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

• Citation: S.I. 2019/531
• Sections: 131

Section 1 Citation and commencement

(1) These Regulations may be cited as the Gas (Security of Supply and Network Codes) (Amendment) (EU Exit) Regulations 2019.

(2) These Regulations come into force on exit day.

Section 2 Interpretation

In these Regulations—

“ the Balancing Code ” means Commission Regulation (EU) No 312/2014 establishing a Network Code on Gas Balancing of Transmission Networks;

“ the Interoperability Code ” means Commission Regulation (EU) 2015/703 establishing a network code on interoperability and data exchange rules;

“ the Capacity Allocation Mechanisms Code ” means Commission Regulation (EU) 2017/459 establishing a network code on capacity allocation mechanisms in gas transmission systems;

“ the Tariffs Code ” means Commission Regulation (EU) 2017/460 establishing a network code on harmonised transmission tariff structures for gas;

“ the Security of Gas Supply Regulation ” means Regulation (EU) 2017/1938 concerning measures to safeguard the security of gas supply .

Section 3 Amendments to the Security of Gas Supply Regulation and the gas network codes

The Security of Gas Supply Regulation is amended as set out in Schedule 1.

Section 4

The Balancing Code is amended as set out in Schedule 2.

Section 5

The Interoperability Code is amended as set out in Schedule 3.

Section 6

The Capacity Allocation Mechanisms Code is amended as set out in Schedule 4.

Section 7

The Tariffs Code is amended as set out in Schedule 5.

Section 1

(1) Article 1 is amended as follows.

(2) In the first sentence—

(a) for “the Union” substitute “ the United Kingdom ” ;

(b) for “internal market in natural gas (‘gas’)” substitute “market in natural gas (‘gas’) in the United Kingdom”;

(c) omit “, including solidarity measure of a last resort,”; and

(d) for “the Member States and the Union” substitute “ the Secretary of State, the Northern Ireland department and the regulatory authority ” .

(3) In the second sentence—

(a) omit “, in a spirit of solidarity,”; and

(b) omit “at national, regional and Union level”.

Section 2

(1) Article 2 is amended as follows.

(2) Renumber the existing text of Article 2 as paragraph 1.

(3) In paragraph 1—

(a) before point (1) insert—

(A1) ‘the Gas Regulation’ means Regulation (EC) No 715/2009 of the European Parliament and of the Council on conditions for access to natural gas transmission networks ;

(A2) ‘the Northern Ireland department’ means the Department for the Economy;

(b) omit point (2);

(c) in point (5) (definition of “protected customer”)—

(i) for “Member State concerned” substitute “ Secretary of State ” ;

(ii) for “that Member State” substitute “ the United Kingdom ” ;

(d) omit point (6);

(e) in point (7) (definition of “competent authority”)—

(i) after “ ‘competent authority’” insert “ , in relation to a member State, ” ;

(ii) for “Member” substitute “ member ” ;

(iii) at the end insert “ as it applies in EU law ” ;

(f) in point (8) (definition of “national regulatory authority”), after “ ‘national regulatory authority’” insert “ , in relation to a member State, ” ;

(g) after point (8) insert—

(8A) ‘regulatory authority’—

(a) in relation to Great Britain, means the Gas and Electricity Markets Authority; and

(b) in relation to Northern Ireland, means the Northern Ireland Authority for Utility Regulation.

(h) omit point (9); and

(i) omit points (11) to (26).

(4) After paragraph 1 insert—

(2) For the purposes of this Regulation, the following expressions have the meanings given in the Gas Regulation—

‘ancillary services’;

‘customer’;

‘distribution’;

‘distribution system operator’;

‘firm capacity’;

‘interconnector’;

‘interruptible capacity’;

‘LNG facility’;

‘LNG facility capacity’;

‘natural gas undertaking’;

‘storage capacity’;

‘system’;

‘system user’;

‘technical capacity’;

‘transmission’;

‘transmission system operator’.

