3. The regulatory authority may, on a case-by-case basis, decide on the exemption referred to in paragraphs 1 and 2.
Before the adoption of the decision on the exemption, the regulatory authority, or, where appropriate, another competent authority of the Member State concerned, shall consult:
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(a)
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the regulatory authorities of the Member States the markets of which are likely to be affected by the new infrastructure; and
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(b)
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the relevant authorities of the third countries, where the infrastructure concerned is connected with the Union network under the jurisdiction of a Member State, and originates from or ends in one or more third countries.
Where the third-country authorities consulted do not respond to the consultation within a reasonable period or by a set deadline not exceeding three months, the regulatory authority concerned may adopt the necessary decision.
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