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In the Republic of Ireland, electricity is governed by network, regulatory, policy and retail frameworks that differ from those in Northern Ireland. Although the two jurisdictions share a wholesale platform—the Single Electricity Market (SEM)—all other market arrangements remain separate. For further detail on the SEM, see Practice Note: Island of Ireland Single Electricity Market (SEM)—an introduction. Key entities within the RoI electricity market The RoI electricity sector can be described as consisting of: participants active in the all-island SEM with operations based in Ireland renewable and thermal generators, and suppliers within Ireland, specifically licensed by the Commission for Regulation of Utilities (CRU) under section 14 of the Electricity Regulation Act 1999 the distribution network and related metering equipment, owned and run by ESB Networks the transmission system, owned by ESB Networks and operated by EirGrid interconnectors linked to RoI networks, including the Louth–Tandragee North–South Interconnector (NS Interconnector) and the East–West Interconnector (EWIC) end users connected to these networks, supplied by...
Brexit impact At 11 pm (GMT) on 31 December 2020, the transition/implementation period that followed the UK’s exit from the EU drew to a close. This moment—known in UK law as ‘IP completion day’—brought key transitional measures to an end and triggered major shifts across the UK’s legal framework. Any alterations pertinent to this content will be detailed below. From IP completion day, the European Union (Withdrawal) Act 2018 (EU(W)A 2018) established a fresh class of domestic UK law—retained EU Law (REUL)—comprising EU-derived rights and instruments that were kept in force in the UK after Brexit. On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (REUL(RR)A 2023) received Royal Assent. REUL(RR)A 2023 reshapes how REUL is handled by: revoking large tranches of REUL from 31 December 2023 re-labelling REUL as ‘assimilated law’ from 1 January 2024 creating new powers concerning assimilated law This reclassification of REUL (and related expressions) as assimilated law signifies a shift...
Brexit and the Single Electricity Market The withdrawal agreement between the UK and the EU, in force from 1 February 2020, expressly makes provision for the island of Ireland’s Single Electricity Market (SEM) within the NI Protocol (the Protocol), ensuring NI remains subject to defined EU rules so the SEM can keep operating. Accordingly, there have been no major alterations to the SEM since IP completion day, for the time being. That position could, however, potentially shift if the two legal regimes begin to diverge over time in the two jurisdictions. Under the Protocol, specific EU measures concerning electricity generation, distribution, transmission, supply and trading continue to apply in NI for a minimum of four years after the end of the transition period. After this first four‑year term (ending in December 2024), and after each following four‑year term, NI may choose to leave the Protocol on the basis of ‘democratic consent’, most likely through an NI referendum. The Protocol would then stop applying after a further two‑year interval while...