Section 3

(1) Article 3 is amended as follows.

(2) In paragraph 1, for “, Member States, in particular through their competent authorities, and the Commission,” substitute “ , the Secretary of State, the Northern Ireland department and the regulatory authority ” .

(3) In paragraph 2—

(a) omit the first two sentences;

(b) in the third sentence—

(i) for “Member States may allow the competent authority to” substitute “ The Secretary of State may ” ;

(ii) after “other bodies” insert “ , including the Northern Ireland department ” ;

(c) in the fourth sentence—

(i) for “competent authorities delegate” substitute “ the Secretary of State delegates ” ;

(ii) for “they” substitute “ the Secretary of State ” ; and

(d) in the fifth sentence, for “competent authority” substitute “ Secretary of State ” .

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) for “the competent authority” substitute “ the Secretary of State ” ;

(b) for “a three level” substitute “ an ” ;

(c) omit “, first,”; and

(d) omit “, second, Member States at national or regional level, and third, the Union”.

(6) Omit paragraphs 5 to 7.

Section 4

Omit Article 4.

Section 5

(1) Article 5 is amended as follows.

(2) In paragraph 1—

(a) in the first subparagraph, for “Each Member State or, where a Member State so provides, its competent authority” substitute “ The Secretary of State ” ;

(b) in the second subparagraph, for the words from “the obligations of” to the end, substitute “ the relevant obligations of transmission system operators ” ;

(c) at the end, insert as a new subparagraph—

For the purposes of the preceding subparagraph, a “relevant obligation” is—

(a) an obligation laid down in the Gas Regulation;

(b) an obligation imposed before IP completion day for the purpose of implementing Directive 2009/73/EC (including such an obligation as modified on or after IP completion day ); or

(c) an obligation imposed on or after IP completion day which is the same as or similar to an obligation which could have been imposed before IP completion day for the purpose of implementing Directive 2009/73/EC .

(3) In paragraph 2, for “competent authority” substitute “ Secretary of State ” .

(4) Omit paragraph 3.

(5) In paragraph 4—

(a) in the words before subparagraph (a)—

(i) for “The transmission system operators shall” substitute “ The transmission system operators must endeavour to ” ;

(ii) for “on all interconnections between Member States”, substitute “ on all interconnections between the United Kingdom and member States ” ;

(b) in subparagraph (b), omit “other Member States and with the Commission”; and

(c) in the words after subparagraph (b), in the second sentence, for “The Commission” substitute “ The Secretary of State ” .

(6) In paragraph 5, in the words before subparagraph (a), omit from “prepared” to “and shall be”.

(7) In paragraph 6—

(a) for “National regulatory authorities” substitute “ The regulatory authority ” ; and

(b) for the words from “the tariffs” to the end, substitute “ the tariffs of transmission system operators or the methodologies used to calculate them ” .

(8) For paragraph 7, substitute—

(7) In so far as an investment for enabling or enhancing bi-directional capacity is not required by the market but is considered to be necessary for security of gas supply purposes and where that investment incurs costs in the United Kingdom and a member State or in the United Kingdom for the benefit of a member State, the regulatory authority must endeavour to take a coordinated decision on cost allocation with the national regulatory authorities of the member States concerned before any investment decision is taken.

The cost allocation must take into account the proportion of the benefits of the infrastructure investments for the increase of the security of gas supply in the United Kingdom as well as investments already made in the infrastructure in question.

The cost allocation must not unduly distort competition and the effective functioning of the market in the United Kingdom and must seek to avoid any undue distortive effect on the market.

(9) In paragraph 8—

(a) for each occurrence of “competent authority” substitute “ Secretary of State ” ; and

(b) in the second subparagraph, omit from “and the single largest gas infrastructure” to the end.

(10) Omit paragraph 9.

Section 6

(1) Article 6 is amended as follows.

