Amendment of the Carbon Accounting Scheme (Scotland) Regulations 20102

1

The Carbon Accounting Scheme (Scotland) Regulations 20104 are amended in accordance with paragraphs (2), (3) and (4).

2

In regulation 2 (interpretation)—

a

in the definition of “cancellation”, for “national cancellation account” substitute “Voluntary Cancellation Account”5; and

b

for the definition of “Registries Regulation” substitute—

  • “Registries Regulation” means Commission Regulation (EU) No 389/2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/20116;

3

After regulation 8 (credits and debits in connection with the EU ETS) insert—

8A

1

The Scottish Ministers shall in respect of 2013 calculate whether any carbon unit is to be credited to or debited from the net Scottish emissions account as a result of the operation of the EU ETS.

2

The calculation under this regulation must be performed by 30th June 2015.

3

The Scottish Ministers, when carrying out the calculation mentioned in paragraph (1), must determine—

a

for aviation activities, whether the amount of emissions in respect of Scotland from aviation activities in the relevant period for 2013 is more or less than the aviation cap; and

b

for other activities, whether the amount of carbon units surrendered in respect of Scotland as a result of the operation of the EU ETS in the relevant period for 2013 is more or less than the fixed installation cap.

4

Where the figure for emissions from aviation activities in respect of Scotland in the 2013 national inventory is—

a

more than the aviation cap, an amount of carbon units equal to the excess is to be credited to the net Scottish emissions account for 2013; or

b

less than the aviation cap, an amount of carbon units equal to the shortfall is to be debited from the net Scottish emissions account for 2013.

5

Where the amount of carbon units surrendered in 2013 in respect of other activities is—

a

more than the fixed installation cap for 2013, an amount of carbon units equal to the excess is to be credited to the net Scottish emissions account for 2013; or

b

less than the fixed installation cap for 2013, an amount of carbon units equal to the shortfall is to be debited from the net Scottish emissions account for 2013.

6

In this regulation—

  • “2013 national inventory” means the “2013 UK Greenhouse Gas Emissions, Final Figures” as published by the Department of Energy and Climate Change on 3rd February 20157;

  • “Annex I” means Annex I of Directive 2003/87 of the European Parliament and of the Council of 13th October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC8;

  • “aviation activity” means an aviation activity listed in Annex I;

  • “aviation cap” means the sum of the domestic aviation cap plus the international aviation cap;

  • “domestic aviation cap” means 443,255;

  • “fixed installation cap” means 16,325,296;

  • “international aviation cap” means 921,758;

  • “other activities” means activities listed in Annex I other than aviation activity; and

  • “relevant period” means for 2013, the 16 months preceding 1st May 2014.

4

In regulation 9 (register of transactions), after paragraph (3) insert—

4

In relation to carbon units to be credited or debited under regulation 8A, the register must contain details of the—

a

date on which the calculation under regulation 8A(1) was performed;

b

date of surrender;

c

figures used in that calculation; and

d

amount of units credited to or debited from the net Scottish emissions account.