S.I. No. 524 of 2006

European Communities (Internal Market in Electricity) Regulations 2006.

I, Noel Dempsey T.D., 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:

1. These Regulations may be cited as the European Communities (Internal Market in Electricity) Regulations 2006.

2. The Electricity Regulation Act 1999 (No. 23 of 1999) is amended-

(a)  in section 29-

(i) by substituting for subsection (1) the following subsection:

-�(1)  This section applies to-

(a)  a person whose application for a licence or an authorisation is refused,

(b)  a person who is a holder of a licence or an authorisation and who wishes to appeal against a decision of the Commission-

(i)   to modify the licence or authorisation concerned, other than a modification of a class required by an order made under section 39 of 40, or

(ii)  to refuse to modify the licence or authorisation concerned at the request of the holder of that licence or authorisation.-�,

and

(ii)  by substituting for subsection (2) the following subsection:

-�(2)  A person to whom this section applies may, within 28 days of the making of a decision-

(a)  to refuse to grant a licence or an authorisation,

(b)  to modify a licence or an authorisation, or

(c)  to refuse to modify a licence or an authorisation,

request the Minister to establish a panel to be known and in this Act referred to as an -�Appeal Panel-�.-�,

(b)  in section 30, by substituting for subsection (1) the following subsection:

-�(1)  An Appeal Panel shall hear and determine an appeal against-

(a)  a refusal to grant a licence or an authorisation,

(b)  a modification, or

(c)  a refusal to modify a licence or an authorisation,

and shall specify, on notice to the Commission and the appellant, the date on which the appeal shall be heard.-�,

(c)  in section 32, by substituting for subsection (1) the following subsection:

-�(1)  Without prejudice to any right under this Act to appeal to an Appeal Panel, a person shall not question in any legal proceedings-

(a)  the validity of a decision of the Commission on an application made to it for the grant of a licence or an authorisation or for the modification of a licence or an authorisation,

(b)  a modification by the Commission of a licence or an authorisation,

(c)  a decision of an Appeal Panel under section 30, or

(d)  any decision (whether described as a decision, selection or determination or otherwise) made by the Commission under the Gas (Amendment) Act 2000 , or under regulations under that Act,

otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this section referred to as -�the Order-�).-�,

and

(d)  in section 34, by substituting for paragraphs (a) and (b) of subsection (6) the following paragraphs:

-�(a)  Any dispute between the transmission system operator or the distribution system operator and any person who is, or claims to be, a person to whom the transmission system operator or the distribution system operator, as the case may be, is obliged to make an offer for connection to and use of the transmission system or distribution system, as the case may be, whether as to the terms and conditions (including proposed charges) or otherwise, shall, upon the application of such person, be determined by the Commission, and the Commission shall issue a direction regarding its determination and the transmission system operator or the distribution system operator, as the case may be, shall comply with and be bound by any such direction.

(b)   Any dispute between the transmission system operator or the distribution system operator and a person as respects the issues monitored by the Commission in accordance with section 9(1D) shall, upon the application of such person, be determined by the Commission, and the Commission shall issue a direction regarding its determination and such direction shall be binding and shall be complied with.-�.

EXPLANATORY NOTE

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

These Regulations give further legal 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/EC. The purpose of these Regulations is to provide clarity and consistency as to those decisions of the CER that may be appealed to an Appeals Panel.

¹ O.J. No. L176, 15.7.2003, p.37.