regulatory authority or relevant authority of the Member State to revoke a derogation due to a lack of justification.

The Commission may request the Agency to report on the application of paragraphs 1 and 2 and to provide reasons for requesting or not requesting derogations to be revoked.

Regulatory authorities shall ensure that all relevant clauses in contracts and general terms and conditions relating to the grid connection of new HVDC systems or new DC-connected power park modules are brought into compliance with the requirements of this Regulation.

All relevant clauses in contracts and relevant clauses of general terms and conditions relating to the grid connection of existing HVDC systems or existing DC-connected power park modules subject to all or some of the requirements of this Regulation in accordance with paragraph 1 of Article 4 shall be amended in order to comply with the requirements of this Regulation. The relevant clauses shall be amended within three years following the decision of the regulatory authority or Member State as referred to in Article 4(1).

Regulatory authorities shall ensure that national agreements between system operators and owners of new or existing HVDC systems and DC-connected power park modules subject to this Regulation and relating to grid connection requirements for HVDC systems and DC-connected power park modules, in particular in national network codes, reflect the requirements set out in this Regulation.

Where an HVDC system to which the requirements of this Regulation apply is connecting synchronous areas or control areas, with at least one synchronous area or one control area not falling under the scope of application of Union legislation, the relevant TSO or, where applicable, the HVDC system owner shall endeavour to implement an agreement to ensure that the owners of HVDC systems with no legal obligation to comply with this Regulation also cooperate to fulfil the requirements.

If an agreement as referred to in paragraph 1 cannot be implemented, the relevant TSO or, as the case may be, the HVDC system owner concerned shall use all available means to comply with the requirements of this Regulation.