NMa Advisory Report on BritNed cable: positive exemption decision requires conditions

On 21 August 2006, the Minister of Economic Affairs asked the Netherlands Competition Authority (NMa) for advice on the exemption application submitted by BritNed Development Ltd for constructing a commercial interconnector (DC transmission cable) between the Netherlands and the United Kingdom.

BritNed Development Ltd is a joint venture of Nlink International B.V., a full subsidiary of TenneT Holding B.V. and National Grid International Ltd, full subsidiary of the UK-based National Grid plc. In its application, BritNed requests exemption from Article 6(6) of the Directive and relevant provisions of national legislation implementing Articles 20 and 23 of the European Directive 2003/54/EG.

On 15 December 2006 the NMa advised the Minister of Economic Affairs to impose conditions in case of a positive exemption decision.

For the exemption decision of the Minister of Economic Affairs, please refer to the Netherlands Government Gazette [Staatscourant] nr. 131, 11 July 2007. This decision is currently being reviewed by the European Commission.