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Regulation (EU) 2017/1938 of the European Parliament and of the CouncilShow full title
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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Article 8U.K.Establishment of preventive action plans and emergency plans
1.The measures to ensure the security of gas supply contained in a preventive action plan and an emergency plan shall be clearly defined, transparent, proportionate, non-discriminatory and verifiable, shall not unduly distort competition [F1in the United Kingdom] or the effective functioning of the [F2gas market in the United Kingdom].
2.[F3The Secretary of State must], after consulting the natural gas undertakings, [F4the holder of a licence under section 7AA of the Gas Act 1986,] the relevant organisations representing the interests of household and industrial gas customers, including electricity producers, electricity transmission system operators, and [F5the regulatory authority] establish:
(a)a preventive action plan containing the measures needed to remove or mitigate the risks identified, including the effects of energy efficiency and demand-side measures in the F6... [F7national] risk assessments and in accordance with Article 9;
(b)an emergency plan containing the measures to be taken to remove or mitigate the impact of a disruption of gas supply in accordance with Article 10.
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5.The preventive action plan and the emergency plan shall be developed in accordance with the templates contained in Annexes VI and VII. F9...
[F105A.The Secretary of State may, by regulations, amend the templates set out in Annexes VI and VII in order to reflect the experience gained in the application of this Regulation and to reduce administrative burdens.]
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7.The preventive action plans and the emergency plans shall be made public F12... by 1 March 2019. F13...
F14...
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11.The confidentiality of commercially sensitive information shall be preserved.
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Textual Amendments
F1Words in Art. 8(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. 8(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 8(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. 8(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 8(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. 8(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 8(2) inserted (1.10.2024) by The Energy Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/706), regs. 1(1), 45(b); S.I. 2024/957, reg. 2(a)
F5Words in Art. 8(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. 8(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 8(2)(a) 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. 8(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in Art. 8(2)(a) 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. 8(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F8Art. 8(3)(4) 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. 8(4); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 8(5) omitted (31.12.2020) by virtue of The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 24(a); 2020 c. 1, Sch. 5 para. 1(1)
F10Art. 8(5A) inserted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 24(b); 2020 c. 1, Sch. 5 para. 1(1)
F11Art. 8(6) 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. 8(5); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in Art. 8(7) 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. 8(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in Art. 8(7) 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. 8(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in Art. 8(7) 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. 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F15Art. 8(8) 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. 8(7); 2020 c. 1, Sch. 5 para. 1(1)
F16Art. 8(9) 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. 8(7); 2020 c. 1, Sch. 5 para. 1(1)
F17Art. 8(10) 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. 8(7); 2020 c. 1, Sch. 5 para. 1(1)
F18Art. 8(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. 8(8); 2020 c. 1, Sch. 5 para. 1(1)
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