(1) Where the Regulator, on the basis of the net cost calculation referred to in Regulation 75, finds that the net cost of meeting an obligation under Regulations 70 to 73 represents an unfair burden on an undertaking it shall, unless the Minster intends to introduce a mechanism to compensate the undertaking for the determined net costs under transparent conditions from public funds, establish a sharing mechanism administered by it or by a body independent from the designated undertakings, which body shall be under the supervision of the Regulator. Only the net cost, as determined in accordance with Regulation 75, of the obligations provided for in Regulations 70 to 73 may be financed.

(2) Any sharing mechanism established under paragraph (1) shall respect the principles of transparency, least market distortion, non-discrimination and proportionality in accordance with the principles of Part B of Schedule 6. The Regulator may decide not to require contributions from undertakings whose audited national turnover is less than such amount as may, from time to time, be specified by the Regulator, having regard to any views expressed to it under any consultations carried out in accordance with Regulations 101 and 102, as appropriate.