Article 57
EMERGING TECHNOLOGIES
1. With the exception of Article 25 of this Network Code, the requirements of this Network Code shall not apply to Power Generating Modules classified at the date of their connection to a Network as an emerging technology, in accordance with the procedures set forth in this Title. 2. A Power Generating Module shall be eligible to be classified pursuant to Article 60 as an
emerging technology, provided that: - it is of Type A;
- it is a commercially viable Power Generating Module
technology
; and- the accumulated sales of the Power Generating Module technology within a Synchronous Area at the date of application for classification as an emerging technology do not exceed 25% of the maximum level of cumulative Maximum Capacity established according to Article 58(1
) a).
Article 58
ESTABLISHMENT OF THRESHOLDS TO CLASSIFY AS EMERGING TECHNOLOGIES
1. No later than 3 months after the entry into force of this Network Code, all TSOs of a Synchronous Area shall determine, while respecting the provisions of Article 4(3)
a) a maximum level of cumulative Maximum Capacity of Power Generating Modules for emerging technologies in that Synchronous Area; and
b) the allocation of this maximum level of cumulative Maximum Capacity of Power Generating Modules for emerging technologies on a per Member State basis.
2. The maximum level of cumulative Maximum Capacity of Power Generating Modules for emerging technologies in a Synchronous Area according to Article 58(1) a) shall be a single Active Power value calculated as a percentage of the previous annual maximum load in that Synchronous Area at the date of entry into force of this Network Code.
3. The allocation per Member State according to Article 58(1) b) shall be calculated by multiplying the maximum level of cumulative Maximum Capacity of Power Generating Modules for emerging technologies of a Synchronous Area according to Article 58(1) a) with the ratio of previous annual electrical energy generated in the Member State to the total previous annual electrical energy generated in the respective Synchronous Area the Member State belongs to. For Member States partially belonging to different Synchronous Areas, the calculation will done on a pro rata basis for each of these parts and combined to give the total allocation to this Member State.
Article 59
APPLICATION FOR CLASSIFICATION AS AN EMERGING TECHNOLOGY
1. No later than 6 months after the entry into force of the Network Code, manufacturers of Type A Power Generating Modules shall be entitled to submit a request for classification of their Power Generating Module technology as an emerging technology to the National Regulatory Authority in the Member State in which they request their Power Generating Module technology to be classified as an emerging technology.
2. Together with the request pursuant to paragraph 1 the manufacturer shall provide to the relevant National Regulatory Authority the accumulated sales of the respective Power Generating Module technology within the Synchronous Areas at the date of application for classification as an emerging technology.
3. The request submitted pursuant to paragraph 1 shall demonstrate the compliance with the eligibility criteria set forth in Article 57(2) of this Network Code.
ARTICLE 60
ASSESSMENT AND APPROVAL OF REQUESTS FOR CLASSIFICATION AS AN EMERGING TECHNOLOGY 1. Within 12 months after the entry into force of the Network Code, all National Regulatory Authorities of a Synchronous Area shall decide in a coordinated manner which Power Generating Modules, if any, should be classified as an emerging technology. This coordinated decision shall take into account the opinion of the Agency, to be issued within a three month period prior to the decision of the National Regulatory Authorities, following the request of all National Regulatory Authorities of the concerned Synchronous Area.
2. A list of Power Generating Module technologies approved as emerging technologies shall be published by each National Regulatory Authority of a Synchronous Area.
ARTICLE 61
REVOCATION OF CLASSIFICATION AS AN EMERGING TECHNOLOGY
1. Starting from the date of the decision of the National Regulatory Authority pursuant to Article 60(1), the manufacturer of any Power Generating Module technology classified as an emerging technology, shall submit on a monthly basis updates of the sales of the product by Member State in the past month to the National Regulatory Authority The National Regulatory Authority shall make publicly available the cumulative Maximum Capacity of Power Generating Modules classified as emerging technologies.
2. In the event that the cumulative Maximum Capacity of all Power Generating Modules classified as emerging technologies connected to Networks from the date of the decision of the National Regulatory Authority pursuant to Article 60(1) exceeds the threshold established pursuant to Article 58(3), the classification as an emerging technology shall be revoked by the National Regulatory Authority. The revocation decision shall be published.
3. Without prejudice to the above, all National Regulatory Authorities of a Synchronous Area may decide in a coordinated manner to revoke a classification as emerging technology. This coordinated decision shall take into account the opinion of the Agency, to be issued within a
three month period prior to the decision of the National Regulatory Authorities, following the request of all National Regulatory Authorities of the concerned Synchronous Area. The revocation decision shall be published by each National Regulatory Authority of a Synchronous Area.
4. Power Generating Modules classified as emerging technologies and connected to the Network prior to the day of revocation of this classification as an emerging technology shall be considered as Existing Power Generating Modules and shall therefore be subject to the requirements of this Network Code only pursuant to the provisions of Article 3(2), Article 3(3), Article 3(4) and Article 33 of this Network Code.