{
  "url": "https://openlegislation.uk/eu-regulation-2016-1388/article-3",
  "json_url": "https://openlegislation.uk/eu-regulation-2016-1388/article-3.json",
  "legislation": "eur/2016/1388",
  "legislation_title": "Commission Regulation (EU) 2016/1388 of 17 August 2016 establishing a Network Code on Demand Connection (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2016-1388",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Scope of application",
  "text": "1. The connection requirements set out in this Regulation shall apply to:\n(a) new transmission-connected demand facilities;\n(b) new transmission-connected distribution facilities;\n(c) new distribution systems, including new closed distribution systems;\n(d) new demand units used by a demand facility or a closed distribution system to provide demand response services to relevant system operators and relevant TSOs.\nThe relevant system operator shall refuse to allow the connection of a new transmission-connected demand facility, a new transmission-connected distribution facility, or a new distribution system, which does not comply with the requirements set out in this Regulation and which is not covered by a derogation granted by the regulatory authority ... pursuant to Article 50. The relevant system operator shall communicate such refusal, by means of a reasoned statement in writing, to the demand facility owner, DSO, or CDSO and, unless specified otherwise by the regulatory authority, to the regulatory authority.\nBased on compliance monitoring in accordance with Title III, the relevant TSO shall refuse demand response services subject to Articles 27 to 30 from new demand units not fulfilling the requirements set out in this Regulation.\n2. This Regulation shall not apply to:\n(a) demand facilities and distribution systems connected to the transmission system and distribution systems, or to parts of the transmission system or distribution systems, of islands of within Great Britain where the systems are not operated synchronously with the synchronous area of Great Britain;\n(b) storage devices except for pump-storage power generating modules in accordance with Article 5(2).\n3. In case of demand facilities or closed distribution systems with more than one demand unit, these demand units shall together be considered as one demand unit if they cannot be operated independently from each other or can reasonably be considered in a combined manner.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in Art. 3(1) omitted (31.12.2020) by virtue of The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 2 para. 2(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Art. 3(2)(a) substituted (31.12.2020) by The Electricity and Gas (Internal Markets and Network Codes) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1006), reg. 1(2), Sch. 2 para. 2(3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2016/1388/article/3",
    "retrieved_at": "2026-11-01T14:45:37.269760+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}