F18A

1

The Scottish Ministers shall in respect of 2013 calculate whether any carbon unit is to be credited to or debited from the net Scottish emissions account as a result of the operation of the EU ETS.

2

The calculation under this regulation must be performed by 30th June 2015.

3

The Scottish Ministers, when carrying out the calculation mentioned in paragraph (1), must determine—

a

for aviation activities, whether the amount of emissions in respect of Scotland from aviation activities in the relevant period for 2013 is more or less than the aviation cap; and

b

for other activities, whether the amount of carbon units surrendered in respect of Scotland as a result of the operation of the EUETS in the relevant period for 2013 is more or less than the fixed installation cap.

4

Where the figure for emissions from aviation activities in respect of Scotland in the 2013 national inventory is—

a

more than the aviation cap, an amount of carbon units equal to the excess is to be credited to the net Scottish emissions account for 2013; or

b

less than the aviation cap, an amount of carbon units equal to the shortfall is to be debited from the net Scottish emissions account for 2013.

5

Where the amount of carbon units surrendered in 2013 in respect of other activities is—

a

more than the fixed installation cap for 2013, an amount of carbon units equal to the excess is to be credited to the net Scottish emissions account for 2013; or

b

less than the fixed installation cap for 2013, an amount of carbon units equal to the shortfall is to be debited from the net Scottish emissions account for 2013.

6

In this regulation—

  • “2013 national inventory” means the “2013 UK Greenhouse Gas Emissions, Final Figures” as published by the Department of Energy and Climate Change on 3rd February 2015;

  • “Annex I” means Annex I of Directive 2003/87 of the European Parliament and of the Council of 13th October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;

  • “aviation activity” means an aviation activity listed in Annex I;

  • “aviation cap” means the sum of the domestic aviation cap plus the international aviation cap;

  • “domestic aviation cap” means 443,255;

  • “fixed installation cap” means 16,325,296;

  • “international aviation cap” means 921,758;

  • “other activities” means activities listed in Annex I other than aviation activity; and

  • “relevant period” means for 2013, the 16 months preceding 1st May 2014.