European Union (Security of Natural Gas Supply) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as European Union (Security of Natural Gas Supply) Regulations 2013.
num: 2
paragraphs: In these Regulations—
num: 3
paragraphs: The CER is designated as the competent authority for the purpose of the Regulation and shall have the following functions with regard to security of natural gas supply:
(a) the establishment of a regulatory framework to ensure adequate levels of security of supply;
(b) to act as competent authority for the purpose of the Regulation;
(c) to ensure compliance with, and the implementation of, the measures as set out in the Regulation;
(d) the submission of an annual report to the Minister, not later than the 31st day of October of each year, regarding the measures it has taken under the Regulation, which may include such information as the Minister may request in relation to the security of supply;
(e) the designation of the categories of customers to be defined as protected customers.
num: 4
paragraphs: Where the CER declares a crisis level, it shall notify the National Gas Emergency Manager who shall co-ordinate the implementation of the Natural Gas Emergency Plan, as required.
num: 5
paragraphs: (1) The CER—
(a) shall appoint persons to be authorised officers for the purposes of taking any action necessary to ensure compliance with a direction given by the National Gas Emergency Manager, under section 19B(6) of the Act of 2002, for the implementation of the National Gas Emergency Plan, and such appointment may be specified to be for a fixed period, and
(b) shall furnish a certificate of appointment to a person appointed as an authorised officer, under this Regulation, on his or her appointment who shall, when exercising any power conferred on him or her by these Regulations, if requested by any person affected, produce the certificate or a copy of it to that person.
(2) An appointment of an authorised officer under paragraph (1)(a) shall cease—
(a) if the CER revokes the appointment, or
(b) if the appointment is for a fixed period, on the expiry of that period.
num: 6
paragraphs: (1) In the event of non-compliance with a direction referred to in Regulation 5(1)(a), an authorised officer appointed under Regulation 5 may take any or all of the following actions to ensure compliance of natural gas undertakings and customers:
(a) at any time, enter land or a premises in order to take any action necessary to ensure compliance with that direction;
(b) require any person on the land or premises to do all such things as are in his or her opinion necessary or expedient for the purpose of ensuring compliance with the direction;
(c) require the person in charge of the land or premises to give the authorised officer such assistance and facilities within the person’s power or control as are reasonably necessary to enable the authorised officer to exercise any of his or her powers under this Regulation;
(d) require the person in charge of the land or premises to give the authorised officer such information as the authorised officer may reasonably require for the purposes of his or her powers under this Regulation;
(e) require a person on the land or premises to follow any procedure for the purposes of any action necessary to ensure compliance with that direction.
(2) An authorised officer performing any of their powers under paragraph (1) may be accompanied, and assisted in the exercise of that power, by one or more members of the Garda SÃ­ochÃ¡na.
(3) Any person who—
(a) obstructs, impedes or interferes with an authorised officer in the exercise of a power conferred on him or her by these Regulations,
(b) without reasonable excuse, refuses or fails to comply with a requirement made of him or her under paragraph (1), or
(c) makes a statement, or furnishes information pursuant to a requirement made of him or her under paragraph (1), which is false or misleading in a material respect, knowing it to be so false or misleading or being reckless as to whether it is so false or misleading,
(4) A person who commits an offence under this Regulation is liable—
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or
(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 3 years, or to both.
(5) Where an offence under this Regulation is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(6) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the CER.
num: 7
paragraphs: Where any damage to property is caused by the exercise of a power conferred by these Regulations, the damage shall, for all purposes and in particular for the purpose of any contract of insurance, be deemed to have been caused as a result of the activation of the Natural Gas Emergency Plan.
num: 8
paragraphs: Section 19B (inserted by Regulation 5 of the European Communities (Security of Natural Gas Supply) Regulations 2007 ( S.I. No. 697 of 2007 )) of the Act of 2002 is amended by substituting for paragraph (c) of subsection (3) the following:
“(c) measures to ensure that supplies for household customers and any such categories of customers, as may be determined by the Commission from time to time, are protected in the event of a natural gas emergency,”.