The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Excluded installations [F1: Article 27 installations] U.K.

This section has no associated Explanatory Memorandum

15.—[F2(A1) An installation is an Article 27 installation for the duration of a particular allocation period if, in relation to that period, it is deemed to be approved by the European Commission under the first subparagraph of Article 27(2) of the Directive, unless a notice has been given to the operator under paragraph 8(1) or (4) of Schedule 5 (in which case the installation ceases to be an Article 27 installation as from the date specified in the notice).

(B1) An installation's status as an Article 27 installation expires at the end of the particular allocation period in relation to which it has been excluded.

(C1) Where an installation ceases to be an Article 27 installation at the end of the first allocation period in accordance with paragraph (B1) and approval is not deemed in accordance with paragraph (A1) in respect of the second allocation period, paragraph 8(6A) of Schedule 5 applies.]

(1) Schedule 5 makes further provision about [F3Article 27] installations.

(2) Subject to paragraphs (3) and (4), and unless a contrary intention appears, these Regulations apply to an [F4Article 27] installation as they apply to an installation that is not an excluded installation.

[F5(3) The following provisions do not so apply—

(a)regulation 12(2); F6...

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(4) The following provisions so apply—

(a)paragraph 4 of Schedule 4, but as if—

(i)any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the [F7Article 27] installation emissions permit; and

(ii)sub-paragraph (1)(c) and sub-paragraphs (2)(b)(ii), (3), (4) and (6) to (8) were omitted;

(b)paragraph 5 of Schedule 4, but as if—

(i)any reference in that paragraph to the monitoring and reporting requirements of the greenhouse gas emissions permit were a reference to the monitoring and reporting conditions of the [F8Article 27] installation emissions permit; and

(ii)sub-paragraph (1)(c) and sub-paragraphs (3)(b)(ii), (4), (5) and (7) to (9) were omitted.

Textual Amendments

F2Regs. 15(A1)-(C1) inserted (1.2.2020 for specified purposes, 1.1.2021 in so far as not already in force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2B)(4), 11(3) (as amended by S.I. 2020/18, regs. 1, 11(2)(4), 12(2) and S.I. 2020/1369, regs. 1(2), 44(a))