The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Changes over time for: Paragraph 3

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The Greenhouse Gas Emissions Trading Scheme Regulations 2012, Paragraph 3 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.

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Changes and effects yet to be applied to Schedule 5 Paragraph 3:

Regulations modified by 2019 c. 1 s. 79(5)

Content of an [F1Article 27] installation emissions permitU.K.

This section has no associated Explanatory Memorandum

3.—(1) An [F2Article 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 [F3over 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 F4... regulation [F540] 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 [F6mentioned] 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 [F7over 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;

[F8(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;]

F9(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 [F2Article 27] installation emissions permit F10... 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.

F11(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of [F12sub-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 [F132018].

(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 [F142018]; 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 [F142018] (“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 [F142018];

(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 [F142018].

F15(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 [F2Article 27] installations.

(11) The authority must exercise powers under F16... regulation [F1740] 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

F1Words 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))