European Union (Internal Market in Natural Gas) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 83/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th March, 2020.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, 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 (EU) 2019/692 of the European Parliament and of the Council of 17 April 20191 amending Directive 2009/73/EC concerning common rules for the internal market in natural gas, hereby make the following regulations:

PART 1

CITATION

Citation

1. These Regulations may be cited as the European Union (Internal Market in Natural Gas) Regulations 2020.

PART 2

AMENDMENT OF GAS ACT 1976

Definition

2. In this Part, “Act of 1976” means the Gas Act 1976 (No. 30 of 1976).

Amendment of section 2 of Act of 1976

3. Section 2 of the Act of 1976 is amended -

(a) by the substitution of the following definition for the definition of “Natural Gas Market Directive”:

“ ‘Natural Gas Market Directive’ means Directive 2009/73/EC of the European Parliament and of the Council of 13 July 20092 as amended by Directive (EU) 2019/692 of the European Parliament and of the Council of 17 April 20191 ;”, and

(b) by the insertion of the following definition:

“ ‘interconnector’, in relation to natural gas, means a natural gas transmission line -

(a) which crosses or spans a border between Member States for the purpose of connecting the national transmission systems of those States, or

(b) between a Member State and a third country up to -

(i) the territory of that Member State, or

(ii) the territorial seas of that Member State;”.

Amendment of section 10A of Act of 1976

4. Section 10A of the Act of 1976 is amended -

(a) in subsection (1), by the substitution of the following definition for the definition of “Directive”:

“ ‘Directive’ means the Natural Gas Market Directive;”,

(b) in subsection (19) -

(i) in paragraph (a) -

(I) by the deletion of “to another Member State”, and

(II) by the substitution of “the European Communities (Internal Market in Natural Gas and Electricity) Regulations 2011 ( S.I No. 630 of 2011 )” for “these Regulations”,

(ii) in paragraph (d), by the substitution of the following subparagraph for subparagraph (v):

“(v) the exemption is not detrimental to -

(I) competition in the relevant markets which are likely to be affected by the investment,

(II) the effective functioning of the internal market in natural gas,

(III) the efficient functioning of the regulated systems concerned, or

(IV) the security of the supply of natural gas in the European Union, and”,

(iii) in paragraph (f), by the substitution of “Subject to subsection (19A), in making” for “In making”, and

(iv) in paragraph (i), by the insertion of “or refers to a natural gas transmission line with a third country,” after “Member State,”, and

(c) by the insertion of the following subsection after subsection (19):

“(19A) (a) Before the Commission makes a decision in regard to an exemption under subsection (19)(a), it shall consult -

(i) with the national regulatory authorities of the other Member States which are likely to be affected by the new infrastructure, and

(ii) subject to paragraph (b), where the infrastructure concerned is connected with the European Union network under the jurisdiction of another Member State and originates from, or ends in, one or more than one third country, with the relevant authorities of each such third country.

(b) Where paragraph (a)(ii) has been complied with but none of the relevant authorities referred to in that paragraph makes a response to the consultation sought within a reasonable timeframe or, as appropriate, within a set deadline not exceeding 3 months, the Commission may make the decision referred to in paragraph (a).”.

Amendment of section 10B of Act of 1976

5. Section 10B of the Act of 1976 is amended -

(a) by the substitution of the following subsection for subsection (10):

“(10) (a) Where an application is made under subsection (9) to the competent authority in relation to a dispute concerning an upstream pipeline, part of which is situated in the territory of another Member State, on the seabed under the territorial seas of another Member State or on the continental shelf belonging to another Member State, the competent authority shall, prior to considering the application, consult the relevant authorities in that other member State with respect to the application with a view to ensuring that the provisions of the Directive are applied consistently.

(b) Where the upstream pipeline network originates from a third country, the competent authority, prior to considering the application, shall consult the third country...