The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Adjustment of allocation to an installation: permanent cessations of regulated activities

7.—(1) For the purposes of this paragraph, an installation permanently ceases the carrying out of regulated activities where any of the following conditions are met—

(a) the permit or a licence for the installation has been surrendered or revoked, or otherwise ceased to have effect;

(b) the operation of regulated activities at the installation is technically impossible;

(c) the installation was, but is no longer, carrying out regulated activities and it is technically impossible for it to resume doing so;

(d) subject to sub-paragraphs (2) and (3), the operator—

(i) has suspended the carrying out of regulated activities at the installation, and

(ii) the carrying out of regulated activities has not recommenced within the period of 6 months following the date of the suspension.

(2) The operator may apply to the regulator for the period of 6 months mentioned in sub-paragraph (1)(d) to be extended to a period not exceeding 18 months, on the ground that the carrying out of regulated activities at the installation cannot be recommenced within that period of 6 months due to exceptional and unforeseeable circumstances that could not have been avoided even if all due care had been exercised, and were beyond the control of the operator.

(3) Sub-paragraph (1)(d) does not apply to an installation if it is kept in reserve or on standby, or is operated on a seasonal basis, provided that—

(a) the operator holds a permit and a licence for the installation;

(b) it is technically possible to commence the carrying out of regulated activities without making physical changes to the installation; and

(c) regular maintenance of the installation is carried out.

(4) Subject to sub-paragraph (5), no allocation of allowances to an installation may be made for any year following the year in which the installation has permanently ceased the carrying out of regulated activities.

(5) Notwithstanding the provisions of paragraph 2(2)(b), where regulated activities at the installation recommence after the expiry of the period of 6 months following the date of suspension or any longer period allowed pursuant to sub-paragraph (2) (“the relevant period”), the operator may apply for an allocation of allowances under paragraph 2.

(6) This sub-paragraph applies where the operator—

(a) has suspended the carrying out of regulated activities at the installation; and

(b) intends to recommence regulated activities before the expiry of relevant period.

(7) Where sub-paragraph (6) applies, the operator may within a period of one month beginning with the date of suspension apply to the regulator for the suspension to be treated as temporary; and if the application is granted—

(a) allowances may be issued to the installation notwithstanding that the relevant period has not expired; but

(b) such an issue of allowances is without prejudice to sub-paragraph (4) and paragraph 11(1).

(8) An application under sub-paragraph (7) must provide evidence that the carrying out of regulated activities will recommence within the relevant period.

(9) The regulator must request the registry administrator to withhold the allocation of allowances to the operator of an installation for as long as any of the following circumstances obtains—

(a) the regulator is investigating whether or not the installation has permanently ceased the carrying out of regulated activities;

(b) an application under sub-paragraph (7) has been made but the application—

(i) has not yet been determined, or

(ii) has been refused and the relevant period has not yet expired;

(c) an application under regulation 12(1) has been made but has not yet been determined;

(d) a notice of surrender or revocation notice has been given but has not yet taken effect;

(e) an appeal against such a notice has been made but has not been determined or withdrawn;

(f) a notification has been made to the registry administrator under regulation 80(11) but the necessary changes to the allocation table have not yet been made.

(10) The registry administrator must comply with a request made under sub-paragraph (9).

(11) Where the regulator makes a request under sub-paragraph (9) the regulator—

(a) must notify the operator of the decision to do so as soon as is reasonably practicable; and

(b) may, if the regulator considers it appropriate to do so, subsequently notify the operator that—

(i) the allocation of allowances will be permanently reduced; or

(ii) the allowances (or a proportion of them) will be issued.

(12) In this paragraph—

(a) a “licence” for an installation is a permit in force issued in relation to that installation in accordance with—

(i) Directive 2008/1/EC of the European Parliament and of the Council concerning integrated pollution prevention and control(1), as amended for time to time; or

(ii) Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (integrated pollution prevention and control)(2), as amended for time to time;

(b) “relevant period” has the meaning given in sub-paragraph (5).

(1)

OJ No L 24, 29.1.2008, p 8.

(2)

OJ No L 334, 17.12.2010, p 17.