33The right of Member States to choose to install such an independent transmission system operator is laid down in Article 9(8)(b) of Directive 2009/72. In accordance with that provision, where on 3 September 2009 the transmission system belongs to a vertically integrated undertaking, a Member State may decide not to apply Article 9(1) of the directive, on the unbundling of ownership. That choice entails an obligation for the Member State concerned to comply with the requirements of Chapter V of the directive, which comprises Articles 17 to 23, on independent transmission system operators.
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