European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020
Source: Iris Oifigiúl 1 2020-12-31 00

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paragraphs: (1) These Regulations may be cited as the European Union (Internal Market in Electricity) (Regulatory Authority Matters) Regulations 2020.
(2) These Regulations shall come into operation on 1 January 2021.
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paragraphs: In these Regulations, “Act of 1999” means the Electricity Regulation Act 1999 (No.23 of 1999).
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paragraphs: Section 2(1) of the Act of 1999 is amended –
(a) by the insertion of the following before the definition of “Agency”;
“ ‘2019 ACER Regulation’ means Regulation (EU) 2019/942 of the European Parliament and of the Council of 5 June 20192 establishing a European Agency for the Cooperation of Energy Regulators;”,
‘2019 Internal Electricity Market Directive’ means Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 20193 on common rules for the internal market for electricity and amending Directive 2012/27/EU;
‘2019 Internal Electricity Market Regulation’ means Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 20192 on the internal electricity market;”,
(b) by the substitution of the following for the definition of “Agency”:
“ ‘Agency’ means the European Agency for the Cooperation of Energy Regulators established under the 2019 ACER Regulation;”,
(c) by the insertion of the following after the definition of “energy undertaking”:
“ ‘ENTSO for Electricity’ means the European Network of Transmission System Operators for Electricity referred to in Article 28 of the 2019 Internal Electricity Market Regulation;”,
(d) by the insertion of the following after the definition of “establishment day”:
“ ‘EU DSO entity’ means the European Entity for Distribution System Operators referred to in Article 52 of the 2019 Internal Electricity Market Regulation;”,
(e) by the insertion of the following after the definition of “grid code”:
“ ‘guidelines’, in relation to electricity, means guidelines adopted pursuant to Article 61 of the 2019 Internal Electricity Market Regulation;”,
(f) by the insertion of the following after the definition of “natural gas undertaking”:
“ ‘network codes’ , in relation to electricity, means network codes established pursuant to Article 59 of the 2019 Internal Electricity Market Regulation;
‘non-frequency ancillary service’, in in relation to electricity, means a service used by a transmission system operator or distribution system operator for steady state voltage control, fast reactive current injections, inertia for local grid stability, short-circuit current, black start capability and island operation capability;”,
(g) by the insertion of the following after the definition of “record”:
“ ‘regional coordination centre’ means a regional coordination centre established pursuant to Article 35 of the 2019 Internal Electricity Market Regulation;”,
(h) by the insertion of the following after the definition of “supply”:
“ ‘system operation region’ means the system operation region to be approved by the Agency pursuant to Article 36 of the 2019 Internal Electricity Market Regulation;”, and
(i) by the insertion of the following after the definition of “transmission system operator”:
“ ‘Union wide network development plan’ means the plan adopted pursuant to Article 30(1)(b) of the 2019 Internal Electricity Market Regulation;”.
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paragraphs: The Act of 1999 is amended by the insertion of the following after section 9N:
“9O. (1) It shall be a function of the Commission to approve a proposal for the establishment of one or more than one regional coordination centre in accordance with Article 35(1) of the 2019 Internal Electricity Market Regulation.
(2) In the event of the establishment of one or more than one regional coordination centre within the Commission’s system operation region, it shall be a function of the Commission –
(a) to approve the costs related to the activities of each regional coordination centre, which are to be borne by the transmission system operators within the system operation region, and to be taken into account in the calculation of tariffs, provided that they are reasonable and appropriate,
(b) to approve the cooperative decision-making process,
(c) to ensure that each regional coordination centre is equipped with all the necessary human, technical, physical and financial resources for fulfilling its obligations under the 2019 Internal Electricity Market Directive and carrying out its tasks independently and impartially,
(d) to propose jointly with other regulatory authorities of the system operation region additional tasks and additional powers that could be assigned to each regional coordination centre by the State, in coordination with other regulatory authorities in the system operation region,
(e) to ensure compliance by each regional coordination centre with the obligations under the 2019 Internal Electricity Market Directive and other relevant law of the European Union, in particular as regards cross-border issues, and jointly identify any failure of the regional coordination centre to comply with those obligations,
(f) where the Commission has not been able to reach an agreement (with the other regulatory authorities in the system operation region), within a period of 4 months after the start of consultations, on the matter of whether a failure to comply, as referred to in paragraph (e), has occurred or as to the extent of any such failure, to refer, jointly with those other authorities, the matter to the Agency for a decision, pursuant to Article 6(10) of the 2019 ACER Regulation,
(g) to monitor the performance of system coordination and report annually to the Agency in relation to such monitoring in accordance with Article 46 of the 2019 Internal Electricity Market Regulation.
(3) In performing its functions under this section, the Commission shall take all reasonable steps to ensure that such performance is closely coordinated with all relevant actions taken by other regulatory authorities in its system operation region.
(4) For the purposes of Article 62(2)(a) and (b) and (3) of the 2019 Internal Electricity Market Directive, section 55 shall be construed as if-
(a) ‘improper conduct’ includes failure by a regional coordination centre (which has its seat in the State) to comply with an obligation under the 2019 Internal Electricity Market Directive or the 2019 Internal Electricity Market Regulation or with any decision referred to in subsection (5) or any relevant legally binding decision of the Agency, and
(b) in circumstances of improper conduct referred to in paragraph (a), ‘specified body’ means such a regional coordination centre,