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The Gas Transit (EEC Requirements) (Revocation and Saving) Regulations 2014

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Statutory Instruments

2014 No. 529

Gas

The Gas Transit (EEC Requirements) (Revocation and Saving) Regulations 2014

Made

6th March 2014

Laid before Parliament

10th March 2014

Coming into force

6th April 2014

The Secretary of State has been designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to energy and energy sources.

The Secretary of State, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Gas Transit (EEC Requirements) (Revocation and Saving) Regulations 2014 and come into force on 6th April 2014.

(2) In these Regulations—

“the 1992 Regulations” means the Gas Transit (EEC Requirements) Regulations 1992(3);

“gas transit contract” means a contract within the meaning given by the 1992 Regulations, which was concluded pursuant to those Regulations.

Revocation

2.  Subject to regulation 3, the 1992 Regulations are revoked.

Saving

3.  Regulations 1, 2, 5 and 6 of the 1992 Regulations continue to have effect in relation to any gas transit contract which is still in force.

Verma

Parliamentary Under Secretary of State

Department of Energy and Climate Change

6th March 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke the Gas Transit (EEC Requirements) Regulations 1992 (“the 1992 Regulations”), subject to a saving in regulation 3 in relation to existing gas transit contracts concluded pursuant to the 1992 Regulations.

The 1992 Regulations gave effect to Council Directive 91/296/EEC(4), which required EEC member States to take the measures necessary to facilitate the transit of natural gas between high pressure transmission grids. That Directive was repealed by Article 32(1) of Directive 2003/55/EC of the European Parliament and of the Council(5) concerning common rules for the internal market in natural gas, but Article 32(1) expressly provided that the repeal was without prejudice to contracts concluded pursuant to Directive 91/296/EEC, which continue to be valid and to be implemented under the terms of that Directive.

An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.

(2)

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

(3)

S.I. 1992/1190; relevant amendments are section 3(2) of the Utilities Act 2000 (c. 27), S.I. 2009/229 and S.I. 2011/1043.

(4)

OJ L 147, 12.06.1991, p37.

(5)

OJ L 176, 15.07.2003, p57.

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