2020 No. 115
The Carbon Accounting (Provision for 2018) Regulations 2020
Made
Laid before Parliament
Coming into force
The Secretary of State, before making these Regulations, has consulted with the Scottish Ministers, the Welsh Ministers and the Department for the Economy and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in accordance with section 28(4)(b) of the Climate Change Act 2008 (“the Act”)1.
The Secretary of State, in exercise of the powers conferred by sections 26(1) and (2) and 27(3) and (4) of the Act, makes the following Regulations:
Citation and commencement1
These Regulations may be cited as the Carbon Accounting (Provision for 2018) Regulations 2020 and come into force on 28th February 2020.
Interpretation2
In these Regulations—
“the 2009 Regulations” means the Carbon Accounting Regulations 20092;
“aerodrome” has the same meaning as in article 4 of the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 20093;
“the domestic aviation cap” means the figure produced as a result of carrying out the calculation set out in the Schedule to these Regulations;
“domestic aviation emissions” means the emissions of carbon dioxide arising from any aircraft during taking off, flying and landing when the aerodrome from which the aircraft takes off and the aerodrome at which the aircraft next lands are both located in the United Kingdom.
Crediting and debiting of carbon units as a result of the operation of the EU Emissions Trading Scheme in respect of installations during 20183
If, in accordance with the Greenhouse Gas Emissions Trading Scheme Regulations 20124, the amount of carbon units surrendered by operators of installations in the United Kingdom in respect of 2018 was—
a
greater than 152,311,507, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2018;
b
less than 152,311,507, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2018.
Crediting and debiting of carbon units to take into account domestic aviation emissions during 20184
1
If domestic aviation emissions in 2018 were—
a
greater than the domestic aviation cap, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2018;
b
less than the domestic aviation cap, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2018.
2
In calculating domestic aviation emissions and the domestic aviation cap, the Secretary of State must use such data about aviation emissions as appear to the Secretary of State to be the best available data.
Duty to cancel carbon units credited to the net UK carbon account in respect of 20185
1
It is the duty of the Secretary of State, during a period beginning on 1st January 2023 and ending on 15th May 2024, to ensure that each carbon unit credited to the net UK carbon account in respect of 2018 under regulation 5 of the 2009 Regulations is cancelled.
2
A carbon unit is cancelled for the purpose of this regulation if an operation is performed in relation to it equivalent to the operation of cancellation or deletion under Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/20115.
Amendments to the Carbon Accounting Regulations 20096
1
The 2009 Regulations are amended as follows.
2
In regulation 2(1), for the definition of European Union allowance substitute—
“European Union allowance” means an allowance as defined in Article 3(a) of the Emissions Trading Directive;
3
In regulation 9—
a
at the end of paragraph (1), add “and the Carbon Accounting (Provision for 2018) Regulations 2020”;
b
in paragraph (3), after “Regulations 2015,” insert “or regulation 3 or 4 of the Carbon Accounting (Provision for 2018) Regulations 2020,”;
c
in paragraph (6)—
i
after “Regulations 2015,” insert “or regulation 5 of the Carbon Accounting (Provision for 2018) Regulations 2020,”;
ii
for “on which the calculation was performed” substitute “of cancellation”.
SCHEDULEThe Domestic Aviation Cap
1
For the purpose of this Schedule—
“EEA aviation emissions” means the emissions of carbon dioxide arising from any aircraft during taking off, flying and landing when the aerodrome from which the aircraft takes off and the aerodrome at which the aircraft next lands are both located in the same EEA State; and
“EEA State” means a state which was an EEA state on 31st December 2018 (whether or not that state was an EEA state in the years referred to in sub-paragraphs (a) and (c) of paragraph 2).
2
The domestic aviation cap (“DAC”), expressed in tonnes of carbon dioxide equivalent, is calculated as follows—
where—
a
E is the arithmetic mean of the EEA aviation emissions for each of the years 2004, 2005 and 2006;
b
F is domestic aviation emissions for 2010; and
c
G is EEA aviation emissions for 2010.
(This note is not part of the Regulations)