The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011

14.  For regulation 26 (Registry), substitute— U.K.

“UK Registry and Union Registry

26.— (1) The Environment Agency shall act as national administrator for the purposes of the Registries Regulation and these Regulations.

(2) Where the Secretary of State has determined that the Union Registry is not capable of performing some or all of its functions for the purposes specified in Article 3(1) of the Registries Regulation—

(a) the Environment Agency may continue to maintain the UK Registry and act as the KP registry administrator in relation to that registry in accordance with the Registries Regulation and these Regulations for the purposes specified in Article 3(1) of the Registries Regulation to the extent that the Secretary of State has determined that the Union Registry is not capable of performing its functions for those purposes; but

(b) that power may not be exercised after the Secretary of State has determined that the Union Registry is capable of performing all of its functions for the purposes specified in Article 3(1) of the Registries Regulation.

(3) Where the Secretary of State has determined that the Union Registry is not capable of performing some or all of its functions for the purposes specified in Article 3(2) of the Registries Regulation—

(a) the Environment Agency may continue to maintain the UK Registry and act as registry administrator in relation to that registry in accordance with the old Regulations for the purposes specified in Article 3(2) of the Registries Regulation to the extent that the Secretary of State has determined that the Union Registry is not capable of performing its functions for those purposes; but

(b) that power may not be exercised after the Secretary of State has determined that the Union Registry is capable of performing all of its functions for the purpose specified in Article 3(2) of the Registries Regulation.

(4) The old Regulations continue to have effect for the purposes of paragraph (3) above.

(5) Any determination under paragraphs (2) or (3) shall be published in such manner as the Secretary of State thinks appropriate.

(6) The Environment Agency may require users of the UK Registry or the Union Registry to comply with reasonable terms and conditions in relation to those registries.

(7) Subject to paragraph (8), the competent authority for the purposes of the Registries Regulation shall be the regulator.

(8) The Secretary of State shall be the competent authority or competent body for the purposes of Articles 12(2), 18, 20(4), 21(1), 26(2), 27(5), 27(6), 28(1), 28(5), 29(2), 29(5), 29(6), 40(3), 41(3), 42, 47 and 64a of the Registries Regulation.

(9) It shall be the duty of the verifier to comply with the requirement to enter emissions data in accordance with Article 29(2) of the Registries Regulation.

(10) It shall be the duty of the verifier to mark emissions as verified in accordance with Article 29(5) of the Registries Regulation.

(11) Subject to paragraph (14), where an operator fails to comply with a condition imposed pursuant to regulation 10(3) in respect of an installation, the national administrator shall ensure that the operator may not transfer any allowances out of the operator holding account for that installation until the compliance status figure for that installation calculated in accordance with Article 31 of the Registries Regulation is greater than or equal to zero.

(12) Paragraph (13) applies where—

(a) an operator is required to submit a report to the regulator by the terms of a notice of surrender in relation to an installation included pursuant to regulation 16(7)(a) or by the terms of a revocation notice in relation to an installation included pursuant to regulation 17(5)(a); and

(b) the operator—

(i) fails to submit the report to the regulator;

(ii) submits the report to the regulator and the report is incomplete; or

(iii) submits the report to the regulator and the report or part of the report cannot be verified in accordance with the relevant monitoring and reporting conditions.

(13) Subject to paragraph (14), where this paragraph applies, the registry administrator shall ensure that the relevant person may not transfer allowances out of the operator holding account for a relevant installation until—

(a) the report referred to in paragraph (12) has been submitted to the regulator and has been verified in accordance with the terms of the notice of surrender or the revocation notice; or

(b) the regulator has notified a determination in accordance with regulation 30(3).

(14) Paragraphs (11) and (13) shall not prevent the surrender of allowances, CERs or ERUs in accordance with Articles 46, 47 and 48 of the Registries Regulation.

(15) Where a national administrator prevents the transfer of allowances out of an account under paragraphs (11) or (13) the national administrator shall notify the account holder specifying the reason why and the period during which transfers will be prevented.

(16) In this regulation—

(a) “old Regulations” means these Regulations as they had effect immediately prior to 1st January 2012;

(b) in relation to an aviation operator, “regulator” means the person specified by regulations 4 to 6 of the Aviation Regulations;

(c) “relevant installation” means the installation to which the notice of surrender or revocation notice referred to in paragraph (12) relates;

(d) “relevant person” means—

(i) the operator of the installation; or

(ii) the pool administrator where the installation is covered by a notice under regulation 27(10)(b).”