The Electricity Trading (Development of Technical Procedures) (Day-Ahead Market Timeframe) Regulations 2021

Technical procedures for electricity trading at the day-ahead market timeframe E+W+S

4.—(1) For the purposes of Article 311(1)(f), Article 312(1) and Article 317(1) of the Trade and Cooperation Agreement, GB transmission system operators must develop proposals setting out technical procedures for the allocation of electricity interconnector capacity at the day-ahead market timeframe in accordance with Annex 29 (“the technical procedures”).

(2) GB transmission system operators must send to the Authority and the Northern Ireland Authority the draft technical procedures before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(3) In the event of a disagreement with non-UK transmission system operators regarding the development of the technical procedures, GB transmission system operators must seek the opinion of the Authority on that disagreement as soon as reasonably practicable and in any event before such day as the Secretary of State specifies by direction in accordance with regulation 3 for purposes of paragraph (2).

(4) Subject to paragraphs (5) and (6), the Authority must provide an opinion, in writing, to GB transmission system operators in respect of—

(a) the draft technical procedures sent to it under paragraph (2), and

(b) where appropriate, the disagreement on which its opinion is sought under paragraph (3),

before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(5) Before providing an opinion referred to in paragraph (4), the Authority must—

(a) provide the Northern Ireland Authority with an opportunity to make representations in respect of the draft technical procedures and, where appropriate, in respect of a disagreement regarding the development of the procedures, and

(b) provide the Northern Ireland Authority with any relevant information in respect of the draft technical procedures and, where appropriate, a disagreement regarding the development of the procedures.

(6) The Authority must have regard to any representations made by the Northern Ireland Authority by virtue of paragraph (5) and ensure those representations are taken into account in the opinion as appropriate.

(7) GB transmission system operators must send the draft technical procedures together with the opinion from the Authority in respect of those procedures and, where appropriate, the opinion from the Authority in respect of a disagreement, to the Specialised Committee on Energy before such day as the Secretary of State specifies by direction in accordance with regulation 3.

(8) For the purposes of developing the technical procedures, GB transmission systems operators must—

(a) cooperate with—

(i) each other,

(ii) relevant electricity market operators,

(b) endeavour to cooperate with—

(i) Northern Ireland transmission system operators,

(ii) non-UK transmission system operators, and

(iii) the European Network of Transmission System Operators for Electricity governed in accordance with Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast)(1).

(9) Relevant electricity market operators must co-operate with each other and with GB transmission system operators for the purposes of facilitating the development of the technical procedures.

Commencement Information

I1 Reg. 4 in force at 26.5.2021, see reg. 1(1)

(1)

O.J. No. L 158, 14.6.2019, p 54. The European Network of Transmission Operators for Electricity was established under Regulation (EC) No 714/2009 on conditions for access to the network for cross border exchanges in electricity. Regulation (EC) No 714/2009 was repealed by Regulation (EU) 2019/943 and the governance provisions for the European Network of Transmission System Operators for electricity were recast in Regulation (EU) 2019/943.