The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Content of a greenhouse gas emissions permit U.K.

2.—(1) A greenhouse gas emissions permit granted under regulation 10 must contain—

(a) the name and postal address in the United Kingdom (including postcode) of the operator;

(b) the postal address and national grid reference of the installation (or equivalent information identifying the installation and its location);

(c) a description of the installation, including—

(i) the regulated activities to be carried out at the installation and the specified emissions from those activities; and

(ii) any directly associated activities (within Article 3(e) of the Directive) that are also to be carried out;

(d) a description of the site and the location of the installation on that site; and

(e) as defined below—

(i) the monitoring plan;

(ii) the monitoring and reporting requirements;

(iii) the surrender requirements; and

(iv) the supplementary requirements.

(2) The monitoring plan is the plan approved in accordance with Articles 11 to 13 of the Monitoring and Reporting Regulation.

(3) The monitoring and reporting requirements are—

(a) a requirement to monitor the annual reportable emissions of the installation in accordance with—

(i) the Monitoring and Reporting Regulation; and

(ii) the monitoring plan (including the written procedures supplementing that plan);

[F1 (b) a requirement to prepare, for each scheme year, a verified report of those emissions in accordance with the Monitoring and Reporting Regulation and the Verification Regulation and to submit that report to the regulator—

(i) for the scheme year 2018, by 11th March 2019; or

(ii) for any other scheme year, by 31st March in the following year;]

(c) a requirement to satisfy the regulator, if an emission factor of zero has been reported in respect of the use of bioliquids, that the sustainability criteria set out in Article 17(2) to (5) of the Renewable Energy Directive have been fulfilled in accordance with Article 18(1) of that Directive; and

(d) any further conditions that the regulator considers necessary to give proper effect to the Monitoring and Reporting Regulation or the Verification Regulation.

[F2 (4) The surrender requirements are conditions obliging the operator to surrender a number of allowances equal to the annual reportable emissions of the installation in a scheme year by—

(a) for the scheme year 2018, [F3 the 2018 surrender deadline]; or

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

(5) For the purposes of the surrender requirements the amount of the annual reportable emissions of the installation in a recovery year is deemed to be increased by an amount equal to the amount of annual reportable emissions, arising in the non-compliance year, in respect of which the operator failed to comply with the surrender requirements.

(6) For the purposes of sub-paragraph (5)—

(a) a “non-compliance year” is a scheme year in respect of which an operator fails to comply with the surrender requirements; and

(b) the “recovery year” is—

(i) the scheme year following the non-compliance year; or

(ii) where the non-compliance results from an error in the verified emissions report submitted by the operator, the scheme year in which the error is discovered.

(7) The supplementary requirements are—

(a) notification requirements corresponding to the requirements in paragraphs 6(2) and 8(4)(a) and (5) of Schedule 6 (except in the case of the installations mentioned in [F4 paragraph 1A(1)(a)] of that Schedule);

(b) any other conditions that the regulator considers necessary to ensure that the operator notifies the regulator of any planned or effective changes to the capacity, activity level or operation of the installation, by 31st December in the year in which the change was planned or has occurred; and

(c) any other conditions that the regulator considers appropriate to include in the permit.

Textual Amendments

F1 Sch. 4 para. 2(3)(b) substituted (27.12.2017) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 (S.I. 2017/1207), regs. 1, 2(5)

F2 Sch. 4 para. 2(4) substituted (27.12.2017) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 (S.I. 2017/1207), regs. 1, 2(6)

F3 Words in Sch. 4 para. 2(4)(a) substituted (25.3.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019 (S.I. 2019/644), regs. 1, 2(6)

F4 Words in Sch. 4 para. 2(7)(a) substituted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 12