The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16). They amend the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 (S.I. 2003/2562) and the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 470) (together, the “GOO Regulations”) to address failures of the GOO Regulations to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (c) of the European Union (Withdrawal) Act 2018) arising from the United Kingdom’s withdrawal from the European Union.

The GOO Regulations provide for the Gas and Electricity Markets Authority (in Great Britain) and the Northern Ireland Authority for Utility Regulation (in Northern Ireland) to issue “guarantees of origin” (“GOOs”) in respect of electricity generated from renewable energy sources. The GOO Regulations require a “competent authority” (as defined in regulation 2(1)) to recognise GOOs issued in EU member States in accordance with Directive 2009/28/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of the use of energy from renewable sources unless the authority that issued the GOO requests the competent authority to refuse recognition or the competent authority is satisfied that there is good reason to doubt the accuracy, reliability or veracity of the GOO.

The main changes made to the GOO Regulations (apart from changes made to reflect the fact that the United Kingdom will not be a member State of the EU) are as follows—

• the European Commission can no longer require competent authorities to recognise GOOs issued in EU member States;

• competent authorities are no longer required to notify the Commission if they refuse to recognise GOOs issued in EU member States.

An explanatory memorandum is available with these Regulations on www.legislation.gov.uk.

An impact assessment has not been produced for these Regulations as no significant impact on business or the public or voluntary sectors is foreseen.