Regulation (EU) 2017/1938 of the European Parliament and of the CouncilShow full title

ANNEX III U.K. Permanent bi-directional capacity

1 [F1 For the execution of the provisions set out in this Annex the regulatory authority may act on behalf of the Secretary of State if so decided by the Secretary of State.] U.K.

Textual Amendments

F1 Annex 3 point 1 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(2); 2020 c. 1, Sch. 5 para. 1(1)

2. To enable or enhance bi-directional capacity on an interconnection or to obtain or prolong an exemption from that obligation, [F2 the transmission system operator on the side of the interconnection in the United Kingdom must submit to the Secretary of State and the regulatory authority after consulting with all transmission system operators potentially concerned]: U.K.

(a)

a proposal to enable permanent physical capacity to transport gas in both directions for permanent bi-directional capacity concerning the reverse direction (‘physical reverse flow capacity’); or

(b)

a request for an exemption from the obligation to enable bi-directional capacity.

[F3 The transmission system operator in the United Kingdom must endeavour to submit a joint proposal or request for exemption with the transmission system operators on the other side of the interconnection.]

Textual Amendments

F3 Words in Annex 3 point 2 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F2 Words in Annex 3 point 2 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

3. Upon receipt of the proposal or the exemption request the [F4 Secretary of State must without delay endeavour to consult] the competent authorities and, where they are not the competent authorities, the national regulatory authorities, of the [F5 member State] that could, in accordance with the risk assessment, benefit from the reverse flow capacityF6 ... on the proposal or the exemption request. The authorities consulted may issue an opinion within four months of receipt of the consultation request. U.K.

Textual Amendments

F4 Words in Annex 3 point 3 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Annex 3 point 3 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Annex 3 point 3 omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(4)(c); 2020 c. 1, Sch. 5 para. 1(1)

4 [F7 The regulatory authority must within six months of receipt of the joint proposal, pursuant to Article 5(6) and (7), after consulting the project promoters concerned, endeavour to take a coordinated decision with the national regulatory authorities of the member States concerned on the cross-border allocation of investment costs to be borne by each transmission system operator of the project. Where the regulatory authority and the national regulatory authorities concerned have not reached an agreement within that deadline, the regulatory authority must inform the Secretary of State without delay.] U.K.

Textual Amendments

F7 Annex 3 point 4 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(5); 2020 c. 1, Sch. 5 para. 1(1)

5. The [F8 Secretary of State] shall on the basis of the risk assessment, the information listed in Article 5(5) of this Regulation, the opinions received following the consultation in accordance with point 3 of this Annex and taking into account the security of gas supply and the contribution to the [F9 gas market in the United Kingdom] [F10 endeavour to take a coordinated decision with the competent authorities of the member States concerned within two months]. F11 ... The period of two months shall start to run after the four-month period allowed for the opinions referred to under point 3 of this Annex, unless all opinions have been received before, or after the six-month period referred to in point 4 of this Annex for [F12 the regulatory authority] to adopt a coordinated decision. [F13 The two month period may be extended by agreement between the Secretary of State and the competent authorities of the member States concerned.] The coordinated decision shall: U.K.

(a)

accept the proposal for bi-directional capacity. Such decision shall contain a cost benefit analysis, a timeline for implementation and the arrangements for its subsequent use and be accompanied by the coordinated decision on the cross-border cost allocation referred to in point 4 and [F14 prepared by the regulatory authority and the national regulatory authorities of the member States concerned, provided such coordinated decision has been reached];

(b)

grant or prolong a temporary exemption for a maximum period of four years, if the cost-benefit analysis included in the decision shows that the reverse flow capacity would not enhance the security of gas supply of [F15 the United Kingdom or any relevant member State,] or if the investment costs would significantly outweigh the prospective benefits for the security of gas supply; or

(c)

[F16 request the transmission system operators in the United Kingdom to amend and resubmit their proposal or exemption request within a maximum period of four months although any proposal or exemption request may only be considered a total of three times, before a fresh proposal or exemption is required.]

Textual Amendments

F14 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F8 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Annex 3 point 5 omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Annex 3 point 5 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Annex 3 point 5 inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(6)(d); 2020 c. 1, Sch. 5 para. 1(1)

6. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F17 Annex 3 points 6-11 omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(7); 2020 c. 1, Sch. 5 para. 1(1)

7. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

8. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

9. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

10. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

11. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

12. The [F18 Secretary of State] F19 ..., the national regulatory authorities and the transmission system operators shall preserve the confidentiality of commercially sensitive information. U.K.

Textual Amendments

F18 Words in Annex 3 point 12 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(8)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Annex 3 point 12 omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

13. Exemptions from the obligation to enable bi-directional capacity granted under Regulation (EU) No 994/2010 shall remain valid unless the [F20 concerned member State] requests a revision or their duration expires. U.K.

Textual Amendments

F20 Words in Annex 3 point 13 substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 20(9); 2020 c. 1, Sch. 5 para. 1(1)