PART IIGAS SUPPLY AND ASSOCIATED ACTIVITIES

Major pipe-lines, gas storage facilities and gas processing facilities

F1Requirements for major F2pipe-linesetc38A

1

A consent under

a

Article 35 in relation to the construction of a major F3pipe-line; F5...

b

Article 37 in relation to the construction of a gas storage facility F6; or

F7c

Article 37A in relation to the construction of an LNG facility,

shall not be granted unless the F3pipe-line or facility, as the case may be, meets the published criteria and may be granted subject to such conditions as appear to F8the Authority or the Department (as the case may be) to be necessary or expedient to ensure that it does so.

2

Any direction under Article 36 in relation to the modification of a F3pipe-line shall not be granted unless the modification meets the published criteria and may be granted subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

3

Any direction given under F9Article 38 in relation to an increase in the capacity of a gas storage facility shall not be granted unless the facility F10as intended to be modified meets the published criteria and may be granted subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

F113A

Any direction under Article 38B in relation to an increase in the capacity of an LNG facility shall not be given unless the facility as intended to be modified meets the published criteria, and may be given subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

4

Where the Authority refuses to grant an application for a consent under Article 35 or 37 or a direction under F12Article 36, 38 or 38B, the authority shall by notice in writing—

a

inform the person making the application of the fact;

b

give him the reasons for that refusal; and

c

inform him of any right to challenge the refusal.

F134A

Where the Department refuses to grant an application for a consent under Article 37A it shall by notice in writing—

a

inform the person making the application (“the applicant”) of the fact;

b

give the applicant the reasons for that refusal; and

c

inform the applicant of any right to challenge the refusal.

F144B

Where the Authority or the Department refuses to grant an application mentioned in paragraph (4) or (4A), the Authority or (as the case may be) the Department shall inform the European Commission by notice in writing of the reasons for the refusal.

5

In this Article “published criteria” means F15objective and non-discriminatory criteria determined by the Department from time to time F16... and published by it.

6

This Article does not apply in relation to any F4pipe-line or facility to which Article 2 of the Commission Decision applies.