Transfer of obligationsU.K.
14.—(1) Except as provided in paragraph (2) and regulation 15, the termination of a licence does not affect any obligation imposed upon, or liability incurred by, the licence holder.
(2) Immediately on the termination of a licence, there are transferred from the licence holder to the [F1appropriate Minister] the licence holder's obligations in relation to—
(a)monitoring, pursuant to Articles 13 and 18(6) and Annex II of the Directive;
(b)corrective measures;
[F2(c)the offset of emissions which are leakage under climate change legislation (if any); and]
(d)preventive and remedial action under legislation [F3which before [F4IP completion day] implemented] Articles 5(1) and 6(1) of Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage M1.
[F5(3) In this regulation—
(a)“climate change legislation” means—
(i)[F6the Greenhouse Gas Emissions Trading Scheme Regulations 2012;
(ii)the Greenhouse Gas Emissions Trading Scheme Order 2020; 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” F7... 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”.]
Textual Amendments
F1Words in reg. 14(2) substituted (1.10.2016) by The Energy (Transfer of Functions, Consequential Amendments and Revocation) Regulations 2016 (S.I. 2016/912), regs. 1(1), 19(6)
F2Reg. 14(2)(c) substituted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 14(2)(d) substituted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 14(2)(d) substituted (12.12.2022) by The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 9
F5Reg. 14(3) substituted (31.12.2020) by The Storage of Carbon Dioxide (Amendment and Power to Modify) (EU Exit) Regulations 2019 (S.I. 2019/544), regs. 1(3), 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6Reg. 14(3)(a)(i)(ii) substituted (12.12.2022) by The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 10
F7Words in reg. 14(3)(f) omitted (12.12.2022) by virtue of The Storage of Carbon Dioxide (Amendment) (EU Exit) Regulations 2022 (S.I. 2022/1190), regs. 1, 11
Marginal Citations
M1OJ No L 143, 30.4.2004, p 56; amended by European Parliament and Council Directives 2006/21/EC (OJ No L 102, 11.4.2006, p 15) and 2009/31/EC.