The Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019

1.—(1) Article 1 is amended as follows.

(2) In paragraph 1, omit “harmonised”.

(3) In paragraph 2—

(a) omit “Article 18 shall apply to transmission systems.”; and

(b) for the last sentence, substitute “This Regulation does not apply at entry points from and exit point to another country that is not a member State unless the national regulatory authority determines otherwise.”.

(4) In paragraph 3—

(a) for “between Member States as long as one of these Member States”, substitute “with a member State that”;

(b) after “2009/73/EC”, insert “as it has effect in EU law”; and

(c) for “respective Member States”, substitute “national regulatory authority and the member State”.

(5) After paragraph 3, insert—

“4.   If a transmission system operator is regulated by both national regulatory authorities, where relevant they must cooperate with each other regarding the regulation of that transmission system operator.

5.   If a transmission system operator is regulated by a national regulatory authority and a non-UK regulatory authority, where relevant the national regulatory authority must endeavour to cooperate with the non-UK regulatory authority regarding the regulation of that transmission system operator.

6.   The interconnection points within the scope of this Regulation are those where transmission system operators or network users carry out functions or activities that are regulated by a national regulatory authority.”.