Article 38A Requirements for major pipe-lines etcF1F16

A consent under

shall not be granted unless the pipe-line or facility, as the case may be, meets the published criteria and may be granted subject to such conditions as appear to F6the Authority or the Department (as the case may be) to be necessary or expedient to ensure that it does so.

Any direction under Article 36 in relation to the modification of a pipe-line shall not be granted unless the modification meets the published criteria and may be granted subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

Any direction given under F7Article 38 in relation to an increase in the capacity of a gas storage facility shall not be granted unless the facility F8as intended to be modified meets the published criteria and may be granted subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

Any direction under Article 38B in relation to an increase in the capacity of an LNG facility shall not be given unless the facility as intended to be modified meets the published criteria, and may be given subject to such conditions as appear to the Authority to be necessary or expedient to ensure that it does so.

Where the Authority refuses to grant an application for a consent under Article 35 or 37 or a direction under F10Article 36, 38 or 38B, the authority shall by notice in writing—

Where the Department refuses to grant an application for a consent under Article 37A it shall by notice in writing—

Where the Authority or the Department refuses to grant an application mentioned in paragraph (4) or (4A), the Authority or (as the case may be) the Department shall inform the European Commission by notice in writing of the reasons for the refusal.

In this Article “published criteria” means F13objective and non-discriminatory criteria determined by the Department from time to time F14... and published by it.

This Article does not apply in relation to any F15pipe-line or facility to which Article 2 of the Commission Decision applies.