77.—(1) Schedule 11 (which makes transitional provision for installations) has effect.
(2) An application for a GGETSR emissions plan under regulation 32A of GGETSR 2012 that has not been determined under GGETSR 2012 may be treated by the regulator as an application made under article 28.
(3) An application for the variation of a GGETSR emissions plan that has not been determined under GGETSR 2012 may be treated by the regulator as an application made under article 31.
[F1(4) The Monitoring and Reporting Regulation 2018 and the Verification Regulation 2018 are to be read as if references, however expressed, to a report submitted or information obtained under Commission Implementing Regulation 2018/2067 in relation to a year or other period before 2021 were to a report submitted or other information obtained under that Regulation as it had effect in EU law or under the Verification Regulation 2012.
(5) A person referred to in paragraph (6) may—
(a)use information held or obtained for the purposes of the EU ETS in the exercise of the person's functions under UK ETS legislation;
(b)disclose such information in the exercise of the person's functions under UK ETS legislation—
(i)to another person referred to in paragraph (6);
(ii)to any other person, if the disclosure is necessary or expedient for the exercise of the person's functions under UK ETS legislation.
(6) The persons are—
(a)the Secretary of State;
(b)the Environment Agency;
(c)the chief inspector;
(d)SEPA;
(e)NRW.
(7) In this article, “UK ETS legislation” means any of the following—
(a)this Order;
(b)the Monitoring and Reporting Regulation 2018;
(c)the Verification Regulation 2018;
(d)the Free Allocation Regulation;
(e)the Activity Level Changes Regulation.]
Textual Amendments
F1Art. 77(4)-(7) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 33(2)
Commencement Information
I1Art. 77 in force at 12.11.2020, see art. 2(1)