The Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019

Regulation 4

SCHEDULE 2 Amendments to the Emergency and Restoration Regulation

1.  The Emergency and Restoration Regulation is amended as follows.

2.  In Article 1, in point (b), omit “across the Union”.

3.—(1) Article 2 is amended as follows.

(2) In paragraph 1—

(a) after “balance responsible parties,” insert “and”;

(b) omit the words from “, nominated electricity market operators” to the end of the sentence.

(3) In paragraph 6—

(a) at the beginning of the sentence insert, “Except for Article 10,”;

(b) for the words from “in the Union” to the end of the sentence substitute “within the jurisdiction of Great Britain.”.

(4) In paragraph 7—

(a) for the first sentence, substitute “Except for Article 10, this Regulation shall apply to all transmission system operators within Great Britain.”;

(b) in the second sentence, for “Member States” substitute “the regulatory authority”.

(5) After paragraph 7 insert—

“7A.   Article 10 applies to TSOs in Northern Ireland.”.

(6) Omit paragraph 8.

4.—(1) Article 3 is amended as follows.

(2) At the beginning insert—

“1.   In this Regulation—

(a) any reference to Commission Regulation (EU) 2016/631, Commission Regulation (EU) 2016/1388 or Commission Regulation 2016/1447 is a reference to that Regulation as it applied in EU law immediately before exit day; and

(b) any reference to a mandatory requirement under any of those Regulations is to be treated as a reference to a requirement under that Regulation which, immediately before exit day, was a mandatory requirement for TSOs in Great Britain.”.

(3) Number the first existing paragraph as paragraph 2, and in that paragraph—

(a) at the beginning of the sentence insert, “Except where stated in this Article,”;

(b) omit “Article 2 of Directive 2009/72/EC of the European Parliament and of the Council,”;

(c) omit the words from “, Article 2 of Regulation (EU) 2015/1222” to “Article 2 of Regulation (EU) 2016/1719,”.

(4) Number the second existing paragraph as paragraph 3, and in that paragraph after point (13) insert—

“(14) “regulatory authority” means the Gas and Electricity Markets Authority.

(15) “SGU” or “significant grid user” means an electricity grid user of a kind specified in Article 2(1) of Commission Regulation (EU) 2017/1485.”.

(5) After paragraph 3 insert—

“4.   The following expressions have the meanings given in Article 2 of Commission Regulation (EU) 2016/631—

‘active power’;

‘black start capability’;

‘connection point’;

‘current’;

‘entity’;

‘frequency’;

‘frequency control’;

‘houseload operation’;

‘inertia’;

‘instruction’;

‘island operation’;

‘limited frequency sensitive mode – overfrequency’;

‘limited frequency sensitive mode – underfrequency’;

‘network’;

‘power park module’;

‘relevant system operator’;

‘voltage’.

5.   The following expressions have the meanings given in Article 2 of Commission Regulation (EU) 2016/1388—

‘block loading’;

‘control room’;

‘demand facility’;

‘low frequency demand disconnection’;

‘on load tap changer’.”.

5.—(1) Article 4 is amended as follows.

(2) In paragraph 1—

(a) in the opening words before point (a)—

(i) for “Member States” substitute “the Secretary of State”;

(ii) for “regulatory authorities,” substitute “the regulatory authority”;

(iii) omit “, competent entities”;

(b) in point (h), omit “European”.

(3) In paragraph 2—

(a) in the words before point (a), for “the relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “the regulatory authority”;

(b) in point (d), omit the words from “, unless defined by” to the end of the sentence.

(4) Omit paragraph 3.

(5) In paragraph 5, omit “or the entity designated by the Member State”.

(6) In paragraph 6, for “Member States may” to “authorities of the Member States”, substitute “the Secretary of State may require prior approval by the regulatory authority”.

6.  Omit Article 6.

7.  In Article 7, in paragraph 1 in the first sentence, for “competent authorities of each Member State” substitute “regulatory authority”.

8.—(1) Article 8 is amended as follows.

(2) In paragraph 1, for “relevant regulatory authorities in accordance with Article 37 of Directive 2009/72/EC” substitute “regulatory authority”.

(3) In paragraph 2, for “relevant regulatory authorities” substitute “regulatory authority”.

9.—(1) Article 9 is amended as follows.

(2) In paragraph 3, for “national legislation, the other provisions of this Regulation or other relevant Union legislation,” substitute “the other provisions of this Regulation or any other enactment”.

(3) In paragraph 4, for “national or Union legislation” substitute “any enactment”.

10.  For Article 10 substitute—

“Article 10 Agreements with TSOs not bound by this Regulation

1.   Each TSO in Northern Ireland must endeavour to conclude an agreement with TSOs in Ireland setting out the basis for their cooperation concerning secure system operation and setting out arrangements for compliance with relevant provisions.

