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Regulation (EU) 2017/1938 of the European Parliament and of the Council of 25 October 2017 concerning measures to safeguard the security of gas supply and repealing Regulation (EU) No 994/2010 (Text with EEA relevance)
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1.The [F1Secretary of State] shall require [F2natural gas undertakings to take measures to ensure the gas supply to protected customers] in each of the following cases:
(a)extreme temperatures during a 7-day peak period occurring with a statistical probability of once in 20 years;
(b)any period of 30 days of exceptionally high gas demand, occurring with a statistical probability of once in 20 years;
(c)for a period of 30 days in the case of disruption of the single largest gas infrastructure under average winter conditions.
F3...
The [F1Secretary of State] shall identify the natural gas undertakings referred to in the first subparagraph of this paragraph and shall specify them in the preventive action plan.
Any new non-market-based measures envisaged to ensure the gas supply standard shall comply with the procedure established in [F4Article 9(4) and (5)].
[F5Compliance] with the obligation laid down in the first subparagraph [F6may be] through the implementation of energy efficiency measures or by replacing the gas with a different source of energy, inter alia, renewable energy sources, to the extent that the same level of protection is achieved.
2.Any increased gas supply standard beyond the 30-day period referred to in points (b) and (c) of paragraph 1 or any additional obligation imposed for reasons of security of gas supply shall be based on the risk assessment, shall be reflected in the preventive action plan and shall:
(a)comply with Article 8(1);
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8...
Any new non-market-based measure pursuant to the first subparagraph of this paragraph, adopted on or after 1 November 2017, shall comply with the procedure established in [F9Article 9(4) and (5)].
3.After the expiry of the periods laid down by the [F10Secretary of State] in accordance with paragraphs 1 and 2, or under more severe conditions than those laid down in paragraph 1, the [F10Secretary of State] and natural gas undertakings shall endeavour to maintain, as far as possible, the gas supply, in particular to protected customers.
4.The obligations imposed on natural gas undertakings for the fulfilment of the gas supply standards laid down in this Article shall be non-discriminatory and shall not impose an undue burden on those undertakings.
F115.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.The [F12Secretary of State] shall ensure that conditions for supplies to protected customers are established without prejudice to the proper functioning of the [F13energy market in the United Kingdom] and at a price respecting the market value of the supplies.
Textual Amendments
F1Words in Art. 6(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. 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 6(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. 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 6(1) 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. 6(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 6(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. 6(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 6(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. 6(2)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 6(1) 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. 6(2)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 6(2)(b)(c) 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. 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 6(2) 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. 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 6(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. 6(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 6(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. 6(4); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 6(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. 6(5); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 6(6) 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. 6(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 6(6) 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. 6(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
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