Gas Act 1976

F50[Negotiations with third country

10D

10D. (1) Without prejudice to other obligations under European Union law, existing agreements between the State and a third country on the operation of a transmission line or an upstream pipeline network may be maintained in force until the entry into force of a subsequent agreement between the European Union and the same third country or until the procedure under Article 49b of the Natural Gas Market Directive is applied by the European Commission, whichever first occurs.

(2) Where the Commission, as the relevant national regulatory authority, intends to enter into negotiations with a third country, on behalf of the State, in order to amend, extend, adapt, renew or conclude an agreement on the operation of a transmission line concerning matters falling, entirely or partly, within the scope of the Natural Gas Market Directive, it shall notify the European Commission of its intention in writing.

(3) (a) A notification under subsection (2) shall include the relevant documentation and an indication of the provisions to be addressed in the negotiations, the objectives of the negotiations and any other relevant information.

(b) A notification under subsection (2) shall be transmitted to the European Commission at least 5 months before the intended start of the negotiations.

(4) The right to enter into negotiations with a third country under subsection (2) is subject to approval by the European Commission under Article 49(b) of the Natural Gas Market Directive.

(5) Where authorised to enter into formal negotiations with a third country, the Commission shall notify the European Commission of the outcome of the negotiations and shall transmit the draft text of the negotiated agreement to the European Commission for approval.]

Annotations:

Amendments:

F50

Inserted (13.03.2020) by European Union (Internal Market in Natural Gas) Regulations 2020 (S.I. No. 83 of 2020), reg. 6.