(2) In paragraph 1—

(a) for each occurrence of “competent authority” substitute “ Secretary of State ” ;

(b) in the first subparagraph, in the words before point (a), for “the natural gas undertakings that it identifies, to take measures to ensure the gas supply to the protected customers of the Member State” substitute “ natural gas undertakings to take measures to ensure the gas supply to protected customers ” ;

(c) omit the second subparagraph;

(d) in the fourth subparagraph, for “Article 9(4) to (9)” substitute “ Article 9(4) and (5) ” ;

(e) in the fifth subparagraph—

(i) for “Member States may comply” substitute “ Compliance ” ; and

(ii) after “the first subparagraph” insert “ may be ” .

(3) In paragraph 2—

(a) in the first subparagraph, omit points (b) and (c);

(b) omit the second subparagraph; and

(c) in the third subparagraph for “Article 9(4) to (9)” substitute “ Article 9(4) and (5) ” .

(4) In paragraph 3, for each occurrence of “competent authority” substitute “ Secretary of State ” .

(5) Omit paragraph 5.

(6) In paragraph 6—

(a) for “competent authorities” substitute “ Secretary of State ” ; and

(b) for “internal energy market” substitute “ energy market in the United Kingdom ” .

Section 7

(1) Article 7 is amended as follows.

(2) Omit paragraphs 1 and 2.

(3) In paragraph 3—

(a) in the first sentence—

(i) for “competent authority of each Member State” substitute “ Secretary of State ” ;

(ii) after “gas supply” insert “ in the United Kingdom ” ; and

(b) omit the second sentence.

(4) In paragraph 4—

(a) in the words before subparagraph (a)—

(i) for “assessments” substitute “ assessment ” ;

(ii) for “paragraphs 2 and 3” substitute “ paragraph 3 ” ;

(b) in subparagraph (a)—

(i) omit “and where appropriate include a calculation of the N – 1 formula at regional level”;

(ii) omit “, including where applicable those for the calculation of the N - 1 formula at regional level,”;

(c) in subparagraph (b), for “the Member States concerned” substitute “ the transmission systems of Great Britain and Northern Ireland ” ;

(d) in subparagraph (c), in point (ii), for “third country suppliers” substitute “ outside the United Kingdom ” ;

(e) omit subparagraph (d); and

(f) in subparagraph (e), for “Union law” substitute “ retained EU law ” .

(5) In paragraph 5—

(a) in the first sentence—

(i) for “common and national risk assessments” substitute “ national risk assessment ” ;

(ii) omit “relevant”;

(iii) omit “IV or”; and

(b) in the second sentence, for “Member States” substitute “ the Secretary of State ” .

(6) In paragraph 6, for the words from “as well as” to the end, substitute “ , the Northern Ireland department and the regulatory authority, must cooperate with the Secretary of State and provide the Secretary of State upon request with all necessary information for the national risk assessment ” .

(7) In paragraph 7—

(a) omit the first sentence;

(b) for the second sentence substitute “ The risk assessments must be updated by 1st October 2022 and every four years thereafter unless circumstances warrant more frequent updates. ” ; and

(c) in the third sentence, omit “of country-specific”.

Section 8

(1) Article 8 is amended as follows.

(2) In paragraph 1—

(a) after “distort competition” insert “ in the United Kingdom ” ; and

(b) for the words from “internal market” to the end, substitute “ gas market in the United Kingdom ” .

(3) In paragraph 2—

(a) in the words before subparagraph (a)—

(i) for “The competent authority of each Member State shall” substitute “ The Secretary of State must ” ;

(ii) for “, where it is not the competent authority, the national regulatory authority,” substitute “ the regulatory authority ” ;

(b) in subparagraph (a)—

(i) omit “common and”; and

(ii) for “nationals” substitute “ national ” .

(4) Omit paragraphs 3 and 4.

(5) Omit paragraph 6.

(6) In paragraph 7—

(a) in the first subparagraph—

(i) in the first sentence, omit “and notified to the Commission”;

(ii) omit the second sentence; and

(b) omit the second subparagraph.

(7) Omit paragraphs 8, 9, and 10.

