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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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The Greenhouse Gas Emissions Trading Scheme Regulations 2012, SCHEDULE 5 is up to date with all changes known to be in force on or before 07 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 5:

Regulations 10(7) and 15

[F1SCHEDULE 5U.K.Excluded installations [F2: Article 27 installations]

This Atodlen has no associated Memorandwm Esboniadol

Textual Amendments

F1Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12

InterpretationU.K.

1.—F3(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this Schedule—

“emissions report” has the meaning given by paragraph 3(8)(b)(i);

F4...

“maximum amount” means annual reportable emissions of 24,999 tonnes of carbon dioxide equivalent in any scheme year.

Textual Amendments

Conversion of a greenhouse gas emissions permitU.K.

2.—(1) Where a greenhouse gas emissions permit has been granted in respect of an installation that is an [F5Article 27] installation, the regulator must vary the greenhouse gas emissions permit (with effect from a date to be included in the permit) so that the provisions of the permit are replaced by provisions that satisfy the requirements of paragraph 3.

(2) When a permit is varied under sub-paragraph (1)—

(a)the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation being an [F6Article 27] installation; but

(b)that is without prejudice to the duty to vary the permit in accordance with regulation [F788(2) or (4)].

(3) A variation of a permit under this paragraph does not affect any obligations of the operator under the permit in respect of emissions arising prior to 1st January [F82021].

Textual Amendments

Content of an [F9Article 27] installation emissions permitU.K.

3.—(1) An [F10Article 27] installation emissions permit must contain—

(a)the name and postal address in the United Kingdom (including postcode) of the operator and any other address for correspondence specified by the operator;

(b)the postal address and national grid reference of the installation (or for offshore installations equivalent information identifying the installation and its location);

(c)a description of the installation, including—

(i)the regulated activities to be carried out at the installation and the specified emissions from those activities; and

(ii)the directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;

(d)a description of the site and the location of the installation on that site;

(e)an emissions target for each scheme year [F11over the first or second allocation period, as the case may be];

(f)a monitoring plan (as defined in sub-paragraph (7));

(g)the monitoring and reporting conditions (as defined in sub-paragraph (8));

(h)the record keeping requirements (as defined in sub-paragraph (9)); and

(i)any other conditions that the regulator considers appropriate to include in the permit.

(2) The authority must exercise powers under F12... regulation [F1340] of the Northern Ireland Regulations M1, to give the regulator directions as to the calculation of the emissions targets included under sub-paragraph (1)(e).

(3) If the regulator has been directed to do so under an enactment [F14mentioned] in sub-paragraph (2) before 30th September in any scheme year, the regulator must vary the permit by substituting new emissions targets for the existing targets for each subsequent scheme year [F15over the allocation period to which the direction relates] in order to take into account (to the extent and in the manner specified in the direction)—

(a)any amendments to the Directive;

[F16(b)any relevant changes to the determinations in respect of the sectors and subsectors made by the European Commission pursuant to Article 10b(5) of the Directive;]

F17(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any measures relating to carbon budgets under the Climate Change Act 2008 M2; or

(e)any other matters mentioned in the direction.

(4) An [F10Article 27] installation emissions permit F18... must contain a condition requiring the operator to give notice to the regulator by the relevant date if the annual reportable emissions from the installation in any scheme year exceed the maximum amount.

F19(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of [F20sub-paragraph (4)], the relevant date is 31st March in the year following the scheme year in question.

(7) The monitoring plan is the plan approved in accordance with Articles 11 to 13 of the Monitoring and Reporting Regulation [F212018].

(8) The monitoring and reporting conditions are—

(a)a requirement to monitor the annual reportable emissions of the installation in accordance with—

(i)the relevant provisions of the Monitoring and Reporting Regulation [F222018]; and

(ii)the monitoring plan (including the written procedures supplementing that plan);

(b)a requirement to submit to the regulator, for each scheme year, by 31st March in the following year a report of the annual reportable emissions from the installation in accordance with the relevant provisions of the Monitoring and Reporting Regulation [F222018] (“the emissions report”) that is either—

(i)verified in accordance with the Verification Regulation, or

(ii)accompanied by a notice declaring that—

(aa)in preparing the emissions report the operator has complied with the relevant provisions of the Monitoring and Reporting Regulation [F222018];

(bb)the operator has complied with the monitoring plan for the installation; and

(cc)the report is free from material misstatements;

(c)a requirement to satisfy the regulator, if an emission factor of zero has been reported in respect of the use of bioliquids, that the sustainability criteria set out in Article 17(2) to (5) of the Renewable Energy Directive have been fulfilled in accordance with Article 18(1) of that Directive; and

(d)any further conditions that the regulator considers necessary to ensure that the operator complies with the relevant provisions of the Monitoring and Reporting Regulation [F222018].

