S.I. No. 226 of 2009

EUROPEAN COMMUNITIES (INTERNAL MARKET IN ELECTRICITY) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 26th June, 2009.

I, EAMON RYAN, Minister for Communications, Energy 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 1 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Internal Market in Electricity) Regulations 2009.

2. Section 34 of the Electricity Regulation Act 1999 (No. 23 of 1999) is amended by inserting after subsection (1A) (inserted by Regulation 33 of the European Communities (Internal Market in Electricity) Regulations 2000 ( S.I. No. 445 of 2000 ) and amended by Regulation 30 of the European Communities (Internal Market in Electricity) Regulations 2005 ( S.I. No. 60 of 2005 )) the following:

"(1B) An offer under subsection (1), made for the purpose of connecting a generating station to the distribution system, may, on request of the applicant, be on the basis that the applicant constructs, or that either or both the applicant and the distribution system operator arranges to have constructed, the connection to the distribution system, and any such connection constructed or arranged to be constructed by the applicant shall be the property of the person with whom the agreement is made, and shall, for the purposes of section 37(4), be deemed to be a direct line.".

GIVEN under my Official Seal,

15 June 2009

EAMON RYAN,

Minister for Communications, Energy and Natural Resources.

EXPLANATORY NOTE.

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

These Regulations give further legal effect to Directive 2003/54/EC of the European Parliament and of the Council of the 26 June 2003, concerningcommon rules for the internal market in electricity and repealing Directive 96/92/EC, by providing for the construction of contestable connections between electricity generating plants and the Distribution System.

1 O.J. No. L176, 15.7.2003, p. 37.