Notice

Memorandum of understanding between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on cooperation for natural gas security of supply

Published 11 September 2023

The Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) (hereinafter jointly referred to as the ‘Participants’ and in the singular as ‘a Participant’),

Wishing to deepen the relationship between Ireland and the United Kingdom with regard to cooperation on natural gas security of supply,

Considering:

• The role of gas interconnectors and the importance of the efficient operation of the existing infrastructure in supporting overall energy system security,

• The commitment of both Participants to cooperation in the event of a disruption of natural gas supply, including supporting implementation of a joint protocol for load shedding with equitable reduction of supplies,

• The benefits of a coordinated approach to energy security, in particular, having a procedure in place in the event of a disruption in natural gas supply,

• The willingness of both Participants to amend the existing gas intergovernmental agreements (Agreement between the Government of Ireland and the Government of the United Kingdom relating to the Transmission of Natural Gas by Pipeline between Ireland and the United Kingdom 1993 and Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland relating to the Transmission of Natural Gas by a Second Pipeline between Ireland and the United Kingdom of Great Britain and Northern Ireland and through a connection to the Isle of Man 2004, hereafter referred to as the ‘1993 and 2004 Agreements’) to ensure that they remain up to date and appropriate to the wider legal framework, including having regard to the United Kingdom’s withdrawal from the European Union, and Ireland’s membership of the European Union.

• That Participants as Parties to the global framework for combatting climate change, that is the United Nations Framework Convention on Climate Change and the Paris Agreement, share a common goal of pursuing efforts to limit global temperature increase to 1.5°C.

Recognising:

The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part signed on 30 December 2020 at Brussels and London,

This Memorandum of Understanding (MoU) will not affect any of the laws, legal obligations or duties, domestic or otherwise, applicable to Ireland, or to the United Kingdom, or any of their respective international obligations.

In the spirit of strengthening and enhancing mutually beneficial cooperation in order to support the efficient and effective use of the natural gas interconnector infrastructure,

The Participants have reached the following understandings:

Paragraph 1: Purpose

The purpose of this MoU is to arrange closer cooperation between the Department of the Environment, Climate and Communications in Ireland, the Department for Energy Security and Net Zero in the UK and the Department for the Economy in Northern Ireland on natural gas security of supply, particularly in the event of a disruption to natural gas supply in view of the pipelines between the jurisdictions, by

1. Jointly deciding a procedure for cooperation between the Participants on natural gas security of supply and facilitating, where appropriate, amendment of the existing 1993 and 2004 Agreements.

2. Basing this on mutual, fair and reciprocal benefits, where relevant, whilst respecting the applicable legislation, rules and national policies of each Participant, including obligations on Ireland as a member of the European Union.

Paragraph 2: Areas of cooperation

For achieving the aims of this MoU, the Participants, in particular, will:

1. Cooperate regarding natural gas security of supply between the United Kingdom and Ireland with a particular focus on promoting engagement and communication in the event of a disruption to natural gas supplies.

2. Consider how best to facilitate the amendment of the 1993 and 2004 Agreements between Ireland and the United Kingdom.

3. Exchange information and encourage collaboration on mutually beneficial issues related to security of natural gas supplies.

4. Determine measures for further improvement of energy cooperation and other aims as the Participants may jointly decide.

Paragraph 3: Forms of cooperation

Cooperation may include, but is not limited to:

1. Arranging a mechanism for regular dialogue and exchange of information on mutually beneficial issues related to natural gas security of supply.

2. Sharing experiences and best practice and where relevant, by mutual approval, hold consultations.

3. Arranging the relevant contact points in each Department and exchanging contact details for use in the event of a disruption to natural gas supply, including ensuring such contact points remain up to date.

4. Facilitating dialogue on the amendment of the 1993 and 2004 Agreements and exchanging information to facilitate further discussion on amending the 1993 and 2004 Agreements.

5. Supporting closer cooperation between system operators and industry bodies, including through the provision of technical information regarding system operation and network development related to the efficient use of natural gas resources in the event of a natural gas supply disruption while having regard to system specificities.

6. Facilitating dialogue through the organisation of workshops and other meetings on approved topics, including natural gas security of supply.

7. Other forms of cooperation as may be determined jointly by the Participants.

Paragraph 4: Cooperation in the event of a disruption to natural gas supply

1. There will be continued Government support for the UK/Ireland Natural Gas Security of Supply Forum to provide and update emergency plans in preparation for a potential supply disruption event.

2. In the event of a disruption to natural gas supply, the relevant person in the Department for Energy Security and Net Zero, or the relevant person in the Department of the Environment, Climate and Communications and the Department for the Economy, will contact their counterpart to notify them of the natural gas supply disruption.

3. Participants will establish the nature and potential likely duration of the natural gas supply disruption.

4. Participants will support the ongoing interactions between UK and Irish natural gas network operators, and the continued implementation of the Joint Protocol for Load Shedding at the Moffat Interconnection Point in Network Gas Supply Emergencies as agreed between National Gas Transmission and Gas Networks Ireland (UK) in April 2011, to be described in the National Gas Transmission document T/PM/E/1 as updated from time to time, or any update to replacement of that Joint Protocol, in particular the principle of natural gas supplies to Ireland and Northern Ireland being reduced equitably along with the 4 Distribution Network companies in Great Britain.

5. Participants will cooperate closely and arrange regular meetings as required for briefings on the progress of the response to the natural gas supply disruption.

6. Participants will develop and implement an approved plan for notifying relevant officials in their respective Departments about the natural gas supply disruption and support dissemination of coherent messaging about the situation to the public in both jurisdictions.

Paragraph 5: General provisions

1. This MoU constitutes an expression of the Participants’ good faith to engage in the cooperation described herein. The Participants acknowledge that this MoU is not an international agreement, does not create any legally binding obligations and is without prejudice to the primacy of the Participants’ respective national legislation and international commitments, including for Ireland, its European Union membership obligations.

2. Any doubt as to the interpretation or application of this MoU will not be referred to any national or international tribunal or third party for settlement. The Participants intend to amicably resolve any question concerning the interpretation or application of this MoU through mutual consultation.

3. The Participants intend to keep the functioning of this MoU under review. This MoU may be amended by mutual written consent of the Participants at any time. The amendments will come into effect upon signature by both Participants.

4. This MoU will come into effect on signature and will continue to have effect until participation is discontinued by either Participant or by mutual written consent on a date determined by the Participants. If a Participant discontinues participation, it should aim to give twelve (12) months’ written notice to the other.

Signed in London on 11 September on 2 original copies, both in the English language:

For the Government of the United Kingdom of Great Britain and Northern Ireland
Claire Coutinho MP
Secretary of State for the Department for Energy Security and Net Zero

For the Government of Ireland
Eamon Ryan TD
Minister for the Department of the Environment, Climate and Communications