F23(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this paragraph, “relevant provisions” means the provisions specified in the permit as relevant for the purposes of monitoring and reporting emissions from [F10Article 27] installations.

(11) The authority must exercise powers under F24... regulation [F2540] of the Northern Ireland Regulations, to give the regulator directions as to the provisions that are to be specified in accordance with sub-paragraph (10).

Textual Amendments

F9Words in Sch. 5 para. 3 heading substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(5)(a) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F10Words in Sch. 5 para. 3 substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(5)(a) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F11Words in Sch. 5 para. 3(1)(e) substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(5)(b) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

Marginal Citations

M1Regulation 37 is modified by regulation 7(2) of these Regulations.

Activities during 2012: duty to notify regulatorU.K.

F264.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Emissions target: duty not to exceedU.K.

5.  An operator must ensure that annual reportable emissions from an [F27Article 27] installation in a scheme year do not exceed the emissions target for that year.

Textual Amendments

Emissions target: increase in the capacity of an [F28Article 27] installationU.K.

6.—[F29(1) Where a capacity increase has occurred at an Article 27 installation after 30th June 2019, the operator may apply to the regulator for an increase in the emissions targets for the installation for the subsequent scheme years within the first allocation period.]

(2) An application under sub-paragraph (1) must be made—

(a)by 31st December in the year during which the capacity increase occurred or within 3 months of the date of the capacity increase, whichever is later; or

(b)where the capacity increase occurred before 1st January [F302021], by 30th June [F302021].

[F31(2A) Where a capacity increase occurs at an Article 27 installation after 30th June 2024, the operator may apply to the regulator for an increase in the emissions targets for the installation for the subsequent scheme years within the second allocation period.

(2B) An application under sub-paragraph (2A) must be made—

(a)by 31st December in the year during which the capacity increase occurred or within 3 months of the date of the capacity increase, whichever is later; or

(b)where the capacity increase occurred before 1st January 2026, by 30th June 2026.]

(3) [F32An application under sub-paragraph (1) or (2A)] must contain evidence demonstrating the following—

(a)the date on which the capacity increase was put into operation;

(b)that the increase is not temporary;

(c)that the increase is in operation and is required for the purpose of carrying out the operator's primary business activities;

F33(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)any further matters that the regulator is required to take into account by a direction referred to in sub-paragraph (8).

(4) Where the regulator receives an application under sub-paragraph (1) [F34or (2A)], and is satisfied with information provided by the operator under sub-paragraph (3), the regulator may calculate new emissions targets for that and subsequent scheme years [F35within the allocation period to which the application relates].

(5) Where the regulator calculates new emissions targets pursuant to sub-paragraph (4), the regulator must vary the permit by substituting the new emissions targets for the existing targets.

(6) Where after having varied the permit under sub-paragraph (5) the regulator is subsequently satisfied that the evidence provided by the operator under sub-paragraph (3) is incorrect or incomplete, the regulator may recalculate those new emissions targets and vary the permit accordingly by making a new substitution of emissions targets.

[F36(7) However, the increase in an emissions target under sub-paragraph (4) or (6) may not result in an emissions target which exceeds the maximum amount.]

(8) The authority must exercise powers under F37... regulation [F3840] of the Northern Ireland Regulations, to give the regulator directions as to—

(a)the further matters required to be taken into account when considering an application under sub-paragraph (1) [F39or (2A)]; and

(b)the calculation or recalculation of emissions targets under sub-paragraphs (4) or (6).

(9) In this paragraph—

(a)“capacity increase” means an increase in [F40an installation’s] installed capacity whereby one or more identifiable physical changes relating to its technical configuration and functioning other than a replacement of an existing production line takes place;

[F41(b)“installed capacity” means—

(i)for the purpose of calculating new emission targets for the first allocation period, the installation’s installed capacity on 30th June 2019;

(ii)for the purpose of calculating new emission targets for the second allocation period, the installation’s installed capacity on 30th June 2024;

(iii)in the case of an installation which has had a capacity increase either since 30th June 2019, or since 30th June 2024, as the case may be, the installed capacity of the installation following the last capacity increase;]

F42(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28Words in Sch. 5 para. 6 heading substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(a) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F29Sch. 5 para. 6(1) substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(b) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F30Word in Sch. 5 para. 6(2)(b) substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(c) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F31Sch. 5 para. 6(2A)(2B) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(d) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F32Words in Sch. 5 para. 6(3) substituted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(e) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F34Words in Sch. 5 para. 6(4) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(f)(i) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F35Words in Sch. 5 para. 6(4) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(f)(ii) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F39Words in Sch. 5 para. 6(8)(a) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 29(8)(h) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

Banking an overachieved emissions targetU.K.