(8) Omit paragraph 12.

Section 9

(1) Article 9 is amended as follows.

(2) In paragraph 1, in the first subparagraph—

(a) for point (b) substitute—

(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;

(b) in point (c)—

(i) omit “the identification of the single largest gas infrastructure of common interest in the case of the application of Article 5(3),”;

(ii) omit “including any justification showing compliance with the conditions laid down in Article 6(2)”; and

(iii) omit “or additional obligation in accordance with Article 11(3)”;

(c) in point (e), for “neighbouring Member States” substitute “ the United Kingdom and neighbouring relevant States ” ;

(d) in point (g), for “internal energy market as well as national markets” substitute “ energy market in the United Kingdom ” ;

(e) in point (i), for “cooperation with other Member States” substitute “ endeavouring to cooperate with member States ” ; and

(f) in point (j), for “the internal market” substitute “ the market in member States ” .

(3) At the end of paragraph 1, insert as a new subparagraph—

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.

(4) Omit paragraph 2.

(5) In paragraph 3, for “internal market in gas” substitute “ market in gas in the United Kingdom ” .

(6) In paragraph 4, for “Member States, and in particular their competent authorities,” substitute “ The Secretary of State ” .

(7) In paragraph 5—

(a) for “competent authority” substitute “ Secretary of State ” ; and

(b) omit the words from “, and shall notify” to the end.

(8) Omit paragraphs 6 to 10.

(9) In paragraph 11, in the first sentence, omit “or at the Commission's request”.

Section 10

(1) Article 10 is amended as follows.

(2) In paragraph 1, in the first subparagraph—

(a) in point (b)—

(i) for “competent authorities” substitute “ Secretary of State ” ;

(ii) for “national regulatory authorities” substitute “ regulatory authority ” ;

(b) in point (c), for “competent authorities” substitute “ Secretary of State ” ;

(c) in point (i), omit “, or for the application of Article 13”;

(d) omit point (j);

(e) omit points (m) and (n); and

(f) in point (o), for “Member States and/or natural gas undertakings” substitute “ the United Kingdom and member States, or between natural gas undertakings ” .

(3) In paragraph 1, in the second subparagraph, for “, or during the application of the measures referred to in Article 11(3) and Article 13, the competent authority of the Member State concerned” substitute “ the Secretary of State ” .

(4) In paragraph 2—

(a) in the first sentence, omit “or at the Commission's request”; and

(b) for the third sentence substitute “ Article 8(5), (7) and (11) apply to the updated plan. ” .

(5) In paragraph 3—

(a) for “competent authority” substitute “ Secretary of State ” ; and

(b) omit the third sentence.

Section 11

(1) Article 11 is amended as follows.

(2) Omit paragraphs 2 and 3.

(3) For paragraph 4, substitute—

(4) When an emergency is declared the Secretary of State must follow the pre-defined action as set out in the emergency plan. In duly justified exceptional circumstances, the Secretary of State may take action deviating from the emergency plan.

(4) Omit paragraph 5.

(5) In paragraph 6—

(a) in the words before subparagraph (a), for “Member States and, in particular, the competent authorities” substitute “ Secretary of State ” ; and

(b) omit subparagraphs (a) and (b).

(6) In paragraph 7—

(a) in the first subparagraph, for “a Member State” substitute “ the Secretary of State ” ;

(b) in the second subparagraph, for “Member States” substitute “ The Secretary of State ” ; and

(c) omit the third subparagraph.

(7) Omit paragraphs 8 and 9.

Section 12

Omit Articles 12 and 13.

Section 13

(1) Article 14 is amended as follows.

(2) In paragraph 1—

(a) for the words from “Where a Member State” to “Article 11(1)” substitute “ Where one of the crisis levels referred to in Article 11(1) has been declared ” ; and

(b) for “competent authority of the Member State concerned” substitute “ Secretary of State ” .

(3) Omit paragraphs 2 and 3.

