The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018

Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

2.—(1) The Greenhouse Gas Emissions Trading Scheme Regulations 2012(1) are amended in accordance with paragraphs (2) to (9).

(2) In regulation 32(7), for “2015 or 2016” substitute “2015 to 2023”.

(3) In regulation 32A—

(a)in the heading, for “2015 activities and 2016 activities” substitute “activities during 2015 to 2023”;

(b)in paragraph (1), for “the scheme years 2015 (“the 2015 activities”) or 2016 (“the 2016 activities”)” substitute “the scheme years 2015 to 2023 (“the relevant activities”)”;

(c)for paragraph (3), substitute—

“(3) Where B is unable to foresee the date on which B is due to commence the relevant activities, B must—

(a)where the relevant activities are due to commence during the scheme years 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence these activities and in any event by the later of 6 weeks after 31st March 2018 or 6 weeks after the date on which the relevant activities commence;

(b)where the relevant activities are due to commence during a scheme year other than 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence the relevant activities and in any event by a date no later than 6 weeks after the date on which the relevant activities commence; and

(c)include with the application a written explanation of why B was unable to comply with paragraph (2).”;

(d)in paragraph (5)(a), for “in respect of, as appropriate, the 2015 activities or the 2016 activities” substitute “in respect of the relevant activities”;

(e)for paragraph (8), substitute—

“(8) In this regulation—

(a)“application date” means—

(i)where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the date which is 4 months before the date on which the 2015 activities are due to commence;

(ii)where the relevant activities are due to commence during the scheme year 2016, the date which is 4 months before the date on which the 2016 activities are due to commence;

(iii)where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the date which is 4 months before the date on which these activities are due to commence; and

(iv)where the relevant activities are due to commence during the scheme years 2019 to 2023, the date which is 4 months before the date on which these activities are due to commence;

(b)“transferred operator application date” means—

(i)where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

(ii)where the relevant activities are due to commence during the scheme year 2016, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

(iii)where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

(iv)where the relevant activities are due to commence during the scheme years 2019 to 2023, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

(c)“transferred operator cut-off date” means the date which is 6 months before the date on which the relevant activities are due to commence.”.

(4) In regulation 32B—

(a)for “post-2016”, in each place it occurs (including the heading), substitute “post-2023”;

(b)in paragraph (1)(a), for “2015 or 2016”, substitute “2015 to 2023”;

(c)in paragraph (1)(b), for “2016”, in the first place it occurs, substitute “2023”.

(5) In regulation 33A(2), for “2016”, in both places it occurs, substitute “2023”.

(6) In regulation 35—

(a)in paragraph (5), for “2015 and 2016” substitute “2015 to 2023”;

(b)in paragraph (6)(a), for “2016” substitute “2023”;

(c)for paragraph (7), substitute—

“(7) The report shall be considered verified in accordance with the Verification Regulation where—

(a)either—

(i)A has annual reportable emissions of less than 25,000 tonnes, or

(ii)A has annual reportable emissions of less than 3,000 tonnes other than from an outermost region(2) flight, or flights departing from, or arriving in, an aerodrome situated in any country other than an EEA state, and

(b)A has determined its emissions using the small emitters tool approved under the Small Emitters Tool Regulation and populated with data by Eurocontrol.”.

(7) In regulation 42A(3), for “2016” substitute “2023”.

(8) In regulation 42B—

(a)in paragraph (4)(a)(i), for “2016” substitute “2023”;

(b)in paragraph (4)(a)(ii), for “2017” substitute “2024”.

(9) In Schedule 7, for paragraph (1A) substitute—

“(1A) For the purpose of paragraphs (2) to (9) of this Schedule, “aviation activity” means an activity listed in the table in Annex 1 to the Directive under the section titled “Aviation”, but excluding the activities listed under points (a) to (k) of that section.”.