2.   Each TSO in Northern Ireland must endeavour to conclude the agreement referred to in paragraph 1 as soon as reasonably practicable after exit day.

3.   In paragraph 1, “relevant provisions” means provisions of this Regulation which applied to TSOs in Northern Ireland immediately before exit day.”.

11.  In Article 11, in paragraph 1, for “national regulatory authorities, or entities referred to in Article 4(3), neighbouring TSOs” substitute “the regulatory authority”.

12.  In Article 13, omit paragraph 4.

13.—(1) Article 14 is amended as follows.

(2) In paragraph 1, for the words from “Upon request from” to “the requesting TSO” substitute, “Each TSO shall endeavour to provide through interconnectors any possible assistance to a requesting TSO in Northern Ireland in an emergency situation”.

(3) In paragraph 3, omit the words from “, subject to the following requirements:” to the end.

(4) In paragraph 4—

(a) omit the first sentence;

(b) for second sentence substitute—

“Where a TSO manually disconnects a transmission system element having a significant cross border impact, the TSO shall prepare a report within 30 days of the incident containing a detailed explanation of the rationale, implementation and impact of this action and submit it to the regulatory authority and make it available to the significantly affected system users.”.

14.  In Article 15, in paragraph 9 omit “national”.

15.—(1) Article 18 is amended as follows.

(2) In paragraph 1, in the second sentence, omit “in accordance with Article 78(4) of Regulation (EU) 2017/1485”.

(3) In paragraph 4, for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “regulatory authority”.

16.  In Article 20, in paragraph 3 in the final sentence, for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “regulatory authority”.

17.  In Article 22, in paragraph 4, for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “regulatory authority”.

18.  In Article 23, in paragraph 1, for “national regulatory authorities or entities referred to Article 4(3), neighbouring TSOs” substitute “the regulatory authority”.

19.  In Article 25, omit paragraph 4.

20.—(1) Article 35 is amended as follows.

(2) In paragraph 2—

(a) omit point (a);

(b) in point (e), omit “and (2)”.

(3) In paragraph 5—

(a) omit points (a) and (c);

(b) omit point (e) and the “; and” before it.

21.—(1) Article 36 is amended as follows.

(2) In paragraph 2, for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “regulatory authority”.

(3) In paragraph 3—

(a) omit point (a);

(b) in point (e), omit “and (2)”.

(4) In paragraph 4—

(a) in point (c), omit subpoint (ii) and the “or” before it;

(b) in point (d), omit subpoint (iii);

(c) in point (e)—

(i) omit subpoint (i);

(ii) in subpoint (v), omit “and (2)”.

(5) Omit paragraphs 7 and 8.

22.—(1) Article 37 is amended as follows.

(2) In paragraph 1, omit “, in coordination with the NEMO(s) active in its control area and with the neighbouring TSOs,”.

(3) In paragraph 2, omit “, in coordination with neighbouring TSOs,”.

(4) Omit paragraphs 3 to 5.

(5) In paragraph 6—

(a) omit “at least in English”;

(b) for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72” substitute “regulatory authority”.

(6) In paragraph 7, for “authorities of the Member States or the Agency” substitute “authority”.

23.—(1) Article 38 is amended as follows.

(2) In paragraph 2(e), for “relevant regulatory authority of the concerned Member States in accordance with Article 37 of Directive 2009/72” substitute “regulatory authority”.

(3) In paragraph 3, omit points (c), (g) and (h).

(4) In paragraph 4, omit “, the NEMO(s) and other entities assigned or delegated to execute market functions referred to in paragraph 3,”.

24.—(1) Article 39 is amended as follows.

(2) In the second subparagraph of paragraph 1, for “relevant regulatory authority in accordance with Article 37 of Directive 2009/72” substitute “regulatory authority”.

(3) In the third subparagraph of paragraph 1, for “A Member State or, where applicable, a regulatory authority,” substitute “The Secretary of State or, where applicable, the regulatory authority,”.

25.—(1) Article 40 is amended as follows.

(2) In paragraph 2, omit point (a).

(3) In paragraph 4—

(a) omit point (a);

(b) for point (b), substitute—

“(b) to the regulatory authority;”.

26.  In Article 43, in the final sentence of paragraph 3, for “For SGUs that are” substitute, “For SGUs that, immediately before exit day, were”.

27.  In Article 51 omit paragraph 1(d) and the “; and” before it.

28.  Omit Article 52.

29.  In Article 53, in the first sentence, for “Agency, in close cooperation with ENTSO for Electricity,” substitute “national electricity transmission system operator”.

30.  In Article 55 omit the second paragraph.

31.  In the words following Article 55 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

32.  In the Annex, omit the second, third and fifth columns of the table.