The Greenhouse Gas Emissions Trading Scheme Order 2020

[F1 PART 4 U.K. Publication of information from registry

Textual Amendments

F1 Sch. 5A Pt. 4 inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 15(3)

Information about accounts: operator and aircraft operator holding accounts and trading accounts U.K.

31.— (1) The UK ETS authority must publish information about each of the following accounts (including closed accounts)—

(a) operator holding accounts;

(b) aircraft operator holding accounts;

(c) trading accounts.

(2) The information is—

(a) the account holder’s name;

(b) the type of account;

(c) whether the account is open or closed;

(d) if the account is an operator holding account, the information referred to in paragraph 32;

(e) if the account is an aircraft operator holding account, the information referred to in paragraph 33;

(f) if the account is a trading account, the account holder’s address.

(3) The UK ETS authority must—

(a) publish the information as soon as reasonably practicable after this paragraph comes into force;

(b) publish updated information from time to time and in any event at least once a year as soon as reasonably practicable after 1st May.

(4) This paragraph is subject to article 75C (national security).

Information about accounts: operator holding accounts U.K.

32.— (1) In the case of an operator holding account, the information is—

(a) the identifier used in the registry for the installation to which the account relates;

(b) the regulator for the installation;

(c) the number of the installation’s greenhouse gas emissions permit;

(d) the first scheme year for which the installation’s reportable emissions are recorded in the account;

(e) if the account is closed, the last scheme year for which the installation’s reportable emissions are recorded in the account;

(f) the number of allowances allocated free of charge in respect of the installation for each scheme year;

(g) the installation’s reportable emissions in each scheme year, and the installation’s total reportable emissions in the trading period, recorded in the account as at the relevant date;

(h) the total number of allowances transferred from the account to the surrender account (excluding transfers that have subsequently been reversed) as at the relevant date;

(i) the code (known as the “static compliance code”) generated in the registry from the information recorded in the account as at the relevant date, and the key to that code, indicating which one of the statuses referred to in sub-paragraph (2) applies.

(2) The statuses are that—

(a) a regulated activity did not begin to be carried out at the installation by the end of the scheme year preceding the relevant date;

(b) paragraph (a) does not apply and the installation’s reportable emissions in the scheme year preceding the relevant date are not recorded in the account as at the relevant date;

(c) neither paragraph (a) nor (b) applies and the total number of allowances referred to in sub-paragraph (1)(h) is greater than or equal to the installation’s total reportable emissions in the trading period recorded in the account as at the relevant date;

(d) neither paragraph (a) nor (b) applies and the total number of allowances referred to in sub-paragraph (1)(h) is less than the installation’s total reportable emissions in the trading period recorded in the account as at the relevant date.

(3) In this paragraph, “relevant date” means the 1st May preceding the date of publication of the information or updated information.

Information about accounts: aircraft operator holding accounts U.K.

33.— (1) In the case of an aircraft operator holding account, the information is—

(a) the account holder’s Eurocontrol Central Route Charges Office identification number;

(b) the regulator of the account holder;

(c) the number of the account holder’s emissions monitoring plan;

(d) the first scheme year for which the account holder’s aviation emissions are recorded in the account;

(e) if the account is closed, the last scheme year for which the account holder’s aviation emissions are recorded in the account;

(f) the number of allowances allocated free of charge to the account holder for each scheme year;

(g) the account holder’s aviation emissions in each scheme year, and the account holder’s total aviation emissions in the trading period, recorded in the account as at the relevant date;

(h) the total number of allowances transferred from the account to the surrender account (excluding transfers that have subsequently been reversed) as at the relevant date;

(i) the code (known as the “static compliance code”) generated in the registry from the information recorded in the account as at the relevant date, and the key to that code, indicating which one of the statuses referred to in sub-paragraph (2) applies.

(2) The statuses are that—

(a) the account holder is not an aircraft operator in relation to the scheme year preceding the relevant date;

(b) paragraph (a) does not apply and the account holder’s aviation emissions in the scheme year preceding the relevant date are not recorded in the account as at the relevant date;

(c) neither paragraph (a) nor (b) applies and the total number of allowances referred to in sub-paragraph (1)(h) is greater than or equal to the account holder’s total aviation emissions in the trading period recorded in the account as at the relevant date;

(d) neither paragraph (a) nor (b) applies and the total number of allowances referred to in sub-paragraph (1)(h) is less than the account holder’s total aviation emissions in the trading period recorded in the account as at the relevant date.

(3) In this paragraph, “relevant date” means the 1st May preceding the date of publication of the information or updated information.

Information about transfers of allowances U.K.

34.— [F2 (1) The UK ETS authority must publish the information referred to in sub-paragraph (1A) about each completed transfer of allowances from one account to another (other than a transfer from a central account to another central account).

(1A) The information is—

(a) the name of the account holder, type of account and unique account identifier of the account from which the allowances are transferred;

(b) the name of the account holder, type of account and unique account identifier of the account to which the allowances are transferred;

(c) the number of allowances transferred;

(d) which one of the following categories the transfer falls into—

(i) a transfer from the allocation account (free allocation under Part 4A);

(ii) the reversal of a transfer from the allocation account (see paragraph 22(6));

(iii) the return of allowances to which a person is not entitled (as set out in article 34S(3) or 34T(3)) in accordance with a notice under article 34U or 34V or returned voluntarily without the need for such a notice to be given;

(iv) a transfer to the auction delivery account;

(v) the return of allowances transferred in error under the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 (see regulation 48 of those Regulations);

(vi) a transfer of allowances following the grant of an application to transfer a greenhouse gas emissions permit (see paragraph 12);

(vii) a transfer to the deletion account (see paragraph 23);

(viii) the reversal of a transfer to the deletion account (see paragraph 22(2));

(ix) a transfer to the surrender account (see paragraph 24);

(x) the reversal of a transfer to the surrender account (see paragraph 22(3));

(xi) a transfer of allowances from an account to be closed (see paragraph 30);

(xii) any other transfer of allowances;

(e) the date and time when the transfer completed;

(f) the reference for the transfer used in the registry.

(1B) The unique account identifier of an account that is required to be published under sub-paragraph (1A) must not be the account number or an identifier from which the account number can be derived.]

(2) Information about transfers completing in the period beginning with 1st January 2021 and ending with 30th April 2022 must be published as soon as reasonably practicable after 30th April 2025.

(3) Information about transfers completing in the 12-month period ending with 30th April 2023, and in each subsequent 12-month period ending with 30th April, must be published as soon as reasonably practicable after 3 years have elapsed since the end of the 12-month period.

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (5) This paragraph is subject to article 75C (national security).]]

Textual Amendments

F2 Sch. 5A para. 34(1)-(1B) substituted for Sch. 5A para. 34(1) (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 29(2)(a)

F3 Sch. 5A para. 34(4) omitted (31.3.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 29(2)(b)

F4 Sch. 5A para. 34(5) inserted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 29(2)(c)