Statutory Instrument No. 145

REGULATIONS

European Communities (Internal Market in Electricity) (Amendment) Regulations 2002

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S.I. No. 145 of 2002

European Communities (Internal Market in Electricity) (Amendment) Regulations 2002

I, Mary O'Rourke, Minister for Public Enterprise, 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 further effect to Directive No. 96/92/EC of the European Parliament and of the Council of 19 December 1996¹ , hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Internal Market in Electricity) (Amendment) Regulations 2002.

2.         Regulation 10 of the European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 ) is amended -

(a) by substituting the following for paragraph (1):

“(1)  (a)   Subject to paragraph (2), the Board shall make available to the National Grid Business Unit such resources, including financing, staff and premises, as are necessary for the National Grid Business Unit to discharge its functions until such time as the transfer scheme provided for by Regulation 13 and the infrastructure agreement provided for by Regulation 18 have been made.

(b)   Subject to paragraph (2), the Board shall make available to EirGrid such resources, including financing, staff and premises, as are necessary for EirGrid to prepare for the discharge of its functions, until such time as the transfer scheme provided for by Regulation 13 and the infrastructure agreement provided for by Regulation 18 have been made.”,

(b) by substituting the following for paragraph (3):

“(3)  The arrangements provided for by this Regulation shall continue until such time as the transfer scheme provided for by Regulation 13 and the infrastructure agreement provided for by Regulation 18 have been made. Until that time it shall be the duty of the Board and the National Grid Business Unit to ensure that the greatest degree of separation of the business of the National Grid Business Unit from that of the Board which is practicable is maintained at all times.”.

EXPLANATORY NOTE

(This note is not a part of the Instrument and does not purport to be a legal interpretation)

These Regulations give further legal effect to Directive No. 96/92/EC of the European Parliament and of the Council of 19th December 1996, concerning common rules for the internal market in electricity, by amending the European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 ), to provide that ESB shall make resources available to ESB National Grid Business Unit and to EirGrid until such time as the transfer scheme provided for by Regulation 13 of S.I. No. 445 of 2000 and the infrastructure agreement provided for by Regulation 18 of S.I. No. 445 of 2000 have been made.

¹ OJ No. L27 of 30.01.1997, p. 20