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

20.—(1) Annex III is amended as follows. U.K.

(2) For point 1, substitute—

“1.   For the execution of the provisions set out in this Annex the regulatory authority may act on behalf of the Secretary of State if so decided by the Secretary of State.”.

(3) In point 2—

(a) in the first subparagraph, for the words from “transmission system operators” to “potentially concerned” substitute “ the transmission system operator on the side of the interconnection in the United Kingdom must submit to the Secretary of State and the regulatory authority after consulting with all transmission system operators potentially concerned ”; and

(b) for the second subparagraph, substitute “ The transmission system operator in the United Kingdom must endeavour to submit a joint proposal or request for exemption with the transmission system operators on the other side of the interconnection. ”.

(4) In point 3—

(a) for “competent authorities concerned shall without delay consult” substitute “ Secretary of State must without delay endeavour to consult ”;

(b) for “Member State” substitute “ member State ”; and

(c) omit “, the Agency and the Commission”.

(5) For point 4, substitute—

“4.   The regulatory authority must within six months of receipt of the joint proposal, pursuant to Article 5(6) and (7), after consulting the project promoters concerned, endeavour to take a coordinated decision with the national regulatory authorities of the member States concerned on the cross-border allocation of investment costs to be borne by each transmission system operator of the project. Where the regulatory authority and the national regulatory authorities concerned have not reached an agreement within that deadline, the regulatory authority must inform the Secretary of State without delay.”.

(6) In point 5—

(a) in the first sentence—

(i) for “competent authorities concerned” substitute “ Secretary of State ”;

(ii) for “internal gas market” substitute “ gas market in the United Kingdom ”;

(iii) for “take a coordinated decision” substitute “ endeavour to take a coordinated decision with the competent authorities of the member States concerned within two months ”;

(b) omit the second sentence;

(c) in the third sentence, for “regulatory authorities concerned” substitute “ the regulatory authority ”;

(d) after the third sentence, insert “ The two month period may be extended by agreement between the Secretary of State and the competent authorities of the member States concerned. ”;

(e) in the last sentence—

(i) in subparagraph (a), for “prepared by the regulatory authorities concerned” substitute “ prepared by the regulatory authority and the national regulatory authorities of the member States concerned, provided such coordinated decision has been reached ”;

(ii) in subparagraph (b), for “any relevant Member State” substitute “ the United Kingdom or any relevant member State, ”; and

(iii) for subparagraph (c), substitute—

“(c) request the transmission system operators in the United Kingdom to amend and resubmit their proposal or exemption request within a maximum period of four months although any proposal or exemption request may only be considered a total of three times, before a fresh proposal or exemption is required.”.

(7) Omit points 6 to 11.

(8) In point 12—

(a) for “Commission, the Agency,” substitute “ Secretary of State ”; and

(b) omit “the competent authorities”.

(9) In point 13, for “Commission or other concerned Member State” substitute “ concerned member State ”.

Commencement Information

I1 Sch. 1 para. 20 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)