(4) In paragraph 4—

(a) in the first sentence—

(i) for “competent authority of the most affected Member State” substitute “ Secretary of State ” ;

(ii) for “the Member State or other Member States” substitute “ the United Kingdom ” ; and

(b) omit the second sentence.

(5) Omit paragraph 5.

(6) In paragraph 6, in the first subparagraph—

(a) in the words before point (a)—

(i) for “competent authorities and the Commission” substitute “ Secretary of State ” ;

(ii) omit “at national, regional and Union level,”;

(b) in point (a)—

(i) for “competent authority concerned” substitute “ Secretary of State ” ;

(ii) in subpoint (vii), for “most affected Member State” substitute “ United Kingdom ” ;

(c) in point (b), in the first sentence—

(i) for “competent authority of the most affected Member State” substitute “ Secretary of State ” ;

(ii) for “that Member State” substitute “ the United Kingdom ” ; and

(d) in point (b), in the second sentence, for “shall notify the competent authority” substitute “ must notify the Secretary of State ” .

(7) In paragraph 6, in the second subparagraph—

(a) omit the first sentence;

(b) in the second sentence, for “shall be notified” substitute “ must be notified to the Secretary of State ” ; and

(c) omit the third sentence.

(8) In paragraph 7, in the first sentence—

(a) for “competent authority of the most affected Member State or the Commission” substitute “ Secretary of State ” ; and

(b) for “a Member State, of a region or of the Union, the competent authority of the Member State or the Commission” substitute “ the United Kingdom, the Secretary of State ” .

(9) Omit paragraph 8.

(10) For paragraph 9, substitute—

(9) The Secretary of State must take into account the information received under this Article in the preparation of the risk assessment, preventative action plan and emergency plan or their respective updates.

(11) Omit paragraphs 10 and 11.

(12) In paragraph 12—

(a) in the first sentence, for “as well as the respective assessments by the competent authorities or the Commission” substitute “ by the Secretary of State ” ; and

(b) in the second sentence, for “competent authorities and the Commission” substitute “ Secretary of State ” .

Section 14

(1) Article 15 is amended as follows.

(2) In paragraph 1, for “Article 14(4) to (8), and Article 18 excluding the results of the assessments referred to in Article 14(3) and (5)” substitute “ Article 14(4), (6) and (7) ” .

(3) In paragraph 2—

(a) omit subparagraphs (a) and (b);

(b) in subparagraph (c), for “persons who work or who have worked for the competent authorities and the national regulatory authorities” substitute “ the Secretary of State and persons who are authorised or who have been authorised to represent the Secretary of State and the regulatory authority ” ; and

(c) in subparagraph (d), for “competent authorities and national regulatory authorities” substitute “ the Secretary of State and the regulatory authority ” .

(4) In paragraph 3, for “Union” substitute “ retained EU ” .

(5) In paragraph 4, in the first sentence, for “the Commission, the competent authorities and the national regulatory authorities” substitute “ the Secretary of State, the regulatory authority ” .

Section 15

Omit Articles 16 to 18.

Section 16

Omit Articles 20 and 21.

Section 17

In the words after Article 22 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Section 18

Omit Annex I.

Section 19

(1) Annex II is amended as follows.

(2) In point 3, in the definition of ‘calculated area’, for “competent authority” substitute “ Secretary of State ” .

(3) Omit point 5.

Section 20

(1) Annex III is amended as follows.

(2) For point 1, substitute—

(1) For the execution of the provisions set out in this Annex the regulatory authority may act on behalf of the Secretary of State if so decided by the Secretary of State.

(3) In point 2—

(a) in the first subparagraph, for the words from “transmission system operators” to “potentially concerned” substitute “ the transmission system operator on the side of the interconnection in the United Kingdom must submit to the Secretary of State and the regulatory authority after consulting with all transmission system operators potentially concerned ” ; and

(b) for the second subparagraph, substitute “ The transmission system operator in the United Kingdom must endeavour to submit a joint proposal or request for exemption with the transmission system operators on the other side of the interconnection. ” .

