The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019

Amendments to the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011 U.K.

3.—(1) The Storage of Carbon Dioxide (Termination of Licences) Regulations 2011 M1 are amended as follows.

(2) Omit regulation 6 (information to be provided to the European Commission).

(3) In regulation 9 (issuing a draft termination notice), omit paragraph (4).

(4) In regulation 11 (serving a termination notice), omit paragraphs (1)(a) and (3).

(5) In regulation 14 (transfer of obligations)—

(a) for paragraph (2)(c), substitute—

“(c) the offset of emissions which are leakage under climate change legislation (if any); and”;

(b) in paragraph (2)(d), for “implementing” substitute “ which before exit day implemented ”;

(c) for paragraph (3), substitute—

“(3) In this regulation—

(a) “climate change legislation” means—

(i) legislation which before exit day implemented the ETS Directive;

(ii) regulations made under Part 3 of the Climate Change Act 2008 on or after exit day, which impose obligations similar to obligations which existed, on the day before exit day, under legislation which implemented the ETS Directive; or

(iii) legislation which levies a tax in relation to greenhouse gas emissions attributable to a person;

(b) “corrective measures” has the meaning given to it by Article 3 of the Directive;

(c) “emissions” (except in sub-paragraphs (d) and (g)) has the meaning given to it by section 97 of the Climate Change Act 2008;

(d) “ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;

(e) “greenhouse gas” (except in sub-paragraphs (d) and (g)) has the meaning given to it by section 92 of the Climate Change Act 2008;

(f) “legislation” (except in sub-paragraph (a)(ii)) means legislation in force in the United Kingdom (whether passed, or made, before or after the commencement of these Regulations);

(g) for the purposes of the references to Article 13 of the Directive and Annex II to the Directive in paragraph (2)(a), Article 13(2) shall be read as if for the words “guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC” there were substituted “ 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 ”.”.

Commencement Information

I1 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 S.I. 2011/1483, amended by S.I. 2016/912.