48Next, Article 17 of Regulation No 714/2009, which exempts new interconnectors from the provisions of Article 16(6) of that regulation, provides, in paragraph 1(c) thereof, that, in order to benefit from that exemption, the interconnector in question must be owned by a natural or legal person which is separate from the system operators in whose systems that interconnector will be built. It is apparent from the preparatory works for Regulation (EC) No 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity (OJ 2003 L 176, p. 1), which was repealed and replaced by Regulation No 714/2009, in particular from the explanatory memorandum to the amended Proposal for a Regulation of the European Parliament and of the Council on conditions for access to the network for cross-border exchanges in electricity (COM(2002) 304 final), that that provision is aimed at interconnectors where the investor cannot rely on charges made for the use of the networks linked by the interconnector.
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