The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020

17.—(1) Article 18 (charges for access to networks, use of networks and reinforcement) is amended as follows.

(2) In paragraph 3, omit “at Union level”.

(3) In paragraph 4, omit point (a).

(4) In paragraph 7, in the final sentence—

(a) for “Member States have implemented the deployment of smart metering systems, regulatory authorities” substitute “smart metering systems have been deployed, the regulatory authority”;

(b) omit “in accordance with Article 59 of (EU) 2019/944”.

(5) After paragraph 8, insert—

“8A.   The references to Article 15(1) and (6) of Directive 2012/27/EU of the second subparagraph of paragraph 1 are to be treated as references to those provisions with the following modifications—

(a) Article 15(1), subparagraph 1 is to be read as if—

(i) for “Member States” there were substituted “the Secretary of State”;

(ii) for “national energy regulatory authorities” there were substituted “the regulatory authority”;

(iii) for “Directives 2009/72/EC and 2009/73/EC regarding their” there were substituted “retained EU law regarding its”;

(b) Article 15(1), subparagraph 2 is to be read as if—

(i) for “Member States” there were substituted “the Secretary of State”;

(ii) for “national energy regulatory authorities” there were substituted “the regulatory authority”;

(iii) for “Directive 2009/72/EC” there were substituted “retained EU law”;

(c) Article 15(1), subparagraph 4 is to be read as if—

(i) for “Member States” there were substituted “the Secretary of State”;

(ii) for “Regulation (EC) No 714/2009” there were substituted “Regulation (EU) 2019/943”;

(d) Article 15(6) is to be read as if for “Member States” (in both places it occurs) there were substituted “the Secretary of State”;

(e) A reference to “the regulatory authority” in Article 15(1) as modified by this Article has the meaning given in Article 2 of this Regulation.”.

(6) Omit paragraphs 9 and 10.