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These Regulations amend certain Northern Ireland primary legislation to ensure conformity with the requirements of Article 16(2)(c) of Directive 2009/28/EC of the European Parliament and the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, P.16) (“the Directive”).
Article 16(2)(c) of the Directive requires Member States to ensure that when dispatching electricity generating installations, electricity transmission system operators give priority to generating installations using renewable energy sources in so far as the secure operation of the national electricity system permits and based on transparent and non-discriminatory criteria.
In particular—
(a)Regulation 2 inserts a new Article 11AB in the Electricity (Northern Ireland) Order 1992, requiring the inclusion of appropriate conditions in new electricity transmission licences, to ensure that dispatch of electricity by the licence holders complies with these rules of priority;
(b)Regulations 3, 4 and 5 allow the modification of existing electricity transmission licences for the same purpose
The Decision of the Single Electricity Market Committee referred to in these Regulations as the SEM Decision Document can be found at:http://www.allislandproject.org/GetAttachment.aspx?id=5d635a6f-f9b4-494c-bd3a-722af770354c
A full regulatory impact assessment has not been produced for these Regulations. A transposition note is annexed to the Explanatory Memorandum which is available alongside the Regulations.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
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