PART 4Power to modify application of Annexes I and II to the Directive

Power to modify application of Annexes I and II to the DirectiveI16

1

This regulation applies to activities in respect of which the OGA is the licencing authority under section 18(2) of the Energy Act 2008 M1.

2

Subject to paragraph (3), the Secretary of State may by regulations made by statutory instrument modify the requirements of Annex I or II to the Directive as they apply for the purposes of the relevant Regulations, to reflect technical progress or developments in scientific knowledge.

3

Regulations under this regulation must not adversely affect—

a

the ability of the OGA to determine whether the requirements in regulation 7(1)(c) of the Licencing Regulations are satisfied, or

b

monitoring for the purposes specified in paragraph 2(3) of Schedule 2 to the Licencing Regulations.

4

Before making regulations under this regulation the Secretary of State must consult the OGA.

5

Regulations under this regulation are subject to annulment in pursuance of a resolution of either House of Parliament.

6

In this regulation—

  • “the Directive” means Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006M2;

  • “Licencing Regulations” means the Storage of Carbon Dioxide (Licencing etc.) Regulations 2010;

  • “the OGA” means the Oil and Gas Authority;

  • “the relevant Regulations” means—

    1. a

      the Licensing Regulations (including provisions in Schedule 1 or 2 included in a licence or storage permit);

    2. b

      the Storage of Carbon Dioxide (Termination of Licences) Regulations 2011; and

    3. c

      Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council.