The Gas (Amendment) (EU Exit) Regulations (Northern Ireland) 2020

EU Exit Regulations

3.—(1) In regulation 118 of the EU Exit Regulations, Article 10A is amended as follows.

(2) In paragraph (3) after sub-paragraph (g) insert—

“(ga) to comply with requirements for access to upstream pipeline networks, and requirements about the manner in which that access is to be provided, corresponding to the requirements mentioned in Article 34(1) and (2) of the Directive;”.

(3) After paragraph (4) insert—

“(4A) For the purposes of paragraph (3)(ga)—

(a) “upstream pipeline networks” has the meaning given in Article 2(2) of the Directive; and

(b) the references to Article 34(1) and (2) of the Directive are to be read as references to those provisions with the following modifications—

(i) references to “Member States” are to be read as references to “the Department”;

(ii) in Article 34(1) the last sentence is to be omitted; and

(iii) in Article 34(2)(d), the reference to “Community law” is to be read as a reference to “retained EU law”.”

(4) In paragraph (15) for sub-paragraph (b)(i) substitute—

“(i) in paragraph (1), the reference to “Member States” in the first sub-paragraph were a reference to the Department;

(ia) in paragraphs (1), (3) and (4), any reference (however expressed) to “the regulatory authorities where Member States have so provided or Member States” were a reference to the Authority;”.

(5) In paragraph (17)(c), for “system access” substitute “access to LNG facilities”.