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.