The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 and come into force on 1st January 2012.

(2) These Regulations extend to England, Wales, Scotland and Northern Ireland.

Interpretation U.K.

2.  In these Regulations—

“the ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time M1 ;

“the 2005 Regulations” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 M2 ;

“the Registries Regulation” means Commission Regulation (EU) No 920/2010 of 7 October 2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council, as amended from time to time M3 .

Marginal Citations

M1 O.J. No. L275, 25.10.03, p.32.The Directive is amended by European Parliament and Council Directives 2004/101/EC (O.J. No. L338, 13.11.2004, p.18), 2008/101/EC ((O.J. No. L8, 13.1.2009, p.3) and 2009/29/EC (O.J. No. L140, 5.6.2009, p.63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (O.J. No. L87, 31.3.2009, p.109).

M2 S.I. 2005/925; amended by S.I. 2005/2903, 2006/737, 2007/465, 2007/3433, 2010/1513 and 2011/1506.

M3 O.J. No. L270, 14.10.2010, p.1. The Regulation has been amended by Regulation [Insert Reference to the EU Registries Regulation 2011 Once it has been Published in the OJEU].

Review U.K.

3.—(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Registries Regulation (which is implemented by means of paragraph 14 in the Schedule to these Regulations) and the ETS Directive (which is implemented in part by paragraph 4 of the Schedule to these Regulations) is implemented in other member States.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Amendments in relation to permits, trading scheme registries and charging schemes U.K.

4.  The Schedule to these Regulations has effect.

Greg Barker

Minister of State

Department of Energy and Climate Change