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

This instrument is one of a package of statutory instruments that will ensure that legislation governing the UK’s energy systems will function effectively if the UK leaves the European Union (‘EU’) without a withdrawal agreement in place. On 29 March 2019, the European Union (Withdrawal) Act 2018 will incorporate directly applicable EU legislation into UK law.

In response, this instrument amends five pieces of retained EU law relating to energy to correct or remove inoperable provisions. Specifically, this piece of legislation amends Regulation (EU) No 2017/1938 of the European Parliament and the Council concerning measures to safeguard the security of gas supply (hereafter ‘the Security of Gas Supply Regulation’) in order to ensure that it is operable when incorporated into domestic legislation.

It also amends provisions of four pieces of directly applicable EU tertiary legislation (collectively, “the network codes”), namely Commission Regulation (EU) 2015/703 establishing a network code on Interoperability and Data Exchange Rules (‘INT’), Commission Regulation 2017/460 establishing a network code on Harmonised Transmission Tariff Structures for Gas (‘TAR’), Commission Regulation 312/2014 establishing a network code on Balancing of Transmission Networks (‘BAL’) and Commission Regulation (EU) 2017/459 establishing a network code on Capacity Allocation Mechanisms in Gas Transmission Systems (‘CAM’) (gas transmission systems being the gas pipeline system and associated facilities designed for transporting gas).