European Communities (Internal Market in Natural Gas) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 426/2004
• Year: 2004

I, DERMOT AHERN, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC1 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Internal Market in Natural Gas) Regulations 2004. 2. Section 10A (inserted by section 14 of the Gas (Interim) (Regulation) Act 2002 ) of the Gas Act 1976 is amended as follows:

(a) by the substitution for subsection (1) of the following subsection:

“(1) Subject to subsection (6) and subject to such exemptions as may be granted in accordance with Article 22 of the Directive, where an application is received for third party access in respect of a facility operated by a person licensed under section 16 of the Gas (Interim) (Regulation) Act 2002 and the applicant is—

(a) the holder of a natural gas licence under section 16 of the Gas (Interim) (Regulation) Act 2002 , for the purpose of carrying out any activity for which the holder is licensed,

(b) the holder of a petroleum lease under section 13 of the Petroleum and Other Minerals Development Act 1960 , for the purpose of carrying out any activity connected with the lease,

(c) a person in respect of whom an order has been made under section 2 (1) of the Gas (Amendment) Act 1987 , for the purpose of carrying out the functions conferred on the person by the order,

(d) a person who operates a gas-fired generating station, irrespective of its annual consumption level, for the purpose of providing energy for the generation of electricity at that station, or

(e) (i) in the case of an application made prior to 1 July 2004, a final customer (within the meaning of section 2 of the Gas (Interim) (Regulation) Act 2002 ) with an annual rate of consumption of not less than 500,000 standard cubic metres per annum (or such other rate as may stand prescribed for the time being) at a single meter installation for the purpose of delivery to that installation, or

(ii) in the case of an application made on or after 1 July 2004 or intended to have effect on or after that date, a customer (within the meaning of section 2 of the Gas (Interim) (Regulation) Act 2002 ) purchasing natural gas which is not exclusively for his or her household use,

the facility operator shall offer to enter into an agreement for such access, subject to terms and conditions specified in regulations made by the Commission under subsection (3).”,

(b) by the substitution for subsection (2) of the following subsection:

“(2) Notwithstanding the generality of subsection (1)—

(a) an offer made under that subsection may include an offer to grant access at a rate or for a volume or at a rate and for a volume different from that requested—

(i) where the offer is as well as an offer of access at the requested rate and volume, or

(ii) where the request may be refused in accordance with subsection (6),

(b) the Commission shall have the power to examine the reasons for making an offer under paragraph (a) and to give appropriate directions with regard to the volume and rate to be offered, without prejudice to any regulations made under subsection (3),

(c) where connection to or enhancement of the facility of the operator is required by the applicant, an offer made under that subsection—

(i) shall include the terms for such a connection or enhancement, including any charges for connection or enhancement, and details of all technical aspects relating to the connection or enhancement that might be reasonably required by that person, and

(ii) at the request of the applicant, may be on the basis that the applicant constructs, or that either or both the applicant and the operator make arrangements to have...