The Gas Transit (EEC Requirements) Regulations 1992

• Citation: S.I. 1992/1190
• Sections: 7

Section 1

These Regulations may be cited as the Gas Transit (EEC Requirements) Regulations 1992 and shall come into force on 11th June 1992.

Section 2 Interpretation

In these Regulations—

“the Commission” means the Commission of the European Communities;

“the Directive” means Council Directive No. 91/296/EEC on the transit of natural gas through grids ;

“entity” means a body specified in the Annex to the Directive (as amended from time to time);

“gas transit” means the transport by a grid operator of natural gas between high pressure transmission grids, at least one of which is situated in the Economic Community, and across at least one frontier between member States;

“gas transit contract” means a contract providing for gas transit;

“high pressure transmission grid” means (in the case of a grid situated in the Economic Community) a grid specified in the Annex to the Directive (as amended from time to time); and

“grid operator” means an entity who is responsible for operating a high pressure transmission grid in the United Kingdom.

Section 3 Application

These Regulations apply where a request for gas transit is made to a grid operator by another entity.

Section 4 Obligations of the grid operator

A grid operator that has received a request for gas transit shall without delay—

(a) notify the Commission, the Secretary of State for Trade and Industry and the Director General of Gas Supply of the request;

(b) open negotiations on the conditions of the gas transit requested;

(c) inform the Commission, the Secretary of State for Trade and Industry and the Director General of Gas Supply of the conclusion of a gas transit contract; and

(d) in the event that a gas transit contract is not concluded within twelve months of receipt of the request for gas transit, inform the Commission, the Secretary of State for Trade and Industry and the Director General of Gas Supply of the reasons for the failure of the negotiations to result in the conclusion of a gas transit contract.

Section 5 Obligations of the grid operator

The conditions of a gas transit contract—

(a) shall be non-discriminatory and fair for all parties concerned and shall not include unfair clauses or unjustified restrictions; and

(b) shall not endanger security of supply nor quality of service, and in particular, shall take full account of the utilization of reserve production and storage capacity and the most efficient operation of existing systems.

Section 6 Conciliation

The conditions to be included in a gas transit contract shall, at the request of either the entity seeking gas transit or the grid operator, be subject to conciliation by the body set up for that purpose pursuant to article 3.4 of the Directive.

Section 7 Enforcement

Compliance with any obligation in regulation 4 above shall be enforceable by civil proceedings by the Director General of Gas Supply for an injunction or interdict or for any other appropriate relief.