(1)   

The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 14 November 2018 under Article 102 of the Treaty on the Functioning of the European Union (‘TFEU’) and Article 54 of the EEA Agreement.

(2)   

The Advisory Committee agrees with the Commission that the proceedings concerning TenneT TSO GmbH (TenneT) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.

(3)   

The majority of the Advisory Committee agrees with the Commission that the commitments offered by TenneT are suitable, necessary and proportionate and should be made legally binding on TenneT.

(4)   

The Advisory Committee agrees with the Commission that, in light of the commitments offered by TenneT, there are no longer grounds for action by the Commission against TenneT, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.

(5)   

The Advisory Committee asks the Commission to take into account any other points raised during the discussion.

(6)   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.