The Greenhouse Gas Emissions Trading Scheme Regulations 2012 No. 3038

PART 4 U.K. Surrender of allowances

Surrender of allowances: operators of installations U.K.

41.  For each scheme year, the operator of an installation must surrender allowances in accordance with the surrender requirements of the permit for the installation.

Surrender of allowances: UK aircraft operators U.K.

F1 42.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 42 revoked (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 12(1)

[F2 Surrender of allowances: UK aircraft operators: 2013, 2014 and subsequent scheme years U.K.

42A.— (1) Subject to paragraphs (3) and (4), by 30th April 2015, a UK administered operator (“A”) must surrender a number of allowances or aviation allowances equal to the sum of A’s annual reportable emissions in the scheme years 2013 and 2014.

[F3 (2) Subject to paragraph (3) and regulation 42B, for each scheme year beginning with 2015, A must surrender a number of allowances or aviation allowances equal to A’s annual reportable emissions in that scheme year by—

(a) for the scheme year 2018, 15th March 2019; or

(b) for any other scheme year, the following 30th April.]

(3) For each scheme year beginning with 2013 and ending with [F4 2023], the duty in paragraphs (1) and (2) does not apply in respect of A’s excluded aviation emissions.

(4) The duty in paragraph (1) does not apply for a scheme year in which A was an exempt non-commercial air transport operator.

Textual Amendments

F2 Regs. 42A, 42B inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 13

F3 Reg. 42A(2) substituted (27.12.2017) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 (S.I. 2017/1207), regs. 1, 2(3)

F4 Word in reg. 42A(3) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(7)

Surrender of a deficit of allowances: UK administered operators U.K.

42B.— (1) Paragraphs (2) and (3) apply where a deficit arises in respect of compliance by a UK administered operator with regulation 42A(1) or 42A(2) for a scheme year (the “non-compliance year”).

(2) Where the deficit does not result from an error in the verified emissions report submitted by the UK administered operator, the amount of allowances or aviation allowances that the UK administered operator is required to surrender under regulation 42A(2) for the recovery year is increased by an amount of allowances or aviation allowances equal to the deficit.

(3) Where the deficit results from an error in the verified emissions report submitted by the UK administered operator, the amount of annual reportable emissions of the UK administered operator in the year in which the error is discovered, for the purpose of regulation 42A(2), is increased by an amount of annual reportable emissions equal to the deficit.

(4) In this regulation—

(a) “deficit” means a shortfall in the number of allowances or aviation allowances surrendered, calculated as—

(i) where the non-compliance year is any scheme year beginning with 2013 and ending with [F5 2023], , where—

• ‘x’ is the amount of annual reportable emissions arising in the non-compliance year;

• ‘y’ is the amount of excluded aviation emissions arising in the non-compliance year (expressed in tonnes of carbon dioxide equivalent); and

• ‘z’ is the amount of allowances or aviation allowances which the UK administered operator surrendered for the non-compliance year; and

(ii) where the non-compliance year is any scheme year beginning with [F6 2024], , where—

• ‘x’ is the amount of annual reportable emissions arising in the non-compliance year; and

• ‘y’ is the amount of allowances or aviation allowances which the UK administered operator surrendered for the non-compliance year; and

(b) the “recovery year” means, in respect of a failure to comply with—

(i) regulation 42A(1), the scheme year 2015; or

(ii) regulation 42A(2), the scheme year following the non-compliance year.]

Textual Amendments

F2 Regs. 42A, 42B inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 13

F5 Word in reg. 42B(4)(a)(i) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(8)(a)

F6 Word in reg. 42B(4)(a)(ii) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(8)(b)