The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019

Amendment of Article 3

10.  In Article 3—

(a) in the first sentence omit “Article 3 of Directive 2003/87/EC and”;

(b) before paragraph (1), insert—

“(A1) ‘the 2012 Regulations’ means the Greenhouse Gas Emissions Trading Scheme Regulations 2012;”;

(c) in paragraph (2), for “harmonised standards, within the meaning of point 9 of Article 2 of Regulation (EC) No 765/2008” substitute “EN ISO 14065:2013(1)”;

(d) in paragraph (3), omit the words “or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation,”;

(e) after paragraph (4), insert—

“(4a) ‘aircraft operator’ means the person who operates an aircraft at the time it performs an aviation activity or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft;

(4b) ‘emissions’ has the meaning given in Article 3(b) of Directive 2003/87/EC;”;

(f) in paragraph (7), for the words from “Article 14(3)” to the end, substitute “regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations;”;

(g) after paragraph (7), insert—

“(7a) ‘greenhouse gas emissions permit’ has the same meaning as in the 2012 Regulations;

(7b) ‘aviation activity’ has the same meaning as in the 2012 Regulations;”;

(h) in paragraph (11), omit the words from “or pursuant to Article 11” to the end;

(i) after paragraph (12), insert—

“(12a) ‘the CCS licensing regime’ means Chapter 3 of Part 1 of the Energy Act 2008 and other domestic legislation which immediately before exit day implemented Directive 2009/31/EC(2);”;

(j) in paragraph (13), omit point (c);

(k) omit paragraphs (28) and (29).

(1)

ISO 14065:2013 specifies principles and requirements for bodies that undertake validation or verification of greenhouse gas (GHG) assertions, available at https://www.iso.org/standard/60168.html. Copy available for inspection at the Department for Business, Energy & Industrial Strategy at 1 Victoria Street, London, SW1H 0ET, United Kingdom.

(2)

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 1013/2006. OJ L 140, 5.6.2009, p.114.