The Gas (Internal Markets) Regulations 2020

Duty to notify etc. the European Commission: agreements with third countries

3.  After section 4D of the 1986 Act insert—

“4E    Duty to notify etc. the European Commission: agreements with third countries

(1) Where the Secretary of State intends to enter into negotiations with a third country to amend, extend, adapt, renew or conclude an agreement relating to the operation of a transmission line with that third country (“the negotiations”) the Secretary of State must notify the European Commission of the intention.

(2) The notification referred to in subsection (1) must—

(a) be in writing and sent to the European Commission at least five months before the intended start of the negotiations;

(b) be accompanied by any documentation that the Secretary of State considers is relevant to the negotiations;

(c) provide an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and any other relevant information.

(3) In so far as it is reasonably practicable, the Secretary of State must keep the European Commission informed of the progress and results of the negotiations.

(4) Before entering into an agreement of a kind referred to in subsection (1), the Secretary of State must notify the European Commission of the outcome of the negotiations and communicate the text of the negotiated agreement to the European Commission.

(5) The Secretary of State must not enter into the negotiated agreement unless the European Commission adopts a decision authorising the Secretary of State to do so.

(6) The Secretary of State must notify the European Commission of the entry into force of the negotiated agreement and of any subsequent changes to the status of that agreement as soon as is reasonably practicable.

(7) In this section—

“transmission line” has the meaning given in the Gas Directive;

“third country” means a country that is not, and is not part of, an EEA state.”