The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019

Amendment of regulation 3

3.—(1) Regulation 3 is amended as follows.

(2) In paragraph (1)—

(a)after the definition of “allocation”, insert—

““allocation period” means—

(b)after the definition of “annual reportable emissions”, insert—

““Article 27 installation” means an installation of the kind described in regulation 15(A1);

“Article 27a installation” means an installation of the kind described in regulation 15A(1);

“Article 27 installation emissions permit” means a permit which—

(c)for the definition of “change of status notice”(1) substitute—

““change of status notice” means a notice under—

(d)after the definition of “emissions”, insert—

““emissions target”, in relation to a scheme year, means an amount of reportable emissions specified in an Article 27 installation emissions permit as the target for that excluded installation in that year;”;

(e)for the definition of “excluded installation” substitute—

““excluded installation” means—

(f)omit the definition of “excluded installation emissions permit”;

(g)after the definition of “the Free Allocation Decision”, insert—

““the Free Allocation Regulation” means Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, as amended from time to time(2);”;

(h)after the definition of “the Monitoring and Reporting Regulation”, insert—

““the Monitoring and Reporting Regulation 2018” means Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, as amended from time to time(3);”;

(i)in the definition of “permit”, in paragraph (b), for “excluded” substitute “Article 27”;

(j)in the definition of “sub-installation” for “Article 3(b)” to the end substitute “Article 2, points (2), (3), (5), (6), and (10) and Article 10 of the Free Allocation Regulation”;

(k)in the definition of “trading period”—

(i)in the words before paragraph (a), omit “eight-year”; and

(ii)in paragraph (b), for “eight” substitute “ten”;

(l)for the definition of “the Verification Regulation”, substitute—

““the Verification Regulation 2018” means 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(4);”;

(m)in the definition of “written procedures”, at the end, insert “2018”.

(3) In paragraph (2)—

(a)in sub-paragraph (b), after “an installation”, insert “that is not an Article 27a installation”;

(b)after sub-paragraph (b)—

(i)omit “and”;

(ii)insert—

“(ba)an Article 27a installation has ceased operation, the operator is the person who had control over its operation immediately before the installation ceased operation; and”.