(4) In point 3—

(a) for “competent authorities concerned shall without delay consult” substitute “ Secretary of State must without delay endeavour to consult ” ;

(b) for “Member State” substitute “ member State ” ; and

(c) omit “, the Agency and the Commission”.

(5) For point 4, substitute—

(4) The regulatory authority must within six months of receipt of the joint proposal, pursuant to Article 5(6) and (7), after consulting the project promoters concerned, endeavour to take a coordinated decision with the national regulatory authorities of the member States concerned on the cross-border allocation of investment costs to be borne by each transmission system operator of the project. Where the regulatory authority and the national regulatory authorities concerned have not reached an agreement within that deadline, the regulatory authority must inform the Secretary of State without delay.

(6) In point 5—

(a) in the first sentence—

(i) for “competent authorities concerned” substitute “ Secretary of State ” ;

(ii) for “internal gas market” substitute “ gas market in the United Kingdom ” ;

(iii) for “take a coordinated decision” substitute “ endeavour to take a coordinated decision with the competent authorities of the member States concerned within two months ” ;

(b) omit the second sentence;

(c) in the third sentence, for “regulatory authorities concerned” substitute “ the regulatory authority ” ;

(d) after the third sentence, insert “ The two month period may be extended by agreement between the Secretary of State and the competent authorities of the member States concerned. ” ;

(e) in the last sentence—

(i) in subparagraph (a), for “prepared by the regulatory authorities concerned” substitute “ prepared by the regulatory authority and the national regulatory authorities of the member States concerned, provided such coordinated decision has been reached ” ;

(ii) in subparagraph (b), for “any relevant Member State” substitute “ the United Kingdom or any relevant member State, ” ; and

(iii) for subparagraph (c), substitute—

(c) request the transmission system operators in the United Kingdom to amend and resubmit their proposal or exemption request within a maximum period of four months although any proposal or exemption request may only be considered a total of three times, before a fresh proposal or exemption is required.

(7) Omit points 6 to 11.

(8) In point 12—

(a) for “Commission, the Agency,” substitute “ Secretary of State ” ; and

(b) omit “the competent authorities”.

(9) In point 13, for “Commission or other concerned Member State” substitute “ concerned member State ” .

Section 21

Omit Annex IV.

Section 22

(1) Annex V is amended as follows.

(2) For the words before point 1 from “Name of the competent authority” to “risk assessment” substitute “The Secretary of State has prepared this risk assessment in relation to security of gas supply in the United Kingdom”.

(3) In point 1—

(a) omit point 1.1; and

(b) in point 1.2—

(i) at the beginning, omit “1.2”; and

(ii) for “the Member State” substitute “ the United Kingdom ” .

(4) In point 2—

(a) in point 2(a)(ii), for “at national level” substitute “ for the United Kingdom ” ;

(b) in point 2(a)(vii), for “Member State” substitute “ Secretary of State ” ; and

(c) omit point 2(a)(viii).

(5) In point 3—

(a) for each occurrence of “the Member State” substitute “ the United Kingdom ” ;

(b) in the second subparagraph—

(i) in the words before point (a), for “competent authority” substitute “ Secretary of State ” ;

(ii) in point (a), for “gas disruption from third countries” substitute “ gas disruption from countries outside of the United Kingdom ” ; and

(iii) in point (c), for “agreements with third-country suppliers” substitute “ agreements with suppliers outside of the United Kingdom ” .

(6) In point 5, omit “common risk assessment the Member States has been involved in, including the identification of”.

Section 23

(1) Annex VI is amended as follows.

(2) Under the heading “General Information”, for the words from “Member States” to “plan” substitute “ The Secretary of State has prepared this plan for the United Kingdom ” .

