Transitional power to modify licence conditions concerning the Commission for the Regulation of Utilities, Brexit and the Single Electricity Market, etc.

Department of Communications, Climate Action and Environment
General Introduction

This new section provides for the modification of electricity licences to ensure that, in the event that the United Kingdom leaves the European Union without a withdrawal agreement in place, the
Commission for the Regulation of Utilities (CRU) has sufficient powers to facilitate Ireland’s
compliance with the EU energy acquis and the ability to amend licences as is necessary to ensure
this compliance in a timely manner without leave for licencees to appeal the modifications by
recourse to a Ministerial Appeal Panel.

This legislative change is precautionary, time-limited and would only be commenced in the event of a departure of the United Kingdom from the European Union without the Withdrawal Agreement inplace.

Head 1:

Head 1 will allow the Commission for the Regulation of Utilities (CRU) to amend the licences of
electricity market participants without recourse to an appeal panel (as is the case in relation to
licence modifications generally under the Electricity Regulation Act 1999) for the purpose of
amending, or facilitating the operation of, the Single Electricity Market in a no deal scenario.
Explanatory Note:
The new section, 14B will allow the CRU to modify the conditions of a particular licence where it
considers it necessary for the operation of the SEM in the context of the departure of the United
Kingdom from the European Union. The effect of this change is that, in the event of a no-deal Brexit, the CRU can modify licences in a transparent and prompt manner to ensure compliance with the EU acquis.

Head 2 – Commencement

Provide for the commencement of the Part on the lines of the following –
This Part shall come into operation on such day or days as the Minister for Communications, Climate Action and Environment may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.

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