The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011

Amendments to the 2005 Regulations

4.  After regulation 7 (Requirement for greenhouse gas emissions permit to carry out Schedule 1 activities) insert—

“Permits for Phase 3 activities

7A.—(1) A person who wishes to carry out a Phase 3 activity may make an application for a greenhouse gas emissions permit (and such a permit may accordingly authorise the carrying out of a Phase 3 as well as a Schedule 1 activity).

(2) For the purposes of this regulation—

(a)“Phase 3 activity” means an activity falling within Annex 1, as carried out on or after 1st January 2013, other than—

(i)a Schedule 1 activity, or

(ii)an aviation activity; and

(b)“Annex 1” means Annex 1 to the Directive, as substituted by Directive 2009/29/EC of the European Parliament and of the Council amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community(1).

(3) The provisions mentioned in paragraph (4) apply as if any reference to a Schedule 1 activity included a reference to a Phase 3 activity.

(4) The provisions are—

(a)regulations 8 to 10, 12, 14 and 15 (other than 15(2)); and

(b)in regulation 2, the definitions of “installation”, “reportable emissions” and “specified emissions” in so far as they have effect for the purposes of the interpretation of those provisions (or of definitions of expressions used in them).

(5) For the purposes mentioned in paragraph (4)(b), in relation to greenhouse gas emissions from a Phase 3 activity, the reference in the definition of “specified emissions” to emissions specified in Schedule 1 is to be read as a reference to emissions specified in Annex 1.

(6) Regulations 15(2) and 16 do not apply to a permit that authorises the carrying out of a Phase 3 as well as a Schedule 1 activity.

(7) In respect of a permit that authorises solely the carrying out of a Phase 3 activity, no charge is payable for the subsistence of the permit—

(a)under regulation 18(1), or

(b)under provisions superseding the provisions of Schedule 5 in accordance with regulation 18(3).”