38. Annex 4 is to be read as if—U.K.
[F1(a)in section 1—
(i)in subsection A for “all activities as listed in Annex I to Directive 2003/87/EC or included in the Union system under Article 24 of that Directive” there were substituted “all regulated activities”;
(ii)in subsection C.2 in the first subparagraph for “section 5” there were substituted “section 4”;
(aa)in each of the headings of sections 2 to 20 for “Annex I to Directive 2003/87/EC” there were substituted “Schedule 2 to the Greenhouse Gas Emissions Trading Scheme Order 2020”;
(ab)in section 4 in subsection B for “sections 2, 4 and 5” there were substituted “sections 2 and 4”;
(ac)in section 8—
(i)in subsection A “, and any guidelines published by the Commission for this purpose” were omitted;
(ii)in subsection B in calculation method B (overvoltage method) for “FCF2F6” in both places there were substituted “FC2F6”;
(ad)in section 9—
(i)in subsection A for “organic” there were substituted “non-carbonate”;
(ii)in subsection B in the second subparagraph for “organic” there were substituted “non-carbonate”;
(iii)in subsection D for “The following tier definitions” in both places there were substituted “By way of derogation from section 4 of Annex 2, the following tier definitions”;
(ae)in section 10—
(i)in subsection B in the first subparagraph—
(aa)“and section 5” were omitted;
(bb)for “organic” there were substituted “non-carbonate”;
(ii)after subsection B there were inserted—
“C. Emissions from non-carbonate carbon in raw materials
The operator shall determine the emissions from non-carbonate carbon at least from limestone, shale or alternative raw materials in the kiln in accordance with Article 24(2).
By way of derogation from section 4 of Annex 2, the following tier definitions for the emission factor shall apply:
Tier 1: The content of non-carbonate carbon in the relevant raw material shall be estimated using industry best practice guidelines.
Tier 2: The content of non-carbonate carbon in the relevant raw material shall be determined at least annually following the provisions of Articles 32 to 35.
By way of derogation from section 4 of Annex 2, the following tier definitions for the conversion factor shall apply:
Tier 1: A conversion factor of 1 shall be applied.
Tier 2: The conversion factor shall be calculated applying industry best practice.”;
(af)in section 11 in subsection B in the first subparagraph for “section 5” there were substituted “section 4”;
(ag)in section 12—
(i)in subsection A for “fossil organic material” there were substituted “non-carbonate carbon content”;
(ii)in subsection B in the first subparagraph—
(aa)for “sections 4 and 5” there were substituted “section 4”;
(bb)for “organic content” there were substituted “non-carbonate carbon content”;
(cc)for “organic carbon” there were substituted “non-carbonate carbon”.]
(b)in each of the headings of sections 21, 22 and 23, for “Directive 2009/31/EC” there were substituted “ the CCS licensing regime ”;
(c)in section 21, in subsection A, for “other activities covered by Directive 2003/87/EC” there were substituted “ other regulated activities ”;
(d)in section 22, in subsection B, for “Directive 2003/87/EC” in both places it occurs there were substituted “ the 2020 Order ”;
(e)in section 23—
(i)in subsection A, in the first subparagraph, for “Directive 2009/31/EC” there were substituted “ the CCS licensing regime ”;
(ii)in subsection A, in the second subparagraph, after “with”, there were inserted “ domestic legislation which immediately before IP completion day implemented ”;
(iii)in subsection B.3, in the definition of “Tend”, after “with”, there were inserted “ domestic legislation which immediately before IP completion day implemented ”.