The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020

Interpretation

5.  In regulation 3—

(a) in the definition of “allowance”, omit—

(i) in paragraph (a), “in this regulation”,

(ii) paragraph (b) and the “but” which precedes it;

(b) for the definition of “authority” substitute—

““authority” means DAERA;”;

(c) after the definition of “current operator” insert—

““DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;”;

(d) in the definition of “fee”, omit paragraphs (a) and (b);

(e) in the definition of “permit” omit “and paragraph 7(12) of Schedule 6”;

(f) after the definition of “the Registries Regulation 2013”(1) insert—

““the Registries Regulation 2019” means Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry, as amended from time to time(2);”;

(g) in the definition of “registry account” omit “or an aircraft operator holding account”;

(h) in the definition of “regulated activity” omit “(other than an aviation activity)”;

(i) for the definition of “regulator”, substitute—

““regulator” means the chief inspector;”;

(j) in the definition of “reportable emissions” omit paragraph (b) and the “or” which precedes it;

(k) omit the following definitions—

(i) aviation activity,

(ii) aviation allowance,

(iii) aviation emissions,

(iv) aviation emissions plan,

(v) banned non-UK operator,

(vi) commercial air transport operator,

(vii) exempt non-commercial air transport operator,

(viii) the Free Allocation Decision,

(ix) the Free Allocation Regulation(3),

(x) non-commercial air transport operator,

(xi) the NRBW,

(xii) the NRBW Order,

(xiii) offshore installation,

(xiv) offshore petroleum installation,

(xv) the Offshore Regulations(4),

(xvi) offshore storage or unloading installation,

(xvii) SEPA,

(xviii) sub-installation,

(xix) UK administered operator,

(xx) UK aircraft operator;

(l) for paragraphs (3) and (4) substitute—

“(3) For the purposes of these Regulations, an installation has ceased operation if—

(a) a regulated activity is no longer being carried out at the installation; and

(b) it is technically impossible to resume operation.”.

(1)

The definition of the 2013 Regulation was inserted by regulation 5(1)(a) of S.I. 2013/3135.

(2)

OJ L 177, 2.7.2019, p. 3-62.

(3)

The definition of Free Allocation Regulation was inserted by regulation 3(2)(g) of S.I. 2019/1440.

(4)

The definition of the Offshore Regulations was substituted by regulation 2(f) of S.I. 2014/3125.