The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019

5.—(1) Article 5 is amended as follows. U.K.

(2) In paragraph 1—

(a) in the first subparagraph, for “Each Member State or, where a Member State so provides, its competent authority” substitute “ The Secretary of State ”;

(b) in the second subparagraph, for the words from “the obligations of” to the end, substitute “ the relevant obligations of transmission system operators ”;

(c) at the end, insert as a new subparagraph—

“For the purposes of the preceding subparagraph, a “relevant obligation” is—

(a) an obligation laid down in the Gas Regulation;

(b) an obligation imposed before [F1 IP completion day] for the purpose of implementing Directive 2009/73/EC (including such an obligation as modified on or after [F1 IP completion day]); or

(c) an obligation imposed on or after [F1 IP completion day] which is the same as or similar to an obligation which could have been imposed before [F1 IP completion day] for the purpose of implementing Directive 2009/73/EC.”.

(3) In paragraph 2, for “competent authority” substitute “ Secretary of State ”.

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) in the words before subparagraph (a)—

(i) for “The transmission system operators shall” substitute “ The transmission system operators must endeavour to ”;

(ii) for “on all interconnections between Member States”, substitute “ on all interconnections between the United Kingdom and member States ”;

(b) in subparagraph (b), omit “other Member States and with the Commission”; and

(c) in the words after subparagraph (b), in the second sentence, for “The Commission” substitute “ The Secretary of State ”.

(6) In paragraph 5, in the words before subparagraph (a), omit from “prepared” to “and shall be”.

(7) In paragraph 6—

(a) for “National regulatory authorities” substitute “ The regulatory authority ”; and

(b) for the words from “the tariffs” to the end, substitute “ the tariffs of transmission system operators or the methodologies used to calculate them ”.

(8) For paragraph 7, substitute—

“7.   In so far as an investment for enabling or enhancing bi-directional capacity is not required by the market but is considered to be necessary for security of gas supply purposes and where that investment incurs costs in the United Kingdom and a member State or in the United Kingdom for the benefit of a member State, the regulatory authority must endeavour to take a coordinated decision on cost allocation with the national regulatory authorities of the member States concerned before any investment decision is taken.

The cost allocation must take into account the proportion of the benefits of the infrastructure investments for the increase of the security of gas supply in the United Kingdom as well as investments already made in the infrastructure in question.

The cost allocation must not unduly distort competition and the effective functioning of the market in the United Kingdom and must seek to avoid any undue distortive effect on the market.”.

(9) In paragraph 8—

(a) for each occurrence of “competent authority” substitute “ Secretary of State ”; and

(b) in the second subparagraph, omit from “and the single largest gas infrastructure” to the end.

(10) Omit paragraph 9.

Textual Amendments

F1 Words in Sch. 1 para. 5 substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 4(2)

Commencement Information

I1 Sch. 1 para. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)