The Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011

Transitional provisions

4.—(1) In this regulation—

(a) any reference to a numbered regulation is to that regulation of the 2005 Regulations;

(b) “activities” means the activities of an installation in so far as they result in emissions;

(c) “application” means an application made for the purposes of paragraph (3);

(d) “commencement date” means the day on which these Regulations come into force;

(e) “deferred date” means—

(i) the day on which the application is determined, or

(ii) if no application is made, the last day of the period of 4 weeks beginning with the commencement date;

(f) “emissions” means emissions of nitrous oxide;

(g) “installation” means an installation for the production of nitric acid;

(h) “permit” and “variation of a permit” mean a greenhouse gas emissions permit (or a variation of such a permit) by virtue of which the carrying out of activities is authorised; and

(i) “reportable emissions”, “annual reportable emissions” and “Monitoring and Reporting Decision” have the meanings given by regulation 2(1).

(2) Paragraphs (3) and (4) apply where activities were being carried out at an installation immediately before the commencement date.

(3) If, within a period of 4 weeks beginning with the commencement date, the operator of the installation applies for a permit under regulation 8 or for the variation of a permit under regulation 14, regulation 7 does not apply in relation to the activities until that application is determined (and regulation 7 does not in any event so apply during that period of 4 weeks).

(4) During the period beginning with the commencement date and ending with the deferred date, the operator must monitor any reportable emissions from the installation in accordance with the Monitoring and Reporting Decision; and any requirement in the permit to submit a report of annual reportable emissions, or to surrender allowances equal to such emissions, applies to reportable emissions during that period as it applies to such emissions after the deferred date.

(5) Any failure to comply with an obligation under paragraph (4) is to be treated, for the purposes of the 2005 Regulations, as a failure to comply with the conditions of a permit.

(6) This paragraph applies where the operator of an installation has—

(a) monitored the reportable emissions from the installation in accordance with the Monitoring and Reporting Decision during a period beginning before the commencement date;

(b) at the time of the operator’s application, notified the regulator of a wish to receive an allocation that is calculated in accordance with paragraph (8); and

(c) provided the regulator with such information concerning the monitoring of those emissions as the regulator may reasonably request.

(7) Where paragraph (6) does not apply, the number of allowances to be allocated under regulation 21 for emissions of the installation in the year 2011 is , where—

(a) X is the number of allowances that would otherwise be allocated for the emissions in 2011 in accordance with the approved national allocation plan, and

(b) Y is the number of days in the period beginning with 1st April 2011 and ending with the day before the commencement date.

(8) Where paragraph (6) applies—

(a) the number of allowances to be allocated under regulation 21 for emissions of the installation in the year 2011 is , where—

(i) X is the number of allowances that would otherwise be allocated for the emissions in 2011 in accordance with the approved national allocation plan, and

(ii) Z is the number of days in the period beginning with 1st April 2011 and ending with the day before the commencement date, other than any day (“early monitoring day”) during which the monitoring referred to in paragraph (6)(a) has taken place; and

(b) any requirement in the permit to submit a report of annual reportable emissions, or to surrender allowances equal to such emissions, applies to reportable emissions taking place on an early monitoring day as it applies to such emissions after the deferred date.