(3) In point 1—

(a) omit point 1.1;

(b) in point 1.2—

(i) at the beginning, omit “1.2”;

(ii) in the words before point 1.2(a), for “per Member State” substitute “ for the United Kingdom ” ;

(iii) in points 1.2(b) and 1.2(d), omit “at national level”; and

(iv) in point 1.2(e), for “the Member State” substitute “ the United Kingdom ” .

(4) In point 2, omit “common and national”.

(5) In point 3—

(a) omit point 3.1;

(b) in point 3.2—

(i) omit the heading “National level”;

(ii) in point 3.2(a)(ii), omit “at national level”;

(iii) in point 3.2(a)(v), for “Member State” substitute “ Secretary of State ” ; and

(iv) omit point 3.2(a)(vi).

(6) In point 4—

(a) in point 4(d)(vi), for the third point preceded by a dash, substitute—

— provide an analysis of the impact of the measure on the national market.

(b) omit point 4(e)(ii).

(7) In point 5—

(a) in point 5(a)—

(i) in point 5(a)(i), omit “or regional”;

(ii) omit “— measures to enhance interconnections between neighbouring Member States,”;

(b) in point 5(b), omit “of the relevant risk group(s) Member State”; and

(c) in point 5(c)(iii), for the third point preceded by a dash, substitute—

— provide an analysis of the impact of the measure on the national market;

— explain the extent to which efficiency measures, including on the demand side, have been considered to increase the security of supply;

— explain the extent to which renewable energy sources have been considered to increase the security of supply.

(8) In point 7—

(a) in point 7(a)—

(i) omit “, including Projects of Common Interests in the relevant risk groups”;

(ii) for “the risk group” substitute “ the United Kingdom ” ; and

(b) omit point 7(b).

(9) In point 9(d), for “national regulatory authority” substitute “ the regulatory authority ” .

(10) In point 10, in the heading, for “Regional dimension” substitute “ Additional matters ” .

(11) Omit points 11.1, 11.2 and 11.3.

Section 24

(1) Annex VII, is amended as follows.

(2) For “Name of the competent authority” to “plan” substitute “ The Secretary of State is responsible for the preparation of the present plan for the United Kingdom ” .

(3) In point 5(a)—

(a) for “competent authorities” substitute “ relevant authorities ” ; and

(b) omit “national”.

(4) In point 5(b), for “competent authorities” substitute “ relevant authorities ” .

(5) Omit point 8.

Section 25

(1) Annex VIII is amended as follows.

(2) In the words preceding point (a), for “competent authority” substitute “ Secretary of State ” .

(3) In point (a), in the second point preceded by a dash, omit “(e.g. in accordance with Council Directive 2009/119/EC )”.

Section 26

Omit Annex IX.

Section 1

(1) Article 2 is amended as follows.

(2) In paragraph 1, for “within the borders of the Union”, substitute “ to the extent that they are within the United Kingdom or the UK marine area, and taking into account the specific nature of interconnectors ” .

(3) In paragraph 2—

(a) at the beginning, insert “ To the extent they fall within the United Kingdom or the UK marine area, ” ;

(b) for “in Member”, substitute “ of member ” ; and

(c) after “2009/73/EC, insert “ as it has effect in EU law, unless the national regulatory authority and the member State agree otherwise ” .

(4) In paragraph 4—

(a) omit “under the applicable national rules and”; and

(b) after “gas supply”, insert “ and other applicable national rules ” .

(5) After paragraph 5, insert—

(6) To the extent it falls within the United Kingdom or the UK marine area, this Regulation does not apply to the balancing zone of another country that is not a member State unless the national regulatory authority determines otherwise.

(7) 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.

(8) 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.

(9) Any reference to an adjacent balancing zone in this Regulation includes a balancing zone outside the United Kingdom or the UK marine area.

Section 2

After Article 1, insert—

Article 2A

Obligations on transmission system operators

(1) In any case where a transmission system operator cannot comply with an obligation set out in this Regulation without the cooperation of a non-UK TSO, the obligation must be interpreted as a requirement on the transmission system operator to

(a) comply with the obligation in so far as it is able to do so without the cooperation of the non-UK TSO; and

(b) endeavour to cooperate with the non-UK TSO in order to comply with that obligation.

