European Communities (Internal Market in Electricity) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: Citation and Construction.
num: 2
paragraphs: Interpretation.
PART 2
Commission for Energy Regulation
num: 3
paragraphs: Functions of Commission.
num: 4
paragraphs: Consultation by the Commission.
num: 5
paragraphs: Publication by Commission of Information and Advice.
PART 3
Transmission System Operator
num: 6
paragraphs: Functions of Transmission System Operator.
num: 7
paragraphs: Independence of Transmission System Operator.
num: 8
paragraphs: Duty of non-discrimination by Transmission System Operator.
num: 9
paragraphs: Restriction on disclosure of commercially sensitive information by Transmission System Operator.
PART 4
Distribution System Operator
num: 10
paragraphs: Functions of Distribution System Operator.
num: 11
paragraphs: Duty of non-discrimination by Distribution System Operator.
num: 12
paragraphs: Restriction on disclosure of commercially sensitive information by Distribution System Operator.
PART 5
Authorisations
num: 13
paragraphs: Authorisations to construct or re-construct a generating station.
num: 14
paragraphs: Application for Authorisation.
num: 15
paragraphs: Orders specifying criteria for considering applications for authorisations to construct or reconstruct a generating station.
PART 6
Licences
num: 16
paragraphs: Licences.
PART 7
Public Electricity Supplier and Supplier of Last Resort
num: 17
paragraphs: Conditions of Public Electricity Supply Licence.
num: 18
paragraphs: Supply of Duty of the Public Electricity Supplier.
num: 19
paragraphs: Tariffs for Public Electricity Supplier.
num: 20
paragraphs: Duty of Non-Discrimination by Public Electricity Supplier.
num: 21
paragraphs: Supplier of Last Resort.
PART 8
Public Service Obligations and Consumer Protection
num: 22
paragraphs: Public Service Obligations.
num: 23
paragraphs: Suppliers’ Customer Charters.
num: 24
paragraphs: Dispute Resolution between Consumers and Suppliers.
num: 25
paragraphs: Information on Energy Sources.
num: 26
paragraphs: Standards of Performance for Public Electricity Supplier, Transmission System Operator and Distribution System Operator in relation to supply.
PART 9
Unbundling of Accounts
num: 27
paragraphs: Unbundling of accounts of electricity undertakings.
PART 10
Security of Supply
num: 28
paragraphs: Security of Supply.
PART 11
De-energisation or Disconnection of Supply
num: 29
paragraphs: De-energisation or Disconnection of Supply.
PART 12
General Provisions
num: 30
paragraphs: Direct Lines.
num: 31
paragraphs: Dispute Resolution between third parties and System Operators.
num: 32
paragraphs: Establishment of Appeal Panel.
num: 33
paragraphs: Reciprocity.
num: 34
paragraphs: Imports and Exports of Electricity.
num: 35
paragraphs: Restriction on disclosure of commercially sensitive information by Transmission System Owner.
num: 36
paragraphs: Miscellaneous Amendments to Principal Regulations.
num: 37
paragraphs: Offences by Bodies Corporate.
num: 38
paragraphs: Prosecution of Offences under these Regulations.
num: 39
paragraphs: Furnishing of False Information.
num: 40
paragraphs: Savers.
S.I. No. 60 of 2005 .
EUROPEAN COMMUNITIES (INTERNAL MARKET IN ELECTRICITY) REGULATIONS 2005.
I, NOEL DEMPSEY, Minister for Communications, Marine and Natural Resources, 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. 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC1 , hereby make the following regulations:
PART 1
Preliminary and General
Citation and Construction
num: 1
paragraphs: (1) These Regulations may be cited as the European Communities (Internal Market in Electricity) Regulations 2005.
(2) These Regulations and the European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 ) may be cited together as the European Communities (Internal Market in Electricity) Regulations 2000 and 2005 and shall be construed together as one.
Interpretation
num: 2
paragraphs: (1) In these Regulations, except where the context otherwise requires—
“Act of 1999” means the Electricity Regulation Act 1999 (No. 23 of 1999);
“Directive” means Directive No. 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in electricity and repealing Directive 96/92/EC1 ;
“distributed generation” means generation plants connected to the distribution system;
“eligible customers” means customers who are free to purchase electricity from the licensed supplier of their choice;
“final customer” means customers purchasing electricity for their own use;
“integrated electricity undertaking” has the meaning assigned by the Directive;
“Minister” means the Minister for Communications, Marine and Natural Resources;
“Principal Regulations” means the European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 );
“public electricity supplier” means the holder of a licence under section 14(1)(h) of the Act of 1999;
“supply” means the sale, including resale, of electricity to customers;
(2) (a) A word or expression that is used in these Regulations and is also used in the Principal Regulations or the Act of 1999 has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Principal Regulations or the Act of 1999.