7.—(1) F43... In this paragraph “bankable amount” in relation to a scheme year means the difference between—

(a)the emissions target for that year; and

(b)the amount of reportable emissions stated in the emissions report for that year.

F44(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to [F45sub-paragraphs (5) and (8)], where for any scheme year (“S”) the bankable amount is greater than zero the regulator—

(a)may increase the emissions target for the installation for the following scheme year by the bankable amount; and

(b)must in that case vary the permit by substituting that increased emissions target for the existing target.

(5) F46... If increasing the emissions target under sub-paragraph (4) would result in an emissions target which exceeds the maximum amount, the increased emissions target must instead be equal to the maximum amount.

(6) Where the amount of reportable emissions stated in the emissions report for S is amended following a determination of emissions under regulation 44(3), the regulator must—

(a)calculate the bankable amount using the data as so determined; and

(b)where an increased emissions target has been substituted under sub-paragraph (4)(b), make a further variation of the permit to substitute a revised emissions target.

(7) [F47Subject to paragraph (8), where] an increased emissions target for a scheme year has been substituted following an application under paragraph 6(1), but the application was determined in the following year, the regulator must—

(a)calculate any bankable amount for the scheme year using that increased target; and

(b)vary the permit to substitute a revised emissions target for the following year, based on the amount so calculated.

[F48(8) The regulator may not vary an emissions target under sub-paragraph (4)(a) or (7)(a) for a scheme year which begins after the end of the allocation period during which any increase has occurred.]

Textual Amendments

Termination of an [F49Article 27] installation emissions permitU.K.

8.—[F50(1) Where the regulator is satisfied that the annual reportable emissions from an Article 27 installation have exceeded the maximum amount, the regulator must, as soon as is reasonably practicable, give a notice to the operator.]

(2) A notice under sub-paragraph (1) must state that, from the beginning of the scheme year following the year in which the notice is given—

(a)the installation will not be treated as an [F49Article 27] installation; and

(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation [F51for the remainder of the allocation period during which the notice is given].

(3) This sub-paragraph applies where the regulator is satisfied that the operator of an [F49Article 27] installation has—

(a)committed a sufficiently serious breach of the conditions of the [F49Article 27] installation emissions permit, or

(b)failed to pay to the regulator the penalty imposed under regulation 56 within one month after the date specified in the penalty notice.

(4) Where sub-paragraph (3) applies the regulator may revoke the permit under regulation 14 or give a notice to the operator in accordance with sub-paragraph (5).

(5) The notice must state that, from the beginning of the scheme year following the year in which notice is given—

(a)the installation will not be treated as an [F49Article 27] installation; and

(b)the operator will be required to comply with the conditions of a greenhouse gas emissions permit in respect of the installation [F52for the remainder of the allocation period during which the notice is given].

(6) Where notice is given under sub-paragraph (1) or (4), the regulator must vary the [F49Article 27] installation emissions permit, with effect from the 1st January in the scheme year following the year in which the notice was given (“the date of conversion”), so that the provisions of the permit that satisfy the requirements of paragraph 3 are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.

[F53(6A) Where regulation 15(C1) applies, the regulator must vary the excluded installation emissions permit, with effect from 1st January 2026, so that the provisions of the permit that satisfy the requirements of paragraph 3 of this Schedule are replaced by provisions satisfying the requirements of paragraph 2 of Schedule 4.]

(7) In varying a permit under sub-paragraph (6), the regulator may make only such variations as appear to the regulator to be necessary in consequence of the installation ceasing to be treated as an [F49Article 27] installation.

(8) A variation of a permit under sub-paragraph (6) does not affect any obligations of the operator under the permit in respect of emissions arising from activities prior to the date of conversion.

(9) Where—

(a)notice is given under sub-paragraph (1) or (4), and

(b)the operator holds a registry account with [F49Article 27] status in respect of the installation,

the regulator must give notice to the registry administrator, in accordance with the Registries Regulation [F542019], to change the status of the account to open from the year beginning with the date of conversion.

(10) Where sub-paragraph (3) applies and the permit is revoked, the regulator must give notice to the registry administrator in accordance with the Registries Regulation [F552019] to close the account.

Textual Amendments

End of excluded installation statusU.K.

F569.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

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