1.[F1A national authority may, by regulations, amend this Regulation] in order to:
(a)align the definitions set out in points (1), (2), (3) and (5) of Article 2 for the purpose of ensuring coherence with other relevant F2... legislation in the fields of financial services and energy; and
(b)update those definitions for the sole purpose of taking into account future developments on wholesale energy markets.
2.The [F3regulations] referred to in paragraph 1 shall take into account at least:
(a)the specific functioning of wholesale energy markets, including the specificities of electricity and gas markets, and the interaction between commodity markets and derivative markets;
(b)the potential for manipulation across borders, between electricity and gas markets and across commodity markets and derivative markets;
(c)the potential impact on wholesale energy market prices of actual or planned production, consumption, use of transmission, or use of storage capacity; and
[F4(d)network codes and framework guidelines adopted in accordance with Regulation (EC) No 714/2009 before 1 January 2020 and network codes and framework guidelines adopted, or regulations made, under the Gas Regulation and Electricity Regulation.]
Textual Amendments
F1Words in Art. 6(1) substituted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 17(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 6(1)(a) omitted (31.12.2020) by virtue of The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 17(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in Art. 6(2) substituted (31.12.2020) by The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1286), regs. 1(2)(b), 17(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 6(2)(d) substituted (31.12.2020) by S.I. 2018/1286, regs. 1(2)(b), 17(3)(b) (as substituted by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 2(6)); 2020 c. 1, Sch. 5 para. 1(1)