European Communities (Internal Market in Natural Gas) (BGÃ) (Amendment) Regulations 2007
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Internal Market in Natural Gas) (BGÃ) (Amendment) Regulations 2007.
(2) These Regulations come into operation on the day after the day on which notice of their making is published in the Iris OifigiÃºil.
“Principal Regulations” defined
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paragraphs: In these Regulations, “Principal Regulations” means the European Communities (Internal Market in Natural Gas) (BGÃ) Regulations 2005 (S.I. No. 760 of 2005).
Substitution of Regulation 7 of Principal Regulations
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paragraphs: The Principal Regulations are amended by substituting the following Regulation for Regulation 7:
“Appointment and removal of directors of subsidiary company to be subject to the approval of the Minister
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paragraphs: Neither the appointment of a person as a director of the subsidiary company nor the removal of a director takes effect until approved by the Minister.”.
Substitution of new Regulations for Regulation 8 of Principal Regulations
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paragraphs: The Principal Regulations are amended by substituting the following Regulations for Regulation 8:
“BGÃ and subsidiary company to enter into agreements
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paragraphs: (1) As soon as practicable after the formation and registration of the subsidiary company in accordance with Regulation 5, BGÃ and the subsidiary company shall enter into negotiations in good faith with a view to entering into one or more agreements providing for the following matters:
(a) the terms on which each of them will fulfil its functions with respect to the BGÃ transportation system;
(b) the terms on which BGÃ will provide the subsidiary company with the resources (including financial resources) and services necessary to enable that company to fulfil its responsibility with respect to the operation of the BGÃ transportation system.
(2) An agreement made between BGÃ and the subsidiary company under paragraph (1) is subject to approval by the CER.
(3) An agreement entered into, or taken to have been entered into, under this Regulation takes effect from the transfer date.
(4) An agreement entered into, or taken to have been entered into, under this Regulation (or the agreement as varied or substituted under Regulation 8A) is valid only as far as it is consistent with the Natural Gas Market Directive.
Variation of agreements entered into, or taken to have been entered into, under Regulation 8
8A. (1) BGÃ and the subsidiary company may, from time to time, and subject to the approval of the CER, vary an agreement entered into, or taken to have been entered into, under Regulation 8.
(2) A variation of an agreement entered into, or taken to have been entered into, under Regulation 8 may provide for the variation, or any particular provisions of the variation, to take effect from a specified date (which may be the transfer date). The date so specified is subject to the approval of the CER, which may substitute another date if it considers it appropriate to do so.
(3) If either BGÃ or the subsidiary company wishes to vary an agreement entered into, or taken to have been entered into, under Regulation 8, the other of them shall enter into negotiations in good faith with a view to concluding such a variation.
(4) In this Regulation, ‘vary’, in relation to an agreement, includes replacing the agreement with another agreement that deals with the same matters.”.
Amendment of Regulation 9 of Principal Regulations (BGÃ to prepare plan for transfer of assets and staff to subsidiary company)
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paragraphs: Regulation 9 of the Principal Regulations is amended as follows:
(a) by substituting the following paragraphs for paragraphs (1) and (2):
“(1) As soon as practicable after the registration of the subsidiary company under the Companies Acts, BGÃ shall prepare and submit to the Minister for approval a plan for the transfer to the subsidiary company of-
(a) such assets, rights and liabilities of BGÃ specified in the plan, and
(b) such employees of BGÃ designated in the plan,
as are necessary to enable the subsidiary company to carry out its responsibilities for the operation of the BGÃ transportation system as provided in the agreement entered into, or taken to have been entered into, under Regulation 8.
(2) If the Minister considers that the plan-
(a) includes information other than that specified in paragraph (1), or
(b) is not adequate to enable the subsidiary company to carry out its responsibilities,
the Minister shall, following consultation with the CER, specify the changes that need to be made before the Minister will approve the plan. On being notified of those changes, BGÃ shall revise the plan to give effect to those changes.”;
(b) in paragraph (3)(b), by substituting “that part or those parts” for “those part or parts”.
Substitution of Regulation 11 of Principal Regulations
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paragraphs: The Principal Regulations are amended by substituting the following Regulation for Regulation 11:
“Transfer to subsidiary company of operation of transportation system and continuing functions of BGÃ
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paragraphs: (1) As from the transfer date, responsibility for the operation of the BGÃ transportation system is vested in the subsidiary company, which shall operate that system in accordance with these Regulations and in a manner consistent with Article 8 of the Natural Gas Market Directive. That responsibility includes (but is not limited to) identifying works necessary for the effective operation of the BGÃ transportation system.
(2) As soon as practicable after identifying works necessary for the effective operation of the BGÃ transportation system, the subsidiary company shall give directions to BGÃ with respect to carrying out those works.
(3) BGÃ shall take all practicable steps to ensure that directions given to it under paragraph (2) are complied with by the date, or within the period, specified in those directions, or by such later date, or within such extended period, as the subsidiary company may allow.
(4) On the transfer date-