(b) A word or expression that is used in these Regulations and is also used in the Directive has unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(c) Where a word or expression is given a meaning in the Directive, the Principal Regulations, the Act of 1999 or in these Regulations then except where the context otherwise requires, any cognate word or expression used in these Regulations shall be construed accordingly.
(3) In these Regulations—
(a) a reference to a regulation is a reference to a regulation of these Regulations unless it is indicated that a reference to some other enactment is intended, and
(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
(4) A reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including these Regulations.
PART 2
Commission for Energy Regulation
Functions of Commission
num: 3
paragraphs: Section 9 of the Act of 1999 is amended—
(a) in subsection (1)—
(i) by the substitution for paragraphs (da), (db and (dc) of the following:
“(da) to facilitate arrangements, to apply until 19 February 2005 approved of by the Commission which have the effect of securing that the public electricity supplier is able to satisfy demand for electricity from final customers who are not supplied in accordance with a licence issued under paragraphs (b), (c) or (d) of section 14(1), in the first instance from generation stations currently owned by the Board,
(db) to examine charges, and the costs underlying such charges, or any proposals to alter such charges for electricity supplied by the public electricity supplier in accordance with paragraph (da to final customers who are not being supplied in accordance with a licence issued under paragraphs (b), (c) or (d) of section 14(1),
(dc) following an examination pursuant to paragraph (db) and where the Commission considers it necessary to issue directions or approvals to the public electricity supplier in relation to either or both the nature and the amount of any charge or proposed charge referred to in paragraph (db),
(dd) to facilitate arrangements on an economic basis after 19 February 2005, approved by the Commission which have the effect of securing that the public electricity supplier is able to satisfy demand for electricity from final customers, who are not supplied in accordance with a licence issued under paragraphs (b), (c or (d) of section 14(1),
(de) to examine charges, and the costs underlying such charges, or any proposal to alter such charges for electricity supplied by the public electricity supplier to final customers who are not supplied in accordance with a licence issued under paragraph (b), (c or (d) of section 14(1),
(df) following an examination pursuant to paragraph (de) and where the Commission considers it necessary to issue directions or approvals to the public electricity supplier in relation to either or both the nature and the amount of any charge or proposed charge referred to in paragraph (de),
(dg) to ensure such arrangements are in place, as the Commission deems appropriate, which have the effect of securing the extent to which each generating station group of generating stations or all generating stations, owned by the Board, supplies electricity to or is supplied with electricity by either or both, the public electricity supplier, suppliers and generators licensed under section 14(1),
(dh) to examine charges, and the costs underlying such charges, or any proposal to alter such charges, as the Commission deems appropriate for electricity supplied from each generating station group of generating stations or all generating stations, owned by the Board, to the public electricity supplier, suppliers and generators licensed under section 14(1),
(di) following an examination pursuant to paragraph (dh) and where the Commission considers it necessary to issue directions or approvals to the Board in relation to either or both the nature and the amount of any charge or proposed charge referred to in paragraph (dh),”,
(ii) in subparagraph (e) by the substitution of “Act,” for “Act.”,
(iii) by the insertion of the following paragraphs after paragraph (e):
“(f) to contribute towards the development of the internal market by co-operating with other national regulatory authorities and with the European Commission,
(g) to grant, monitor the performance of, modify, revoke and enforce licences and authorisations pursuant to this Act,
(h) to publish information and advice and settle disputes in accordance with the provisions of this Act,
(i) to carry out the role assigned to it by section 39, and
(j) to ensure that there is, in accordance with Article 3.5 of the Directive, a high standard of protection for final customers in their dealings with licensed suppliers,”,
(b) by the substitution for subsection (1A) of the following subsection:
“(1A) For the purposes of this Act, the functions of the Commission under the European Communities (Internal Market in Electricity) Regulations 2000 and 2005 shall be deemed to be functions of the Commission under this Act.”,
(c) by the insertion of the following subsections after subsection (1C) (inserted by the European Communities (Internal Market in Natural Gas (No. 2) Regulations 2004 ( S.I. No. 452 of 2004 )):
“(1D) The commission shall in relation to electricity monitor:
(a) the rules on the management and allocation of interconnection capacity, in conjunction with the regulatory authority or authorities of those Member States with which interconnection exists,
(b) any mechanisms to deal with congested capacity within the national electricity system,
(c) the time taken by the transmission system operator and the distribution system operator to make connections and repairs,
(d) the publication of appropriate information by the transmission system operator and the distribution system operator concerning interconnectors, grid usage and capacity allocation to interested parties, taking into account the need to treat non-aggregated information as commercially confidential,
(e) the effective unbundling of accounts to ensure that there are no cross-subsidies between generation transmission, distribution and supply activities,
(f) the terms, conditions and tariffs for connecting new producers of electricity to guarantee that these are objective, transparent and non-discriminatory, in particular taking full account of the costs and benefits of the various renewable energy sources technologies distributed generation and combined heat and power,
(g) the extent to which the transmission system operator and the distribution system operator fulfil their functions in accordance with statutory requirements, and
(h) the level of transparency and competition.