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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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InterpretationU.K.

This section has no associated Explanatory Memorandum

3.—(1) In these Regulations—

“the 2005 Regulations” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 M1;

“the 2010 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 M2;

[F1“the 2018 surrender deadline” means, subject to paragraphs (1A) to (1C), 10.59 pm on 29th March 2019;]

“allocation”, in relation to an allowance, means allocation free of charge in accordance with Chapter [F22 or 3] of the Directive [F3(and, except in regulation 87A(3), “allocated” has the corresponding meaning)];

[F4“allocation period” means—

(a)

the period which begins with 1st January 2021 and ends with 31st December 2025 (“the first allocation period”);

(b)

the period which begins with 1st January 2026 and ends with 31st December 2030 (“the second allocation period”);]

“allowance”—

(a)

F5... has the meaning given in Article 3(a) of the Directive, F6...

(b)

F6...

“annual reportable emissions” means the reportable emissions arising in any scheme year;

[F7“Article 27 installation” means an installation of the kind described in regulation 15(A1);]

[F7“Article 27a installation” means an installation of the kind described in regulation 15A(1);]

[F7“Article 27 installation emissions permit” means a permit which—

(a)

is granted following an application under regulation 10(2); or

(b)

results from a variation made under regulation 88 or paragraph 2 of Schedule 5;]

[F8“authority” means DAERA;]

F9...

F10...

F11...

F12...

F13...

“bioliquids” has the meaning given in Article 2(h) of the Renewable Energy Directive;

“cease operation”, in relation to an installation, has the meaning given in paragraph (3);

[F14“change of status notice” means a notice under—

(a)

paragraph 8(1) or 8(4) of Schedule 5 that an installation will cease to be treated as an Article 27 installation;

(b)

paragraph 5(1) of Schedule 5A, that an installation will cease to be treated as an Article 27a installation;]

“chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;

F15...

“current operator” has the meaning given by regulation 12(1);

[F16“DAERA” means the Department of Agriculture, Environment and Rural Affairs in Northern Ireland;]

“the Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC M3, as amended from time to time and as adapted by Annex 20 to the EEA agreement M4;

“duly made”, in relation to an application, means made in accordance with the requirements of these Regulations;

“emissions” has the meaning given in Article 3(b) of the Directive;

[F17“emissions target”, in relation to a scheme year, means an amount of reportable emissions specified in an Article 27 installation emissions permit as the target for that excluded installation in that year;]

[F18“entry year” means the scheme year following the scheme year in which the operator of an excluded installation is given a change of status notice;]

[F19“excluded installation” means—

(a)

an Article 27 installation; or

(b)

an Article 27a installation;]

F20...

F21...

“fee”, in relation to any matter, means the fee or charge prescribed in respect of that matter by a scheme, or regulations, made under—

(a)

F22...

(b)

F22...

(c)

regulation 4 of the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 M5; or

(d)

Article 127 of the Planning (Northern Ireland) Order 1991 M6;

F23...

F24...

“greenhouse gas emissions permit” means a permit granted following an application under—

(a)

regulation 10(1); or

(b)

regulation 8 of the 2005 Regulations;

“installation” has the meaning given in Article 3(e) of the Directive (and references to an “installation” include a reference to a part of an installation);

“KP registry administrator” has the meaning given by regulation 81(1);

“monitoring and reporting conditions” has the meaning given by paragraph 3(8) of Schedule 5;

“monitoring and reporting requirements” has the meaning given by paragraph 2(3) of Schedule 4;

“the Monitoring and Reporting Regulation” means Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council M7, as amended from time to time;

[F25“the Monitoring and Reporting Regulation 2018” means Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, as amended from time to time;]

“new operator” has the meaning given by regulation 12(1);

F26...

[F27“Northern Ireland Regulations” means the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;]

“notice of surrender” has the meaning given in regulation 13(7);

F28...

F29...

F30...

F31...

F32...

F33...

“operator”, in relation to an installation, has the meaning given in paragraph (2) (and “operate” has the corresponding meaning);

“partial transfer” has the meaning given by regulation 12(2);

“permit” (except in paragraph 1(2)(b) of Schedule 4 F34...) means—

(a)

a greenhouse gas emissions permit; or

(b)

an [F35Article 27] installation emissions permit;

“the Planning Appeals Commission” means the Planning Appeals Commission established under article 110 of the Planning (Northern Ireland) Order 1991 M8;

“prescribed” (in relation to a fee) means specified in, or determined under, the scheme or regulations in question;

“the Registries Regulation 2010” 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 M9;

F36...

[F37“the Registries Regulation 2013” means Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time;]

[F38“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;]

“registry administrator” has the meaning given by regulation 8(1);

“registry account” means an operator holding account F39... in the Union Registry (and “open”, “blocked” [F40, “excluded” or “closed”] status, in relation to such an account, have the meanings given by [F41Article 10 of the Registries Regulation 2013]);

“regulated activity” means an activity F42... that—

(a)

is listed in Annex 1 to the Directive, and

(b)

results in specified emissions;

[F43“regulator” means the chief inspector;]

“the Renewable Energy Directive” means Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC M10, as amended from time to time;

“reportable emissions” means—

(a)

in relation to an installation, the total specified emissions (expressed in tonnes of carbon dioxide equivalent) which arise from the regulated activities carried out at that installation; F44...

