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

Document Number:2019 No. 916
 
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Statutory Instruments

Exiting The European Union

Climate Change

Sift requirements satisfied

1 st May 2019

Made

8 th May 2019

Laid before Parliament

9 th May 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

PART 1 Introduction

Citation and commencement

  1. These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 and come into force on the later of exit day or the 21 st day after the day on which these Regulations are laid before Parliament.

    PART 2 Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

    Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

  2. The Greenhouse Gas Emissions Trading Scheme Regulations 2012(2) are amended by substituting in regulation 3(1) the following for the definition of “the Verification Regulation”—

    ““the Verification Regulation” means—

    in relation to emissions occurring on or after 1 st January 2019 , Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council as amended from time to time;

    in relation to emissions occurring prior to 1 st January 2019 , Commission Regulation (EU) No 600/2012 of 21 June 2012 on the verification of greenhouse gas emission reports and tonne-kilometre reports and the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council as amended from time to time;”.

    PART 3 Amendment of the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

    Amendment of the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

  3. In the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019(3) , omit regulation 113.

    PART 4 Amendment of EU Regulations

    Amendment of Commission Regulation (EU) No 601/2012

  4. 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 is amended in accordance with regulations 5 and 6.

    Amendment of Article 15

  5. For Article 15(4)(a)(4) substitute—

    “(a) with regard to the emission monitoring plan:

    (i) a change of emission factor values laid down in the monitoring plan;

    (ii) a change between calculation methods as laid down in Annex 3 , or a change from the use of a calculation method to the use of estimation methodology in accordance with Article 54(2) or vice versa;

    (iii) the introduction of new source streams;

    (iv) changes in the status of the aircraft operator as a small emitter within the meaning of Article 54(1) or with regard to one of the thresholds provided by Article 28 a(6) of Directive 2003/87/EC(5);”.

    Amendment of Article 49

  6. For Article 49(1)(6) substitute—

    “1. The operator shall subtract from the emissions of the installation any amount of CO2 originating from fossil carbon in activities covered by Annex 1 to Directive 2003/87/EC that is not emitted from the installation, but:

    (a) transferred out of the installation to any of the following:

    (i) a capture installation for the purpose of transport and long-term geological storage in a storage site permitted in accordance with the CCS licensing regime;

    (ii) a transport network with the purpose of long-term geological storage in a storage site permitted in accordance with the CCS licensing regime;

    (iii) a storage site permitted in accordance with the CCS licensing regime for the purpose of long-term geological storage;

    (b) transferred out of the installation and used to produce precipitated calcium carbonate, in which the used CO2 is chemically bound.”.

    Amendment of Commission Implementing Regulation (EU) 2018/2067

  7. Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council is amended in accordance with regulations 8 to 61.

    Amendment of Article 1

  8. In Article 1—

    (a) in the first paragraph, for “Directive 2003/87/EC” substitute “the 2012 Regulations”;

    (b) omit the second paragraph.

    Amendment of Article 2

  9. In Article 2 for the words from “Article 14” to the end, substitute “regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations”.

    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(7)”;

    (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—

    “(4 a) ‘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;

    (4 b) ‘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—

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

    (7 b) ‘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—

    “(12 a) ‘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(8);”;

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

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

    New Article 3 a

  11. After Article 3 insert—

    “Article 3 aInterpretation

    In this Regulation:

    (a) references to a national accreditation body are references to the national accreditation body of the United Kingdom appointed in accordance with Article 4(1) of Regulation (EC) No 765/2008;

    (b) references to Implementing Regulation (EU) 2018/2066 are to be construed as references to Commission Regulation (EU) No 601/2012 and read in accordance with the following correlation table.

    Correlation table

    Amendment of Article 4

  12. In Article 4—

    (a) for “the relevant harmonised standards as defined in point (9) of Article 2 of Regulation (EC) No 765/2008 , or parts thereof, the references...

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