Regulation (EU) 2017/1938 of the European Parliament and of the CouncilDangos y teitl llawn

Article 9 U.K. Content of preventive action plans

1. The preventive action plan shall contain:

(a) the results of the risk assessment and a summary of the scenarios considered, as referred to in point (c) of Article 7(4);

[F1 (b) the definition of protected customers, the annual gas consumption volumes of the protected customers and the percentage that those consumption volumes represent of the total annual final gas consumption in the United Kingdom;

(ba) where the definition of protected customers incudes the categories referred to in point (5)(a) or (b) of Article 2, the gas consumption volumes corresponding to customers belonging to those categories and the percentage that each of those groups of customers represents in total final gas consumption;]

(c) the measures, volumes and capacities needed to fulfil the infrastructure and gas supply standards laid down in Articles 5 and 6, including, where applicable, the extent to which demand-side measures can sufficiently compensate, in a timely manner, for a disruption of gas supply as referred to in Article 5(2), F2 ... the necessary gas volumes per category of protected customers and per scenario as referred to in Article 6(1), and any increased gas supply standard F3 ... and a description of a mechanism to reduce temporarily any increased gas supply standard F4 ...;

(d) obligations imposed on natural gas undertakings, electricity undertakings where appropriate, and other relevant bodies likely to have an impact on the security of gas supply, such as obligations for the safe operation of the gas system;

(e) other preventive measures designed to address the risks identified in the risk assessment, such as those relating to the need to enhance interconnections between [F5 the United Kingdom and neighbouring relevant States], to further improve energy efficiency, to reduce gas demand and the possibility to diversify gas routes and sources of gas supply and the regional utilisation of existing storage and LNG capacities, if appropriate, in order to maintain gas supply to all customers as far as possible;

(f) information on the economic impact, effectiveness and efficiency of the measures contained in the plan, including the obligations referred to in point (k);

(g) a description of the effects of the measures contained in the plan on the functioning of the [F6 energy market in the United Kingdom], including the obligations referred to in point (k);

(h) a description of the impact of the measures on the environment and on customers;

(i) the mechanisms to be used for [F7 endeavouring to cooperate with member States], including the mechanisms for preparing and implementing preventive action plans and emergency plans;

(j) information on existing and future interconnections and infrastructure, including those providing access to [F8 the market in member States], cross-border flows, cross-border access to storage and LNG facilities and the bi-directional capacity, in particular in the event of an emergency;

(k) information on all public service obligations that relate to the security of gas supply.

Critical information relating to points (a), (c) and (d) of the first subparagraph which, if revealed, could endanger the security of gas supply, may be excluded.

[F9 For the purposes of point (e) of the first subparagraph, “neighbouring relevant States” means Belgium, Denmark, France, Germany, Ireland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden.]

F10 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The preventive action plan shall be based primarily on market-based measures and shall not put an undue burden on natural gas undertakings, or negatively impact on the functioning of the [F11 market in gas in the United Kingdom].

4. [F12 The Secretary of State] shall ensure that all preventive non-market-based measures, such as those referred to in Annex VIII, adopted on or after 1 November 2017, irrespective of whether they are part of the preventive action plan or adopted subsequently, comply with the criteria laid down in the first subparagraph of Article 6(2).

5. The [F13 Secretary of State] shall make public any measure referred to in paragraph 4 which has not yet been included in the preventive action planF14 ....

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F15 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11. The preventive action plan shall be updated every four years after 1 March 2019 or more frequently if the circumstances so warrant F16 .... The updated plan shall reflect the updated risk assessment and the results of the tests carried out in accordance with Article 10(3). Article 8 shall apply to the updated plan.

Textual Amendments

F1 Art. 9(1)(b)(ba) substituted for Art. 9(1)(b) (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 9(1)(c) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 9(1)(c) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 9(1)(c) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 9(1)(e) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 9(1)(g) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(d); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 9(1)(i) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 9(1)(j) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(2)(f); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 9(1) inserted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(3); 2020 c. 1, Sch. 5 para. 1(1)

F10 Art. 9(2) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(4); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 9(3) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(5); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 9(4) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(6); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 9(5) substituted (31.12.2020) by The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(7)(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 9(5) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(7)(b); 2020 c. 1, Sch. 5 para. 1(1)

F15 Art. 9(6)-(10) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(8); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 9(11) omitted (31.12.2020) by virtue of The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/531), reg. 1(2), Sch. 1 para. 9(9); 2020 c. 1, Sch. 5 para. 1(1)