The Electricity Network Codes and Guidelines (Markets and Trading) (Amendment) (EU Exit) Regulations 2019

6.—(1) Article 5 is amended as follows. E+W+S

(2) In paragraph 1—

(a) for “Each relevant regulatory authority in accordance with Article 37 of Directive 2009/72/EC” substitute “ The regulatory authority ”;

(b) for “paragraphs 2, 3 and 4” substitute “ paragraph 4 ”.

(3) Omit paragraphs 2 and 3.

(4) In paragraph 4—

(a) in the opening words before point (a)—

(i) for “each regulatory authority” substitute “ the regulatory authority ”;

(ii) omit “of each concerned Member State”;

(b) omit points (d) and (e);

(c) after point (i), insert—

“(j) the exemption, for the geographical area in which the procurement of balancing capacity has taken place, from the requirement to allow balancing service providers to transfer their obligations to provide balancing capacity pursuant to Article 34(1);

(k) the exemption from the requirement to apply imbalance settlement periods of 15 minutes pursuant to Article 53(2);”;

(d) in the words after point (k) (as so inserted)—

(i) for “a Member State” substitute “ the Secretary of State ”;

(ii) omit “concerned”.

(5) In paragraph 5—

(a) in the second sentence—

(i) for “relevant regulatory authorities” substitute “ regulatory authority ”;

(ii) for “all relevant regulatory authorities agree” substitute “ the regulatory authority agrees ”;

(b) omit the third and fourth sentences.

(6) Omit paragraphs 6 and 7.

Commencement Information

I1 Sch. 2 para. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)