OpenLegislation

Paragraph 4 I1

United Kingdom

(1)

Article 4 (obligation to publish inside information) is amended as follows.

(2)

In paragraph 2, omit “Agency and the relevant”.

F1(3)

For paragraph 4 substitute—

“4.

The publication of inside information, including in aggregated form, in accordance with:

(a)

guidelines and network codes adopted pursuant to Regulation (EC) No 714/2009 before 1 January 2020; or

(b)

the Electricity Regulation or the Gas Regulation, or guidelines and network codes adopted, or regulations made, pursuant to those Regulations,

constitutes simultaneous, complete and effective public disclosure.”.

(4)

In paragraph 5, for “Regulation (EC) No 714/2009 or (EC) No 715/2009” substitute “ the Electricity Regulation or the Gas Regulation ”.

(5)

In paragraph 6, for the words from “the obligations” to “those Directives and Regulations” substitute “ the EU-derived obligations of market participants ”.

(6)

After paragraph 6 insert—

“6A

In paragraph 6, “EU-derived obligations” means obligations under—

(a)

any legislation, licence condition or industry code which, immediately before F2IP completion day, implemented Directive 2009/72/EC or 2009/73/EC;

(b)

the Electricity Regulation or the Gas Regulation; F3...

(c)

any network codes or guidelines adopted, or regulations made, under the Electricity Regulation or the Gas Regulation F4; or

F5(d)

any network codes or guidelines adopted under Regulation (EC) No 714/2009 before 1 January 2020.”.

(7)

In paragraph 7—

(a)

for “their country” substitute “ the United Kingdom ”;

(b)

at the end, insert as a new subparagraph—

“For the purposes of this paragraph, Article 2 of Council Directive 2008/114/EC is to be read as if, in point (a), the references to ‘Member States’ and ‘a Member State’ were references to the United Kingdom.”.

Annotations

Textual amendments

F1

Sch. 1 para. 4(3) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 7(5)(c)(i)

F2

Words in Sch. 1 para. 4(6) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 7(5)(c)(ii)(aa)

F3

Word in Sch. 1 para. 4(6) omitted (15.9.2020) by virtue of The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 7(5)(c)(ii)(bb)

F4

Word in Sch. 1 para. 4(6) substituted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 7(5)(c)(ii)(cc)

F5

Words in Sch. 1 para. 4(6) inserted (15.9.2020) by The Electricity and Gas etc. (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1016), regs. 1(2), 7(5)(c)(ii)(dd)

Commencement

I1

Sch. 1 para. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(2)