5. By way of derogation from paragraphs 1 and 4 of this Article, regulatory authorities may decide not to apply discounts or to lay down discounts lower than those laid down in paragraphs 1 and 4 of this Article, provided that such a derogation is in line with the general tariff principles as set out in Article 17 and in particular the principle of cost-reflectiveness, where one of the following criteria is met:
|
(a)
|
the derogation is necessary for the efficient operation of the transmission system, to ensure a stable financial framework for existing investments or to avoid undue cross-subsidies, distortion to cross-border trade or an ineffective inter-transmission-system-operator compensation mechanism;
|
|
(b)
|
the application of discounts laid down in paragraphs 1 and 4 is not necessary due to the degree of advancement of the roll-out of renewable gas and low-carbon gas in the Member State concerned or the existence of alternative support mechanisms for scaling-up the use of renewable gas or low-carbon gas.
|