Statutory Instruments

S.I. No. 287 of 2005

European Communities (Cross-border Electricity Network Access) Regulations 2005

S.I. No. 287 of 2005

European Communities (Cross-border Electricity Network Access) Regulations 2005

I, Noel Dempsey, 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 full effect to Regulation (EC) No. 1228/2003 of the European Parliament and of the Council of 26 June 2003¹ , hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Cross-border Electricity Network Access) Regulations 2005.

2.         A person shall not contravene Regulation (EC) No. 1228/2003 of the European Parliament and of the Council of 26 June 2003¹ .

3.         A person who contravenes Regulation 2 of these Regulations is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months, or both.

4.         Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of, or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person, as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.

5.        An offence under these Regulations may be prosecuted by the Commission for Energy Regulation.

EXPLANATORY NOTE

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

These Regulations give legal effect to Article 12 of Regulation (EC) No. 1228/2003 of the European Parliament and of the Council of 26 June 2003 on conditions for access to the network for cross-border exchanges in electricity by providing for penalties applicable to infringements of the provisions of the afore-mentioned EC Regulation.

¹ OJ No. L176, 15.7.2003, p.1.

¹ OJ No. L176, 15.7.2003, p.1.