The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019

13.—(1) Article 33 is amended as follows. U.K.

(2) In paragraph 3, for “in accordance with Article 41(6)(a) of Directive 2009/73/EC”, substitute “ by the national regulatory authority ”.

(3) In paragraph 4, for “relevant national regulatory authorities”, substitute “ national regulatory authority ”.

(4) In paragraph 5—

(a) for “A mandatory minimum premium approved by the national regulatory authority”, substitute “ If a mandatory minimum premium is approved by the national regulatory authority, and by any non-UK regulatory authorities whose approval is required, it ”;

(b) omit “by the respective [F1 national] regulatory authority”; and

(c) for “agreement between the involved national regulatory authorities”, substitute “ decision by the national regulatory authority, or agreement between the national regulatory authority and any non-UK regulatory authorities whose approval is required ”.

(5) After paragraph 5, insert—

“6.   If the approval of any non-UK regulatory authorities is required, the national regulatory authority must endeavour to cooperate with those non-UK regulatory authorities.

7.   If the approval of both national regulatory authorities is required, they must cooperate with each other, and references in paragraphs 3, 4, 5 and 6 to “the national regulatory authority” are to be read as references to “the national regulatory authorities”.”.

Textual Amendments

F1 Word in Sch. 5 para. 13(4)(b) inserted (25.10.2019) by The Gas Tariffs Code (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1393), reg. 1(2), Sch. para. 8

Commencement Information

I1 Sch. 5 para. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)