(2) Paragraph 1 applies so that obligations that apply to transmission system operators at an interconnection point apply to a transmission system operator that is adjacent to a non-UK TSO at an interconnection point.

Section 3

(1) Article 3 is amended as follows.

(2) In the words before point (1)—

(a) after “715/2009,”, insert “ and ” ;

(b) omit “as well as Article 2 of Directive 2009/73/EC ”.

(3) In point (1), at the end insert “ to the extent that the entry-exit system is part of the transmission system of Great Britain or Northern Ireland, or in the United Kingdom and the UK marine area; ” .

(4) After point (21), insert—

(22) the UK marine area' has the same meaning given in section 42 of the Marine and Coastal Access Act 2009 .

Section 4

(1) Article 7(7) is amended as follows.

(2) After “transmission system operators”, insert “ must cooperate with each other and must endeavour to cooperate with non-UK TSOs ” .

(3) After “balancing zones”, omit “shall cooperate”.

Section 5

(1) Article 14 is amended as follows.

(2) In paragraph 1, for “13:00 UTC (winter time) or 12:00 UTC (daylight saving)”, substitute “ 1.00 p.m. ” .

(3) In paragraph 3, for “15:00 UTC (winter time) or 14:00 UTC (daylight saving)”, substitute “ 3.00 p.m. ” .

(4) In paragraph 4—

(a) in point (b), for “12:00 UTC (winter time) or 11:00 UTC (daylight saving)”, substitute “ 12.00 p.m. ” ; and

(b) in point (c), for “12:30 UTC (winter time) or 11:30 UTC (daylight saving)”, substitute “ 12.30 p.m. ” .

Section 6

(1) Article 16 is amended as follows.

(2) In paragraph 1(a), after “transmission system operators”, insert “ , non-UK TSOs ” .

(3) In paragraph 2, for “shall”, substitute “ may ” .

Section 7

(1) Article 26 is amended as follows.

(2) In paragraph 4—

(a) after “national regulatory authorities”, insert “ the non-UK regulatory authorities in adjacent balancing zones, ” ; and

(b) after “transmission system operators”, insert “ and non-UK TSOs ” .

(3) In paragraph 6, omit “, and send it to ENTSOG for information”.

Section 8

(1) Article 27(2) is amended as follows.

(2) For “with the national regulatory authorities”, substitute “ with the other national regulatory authority and the non-UK regulatory authorities ” .

(3) For “Member States”, substitute “ balancing zones ” .

(4) Omit the last sentence.

Section 9

Omit Article 28.

Section 10

In Article 33(1), omit point (g).

Section 11

In Article 34(3), for “17:00 UTC (winter time) or 16:00 UTC (daylight saving)”, substitute “ 5.00 p.m. ” .

Section 12

(1) Article 36 is amended as follows.

(2) In paragraph 1(a), for “12:00 UTC (winter time) or 11:00 UTC (daylight saving)”, substitute “ 12.00 p.m. ” .

(3) In paragraph 2, for “13:00 UTC (winter time) or 12:00 UTC (daylight saving)”, substitute “ 1.00 p.m. ” .

Section 13

In Article 46(4), omit the second sentence.

Section 14

(1) Article 47 is amended as follows.

(2) In paragraph 2—

(a) after “between the transmission system operators”, insert “ and non-UK TSOs ” ; and

(b) for “it shall be operated by the transmission system operators concerned”, substitute “ the concerned transmission system operators must endeavour to operate it in cooperation with any concerned non-UK TSOs ” .

(3) In paragraph 3, for “submitting”, substitute “ making ” .

Section 15

Omit Articles 51 and 52.

Section 16

In Article 53, for “28, 33(5), 38(1), 45(4), 46(3), 51 and 52”, substitute “ 33(5), 45(4) and 46(3) ” .

Section 17

In the text after Article 53, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.