The Electricity Network Codes and Guidelines (System Operation and Connection) (Amendment etc.) (EU Exit) Regulations 2019

4.—(1) Article 3 is amended as follows. E+W+S

(2) In paragraph 1—

(a) at the beginning of the sentence insert, “ Except where stated in this Article, ”;

[F1 (ab) for “Regulation (EC) No 714/2009” substitute “Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast)”;]

(b) after “Commission Regulation (EU) 2016/1447” insert “ and ”;

(c) omit “, Article 2 of Commission Regulation (EU) 2016/1719,”;

(d) omit “and Article 2 of Directive 2009/72/EC of the European Parliament and of the Council”;

(e) at the end, insert “ , subject to paragraphs 1A and 1B ”.

(3) After paragraph 1 insert—

“1A.   The following definitions do not apply for the purposes of this Regulation—

(a) the definition of “individual grid model” in Article 2 of Commission Regulation (EU) 2015/1222;

(b) the definitions of “equipment certificate” and “synchronous area” in Article 2 of Commission Regulation (EU) 2016/631;

(c) the definition of “closed distribution system” in Article 2 of Commission Regulation (EU) 2016/1388;

[F2 [F3 (d) the definition of “regulatory authority” in Article 2 of Regulation (EU) 2019/943;]]

[F4 (e) the definitions of “ancillary service” and “renewable energy” in Article 2 of Regulation (EU) 2019/943;]

and instead the definitions of those terms in points [F5 (160),] (162), (164), (166), [F6 (170)] F7 ... and (171) of paragraph 3 apply.

1B.   The definition of “transmission system operator” or “TSO” in Article 2 of [F8 Regulation (EU) 2019/943] applies for the purposes of this Regulation except where specified otherwise.

1C.   In this Regulation—

(a) any reference to Commission Regulation (EU) 2015/1222 F9 ... is a reference to that Regulation as it applied in EU law immediately before [F10 IP completion day];

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(4) In paragraph 2—

(a) omit points (23) to (26);

(b) in point (49) after “interconnector” insert “ and includes a TSO operating outside the jurisdiction of Great Britain and for this purpose “TSO” has the meaning given in Article 2 of Directive 2009/72/EC ”;

(c) omit points (67), (69), and (74);

[F12 (ca) omit point (89);]

(d) in point (94) omit “and/or imbalance netting process and/or cross border activation process”;

(e) omit points (107), (108) and (115);

(f) in point (120), for “and IE/NI synchronous areas” substitute “ synchronous area ”;

(g) in point (121), for “, for the synchronous areas GB and IE/NI” substitute “ GB synchronous area ”;

(h) in point (122), for “IE/NI and Nordic synchronous areas,” substitute “ synchronous area ”;

(i) omit points (124), (128), (129), (137) and (138);

(j) in point (152), omit “, additionally for GB and IE/NI, to restore”;

(k) at the end insert—

“(160) ‘ancillary service’ means a service necessary for the operation of a transmission or distribution system;

(161) ‘authorised certifier’ means an entity that issues equipment certificates and power-generating module documents and whose accreditation is given by the United Kingdom Accreditation Service or such other relevant entity established for such purpose from time to time;

(162) ‘closed distribution system’ means a distribution system classified as a closed distribution system by the regulatory authority, which distributes electricity within a geographically confined industrial, commercial or shared services site and does not supply household customers, without prejudice to incidental use by a small number of households located within the area served by the system and with employment or similar associations with the owner of the system;

(163) ‘closed distribution system operator’ or ‘CDSO’ means a distribution system operator which is responsible for operating a closed distribution system;

(164) ‘equipment certificate’ means a document issued by an authorised certifier for equipment used by a power generating module, demand unit, distribution system, demand facility or HVDC system. Where a range of permitted values for equipment is specified in this Regulation or another enactment, the equipment certificate must state a specific value within that range for the equipment;

(165) ‘GB synchronous area’ means the area within the jurisdiction of Great Britain covered by synchronously interconnected TSOs;

(166) ‘individual grid model’ means a data set describing power system characteristics (generation, load and grid topology) and related rules to change these characteristics during capacity calculation, prepared by the responsible TSOs;

(167) ‘the jurisdiction of Great Britain’ has the meaning given in section 4(3F)(a) of the Electricity Act 1989 M1 ;

(168) ‘national electricity transmission system operator’ means the person operating the national transmission system for Great Britain (and for this purpose “transmission system” has the same meaning as in section 4(4) of the Electricity Act 1989 M2 );

(169) ‘regulatory authority’ means the Gas and Electricity Markets Authority;

(170) ‘renewable energy sources’ means renewable non-fossil energy sources (wind, solar, geothermal, wave, tidal, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases);

(171) ‘synchronous area’ means an area covered by synchronously interconnected TSOs, such as the GB synchronous area and for this purpose “TSO” has the meaning given in Article 2 of Directive 2009/72/EC;

(172) ‘Type A’, ‘Type B’, ‘Type C’ or ‘Type D’, in relation to a power generating module, has the meaning given in Article 5 of Commission Regulation (EU) 2016/631.”.

Textual Amendments

F1 Sch. 1 para. 4(2)(ab) inserted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 6(3)(b)

F2 Words in Sch. 1 para. 4(3) omitted (16.9.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(a)(i)

F3 Words in Sch. 1 para. 4(3) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 6(3)(c)(i)

F4 Words in Sch. 1 para. 4(3) inserted (16.9.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(a)(ii)

F5 Word in Sch. 1 para. 4(3) inserted (16.9.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(a)(iii)(aa)

F6 Word in Sch. 1 para. 4(3) inserted (16.9.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(a)(iii)(bb)

F7 Word in Sch. 1 para. 4(3) omitted (16.9.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(a)(iii)(cc)

F8 Words in Sch. 1 para. 4(3) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 6(3)(c)(ii)

F9 Words in Sch. 1 para. 4(3) omitted (16.9.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(b)(i)

F10 Words in Sch. 1 para. 4(3) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 6(3)(c)(iii)

F11 Words in Sch. 1 para. 4(3) omitted (16.9.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), regs. 1(2), 3(2)(b)(ii)

F12 Sch. 1 para. 4(4)(ca) inserted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 6(3)(d)

Commencement Information

I1 Sch. 1 para. 4 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)

Marginal Citations

M1 1989 c. 29. The definition of “the jurisdiction of Great Britain' in section 4(3F)(a) was inserted by the Energy Act 2004 (c. 20), section 145(3).

M2 1989 c. 29. The definition of “transmission system” in section 4(4) was substituted by the Energy Act 2004 (c. 20), section 135(4).