The Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012

PART 4 Amendments to the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010

Interpretation

13.  In this Part a reference to a numbered regulation is to that regulation of the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010(1).

Regulation 2

14.  In regulation 2—

(a) omit the definitions of “2005 Regulations” and “greenhouse gas emissions permit”;

(b) at the end of the definition of “the Directive” insert “, as amended from time to time”;

(c) after that definition insert—

““the Registries Regulation 2011” means Commission Regulation (EU) No 1193/2011 establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council, as amended from time to time;”; and

(d) for the definition of “trading scheme registry” substitute—

““trading scheme registry” means—

(a)

any registry operated by the Environment Agency for the purpose of meeting the obligations of the United Kingdom referred to in Article 3(1) of Commission Regulation (EU) No 920/2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council; or

(b)

the registry established by Article 4(1) of the Registries Regulation 2011”.

Regulations 4 and 5

15.—(1) In regulation 4—

(a) in paragraph (2)—

(i) omit sub-paragraphs (a) to (f);

(ii) for sub-paragraph (g) substitute—

“(g) charges (“registry charges”) in respect of—

(i) an application to open an account that, under the Registries Regulation 2011, is required to be held in a trading scheme registry;

(ii) the subsistence of such an account;

(iii) the updating of information provided to the Environment Agency in relation to such an account”;

(iii) for sub-paragraph (h) substitute—

“(h) fees or charges in respect of any costs incurred by the enforcing authority in performing any functions conferred under or by virtue of regulations made for the purpose of implementing the Directive”; and

(iv) omit sub-paragraph (i);

(b) in paragraph (3), for “the 2005 Regulations” substitute “regulations made for the purpose of implementing the Directive”; and

(c) in paragraph (4), for “its functions under the 2005 Regulations” substitute “the functions referred to in paragraph (2)(h)”.

(2) In regulation 5—

(a) in paragraph (1)(a), for the words from “prescribe” to the end substitute “prescribe registry charges, or to amend any provision for such charges included in a charging scheme made under section 41A of the Environment Act 1995”; and

(b) in paragraph (4), for “operator registry charges or aircraft operator registry charges” substitute “registry charges”.

(1)

S.R. (N.I.) 2010/151; amended by S.I. 2011/2911.