The Electricity and Gas (Internal Markets) Regulations 2020

The Energy (Northern Ireland) Order 2003 U.K.

7.—(1) The Energy (Northern Ireland) Order 2003 M1 is amended as follows.

(2) In Article 2(2) (interpretation)—

(a) before the definition of “the Agency”, insert—

““2009 Agency Regulation” means Regulation (EC) 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators;

“2009 Electricity Market Regulation” means Regulation (EC) 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity”;

(b) for the definition of “the Agency Regulation” substitute—

““the Agency Regulation” means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 2019 establishing a European Union Agency for the Cooperation of Energy Regulators (recast);”;

(c) for the definition of “the Electricity Regulation” substitute—

““Electricity Regulation” means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast);”;

(d) in the definition of “Third Package” omit sub-paragraphs (c) and (d).

(3) In Article 6B (decisions of the Agency and the European Commission)—

(a) after “the Gas Directive,” insert “ the 2009 Electricity Market Regulation, ”; and

(b) after “the Gas Regulation” insert “ , the 2009 Agency Regulation ”.

(4) In Article 8A(2) (authority to consider the need to consult and co-operate with other authorities), after “the Third Package” insert “ , the Agency Regulation and the Electricity Regulation ”.

(5) In Article 8A(3), in paragraph (a) of the definition of “region”, for “Article 12(3)” substitute “ Article 34(3) ”.

(6) After Article 12 (principal objective and general duties of the department and authority in relation to electricity), insert Article 12A—

“Additional functions of the Authority in relation to electricity

12A.   In relation to electricity and where required for the purpose of setting a reliability standard in accordance with Article 25 of the Electricity Regulation, the Authority must determine an estimate of the value of lost load for Northern Ireland in accordance with Article 11 of the Electricity Regulation.”.

(7) In Article 41A (relevant requirement in relation to electricity), after paragraph (7), insert—

“(8) In paragraphs (1) and (3)(b), the references to provisions in the Electricity Regulation designated under this Article are to be treated as including provisions of the 2009 Electricity Market Regulation that were designated under this Article before the coming into force of the Electricity and Gas (Internal Markets) Regulations 2020 M2 .”.

(8) In Article 45(11) (financial penalties), for the definition of “Community Regulation” substitute—

“(11) “Community Regulation” means—

(a) the Gas Regulation;

(b) the Electricity Regulation, in the case of a contravention which occurred on or after the date on which the Electricity and Gas (Internal Markets) Regulations 2020 came into force; or

(c) the 2009 Electricity Market Regulation, in the case of a contravention which occurred before the date referred to in sub-paragraph (b).”.

Commencement Information

I1 Reg. 7 in force at 25.2.2020, see reg. 1

Marginal Citations

M1 S.I. 2003/419 (N.I.6); relevant amending instruments are section 9(4)(b) of the Energy Act (Northern Ireland) 2011 (c. 6), paragraph 26 of Schedule 14 to the Enterprise and Regulatory Reform Act 2013 (c. 24), S.R. 2005/335, S.I. 2006/3336 (N.I.21), S.R. 2007/321, S.I. 2007/913 (N.I.7), S.R. 2010/27, S.R. 2011/155, S.R. 2013/92, S.R 2014/198 and S.I. 2019/530, which has not yet been commenced.

M2 S.I. 2020/96.