(b)

F44...

“revocation notice” has the meaning given by regulation 14(1);

“scheme year” means the year beginning with 1st January 2013 or any subsequent calendar year;

F45...

“specified emissions”, in relation to an activity listed in Annex 1 to the Directive, means emissions of gases specified in Annex 1 in respect of that activity;

F46...

“surrender requirements” has the meaning given by paragraph 2(4) of Schedule 4;

“tonne of carbon dioxide equivalent” has the meaning given in Article 3(j) of the Directive;

“trading period” means one of the following F47... periods—

(a)

2013 to 2020; and

(b)

subsequent consecutive periods of [F48ten] calendar years;

F49...

F50...

“the Union Registry” means the registry established by Article 4 of the Registries Regulation [F512013];

“the UK Registry” means the registry operated by the Environment Agency for the purposes specified in Article 3(1) of the Registries Regulation 2010 immediately before the coming into force of these Regulations;

“variation”, in relation to a permit or a plan, means the amendment of its provisions (and “vary” has the corresponding meaning);

[F52“the Verification Regulation F53... ” means Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council, as amended from time to time;]

“working day” means any day other than—

(a)

a Saturday, Sunday, Good Friday, or Christmas Day; or

(b)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M11;

“written procedures” means the written procedures required by Article 11(1) of the Monitoring and Reporting Regulation [F542018].

[F55(1A) This paragraph applies if at any time before 10.59 pm on 29th March 2019 an enactment (“enactment 1”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”), is to be a date after 29th March 2019.

(1B) This paragraph applies where—

(a)paragraph (1A) applies; and

(b)at any time on or after 10.59 pm on 29th March 2019 but before the 2018 surrender deadline which applies in relation to enactment 1, a subsequent enactment (“enactment 2”) has made provision, in any form, which has the effect that exit day, within the meaning of section 20(1) of the 2018 Act, is to be a date after the date provided for in enactment 1,

and in the event of an enactment subsequent to enactment 2, the references in sub-paragraph (b) to enactment 1 are to be read as references to enactment 2 and so on.

(1C) Where paragraph (1A) or paragraph (1B) applies—

(a)if exit day is a day falling before 1st May 2019, the 2018 surrender deadline is immediately before the UK’s exit from the European Union; and

(b)if exit day is a day falling on or after 1st May 2019, the 2018 surrender deadline is 30th April 2019.]

(2) The “operator” of an installation is the person who has control over its operation; but where—

(a)an installation has not been put into operation, the operator is the person who will have control over the operation of the installation when it is put into operation;

(b)an installation [F56that is not an Article 27a installation] has ceased operation, the operator is the person who holds the permit relating to the installation; F57...

[F58(ba)an Article 27a installation has ceased operation, the operator is the person who had control over its operation immediately before the installation ceased operation; and]

(c)the holder of a permit has ceased to have control of the installation to which it relates, the operator is that permit holder.

[F59(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.]

(5) References in these Regulations to anything taking effect (or ceasing to have effect) on a particular date are to be read as references to it taking effect (or ceasing to have effect) as from the beginning of that date.

Textual Amendments

F4Words in reg. 3(1) 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), 3(2)(a) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F17Words in reg. 3(1) 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), 3(2)(d) (as amended by S.I. 2020/18, regs. 1, 11(2)(4) and S.I. 2020/1369, regs. 1(2), 44(a))

F59Reg. 3(3) substituted for reg. 3(3)(4) (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 5(l) (with reg. 46)

Marginal Citations

M1S.I. 2005/925; amended by S.I. 2005/2903, 2006/737, 2007/465, 2007/1096, 2007/3433, 2010/1513, 2011/1506, 2011/2911 and S.R. (N.I.) 2010/92.

M2S.I. 2010/1996, amended by S.I. 2011/76 and 2011/2911.

M3OJ No L 275, 25.10.2003, p 32. The Directive was amended by European Parliament and Council Directives 2004/101/EC (OJ No L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

M4See Point 21al of that Annex, amended by Decision of the EEA Joint Committee No 6/2011 (OJ No L 93, 7.4.2011, p 35); and see the Introduction and Sectoral Adaptation included at the beginning of the Annex.

M5S.R. (N.I.) 2010 No. 151; amended by S.I. 2011/2911 and 2012/2788.

M6Article 127 was substituted by S.I. 2006/1252 (N.I. 7).

M7OJ No L 181, 12.7.2012, p 30.

M8S.I. 1991/1220 (N.I. 11); relevant amending instruments are S.I. 1999/660 (N.I. 4) and 2003/430 (N.I. 8).

M9OJ No L 270, 14.10.2010, p 1; amended by the Registries Regulation 2011.

M10OJ No L 140, 5.6.2009, p 16.

M111971 c. 80; see section 1 and Schedule 1 (which was amended by section 1 of the St Andrew's Day Bank Holiday (Scotland) Act 2007 (2007 asp 2)).

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