The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations transpose parts of Directive 2009/29/EC of the European Parliament and of the Council of 23rd April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (“the Directive”).

The Regulations, which apply in the United Kingdom, give effect to two parts of the Directive. Firstly, the Regulations enable specified greenhouse gas emissions data to be collected. Secondly, the Regulations enable production and other data to be collected for the purpose of enabling the United Kingdom, as it is required to do so by the Directive, to publish and submit to the European Commission its national implementation measures for the third phase of the greenhouse gas emission allowance trading scheme which commences on 1st January 2013.

Regulation 3 contains provisions which require specified operators to submit certain specified emissions data to the regulator by 30th April 2010. The emissions data must be independently verified and must be submitted in accordance with the Monitoring and Reporting Decision, as is required by the Directive. This regulation places an obligation on the Environment Agency to submit all emissions data to the European Commission by 30th June 2010. Also, as is permitted in the Directive, this regulation contains a power which enables the Secretary of State to require the Environment Agency to notify the European Commission of a lower amount of emissions in order to take into account the emission reduction potential of installations which have emitted greenhouse gases other than carbon dioxide.

Regulation 4 contains provisions which require operators to submit production and other data to the regulator by 30th April 2010. This data must be independently verified and must be submitted in accordance with verification standards to be determined by the Secretary of State. This regulation also contains a power under which a regulator may make its own calculation of the data in a case where an operator has failed to submit data or where the data has not been independently verified, and a regulator may recover its costs in carrying out this activity. This regulation applies to operators who are entitled to free allowances under the Directive.

Regulation 5 enables a regulator to serve a notice to an operator requiring the operator to furnish information for the purposes set out in this regulation. The purposes are: (1) the discharge of the regulator’s functions under the Regulations; and (2) enabling national implementation measures to be published in the United Kingdom and submitted to the European Commission by 30th September 2011.

Regulation 6 provides for the imposition of civil penalties. Where an operator does not comply with its obligations under the Regulations it will be liable to a civil penalty under these Regulations.

Regulation 7 makes provision to allow operators to appeal against notices given by the regulator under these Regulations. Schedules 1 and 2 contain provisions relating to the procedure for appeals.

Regulation 8 requires that the agreement of the devolved administrations in Scotland, Wales and Northern Ireland is obtained by the Secretary of State prior to the carrying out of powers under regulations 3(7) and 4(12). This regulation provides that in certain circumstances the Secretary of State may exercise those powers where no agreement has been reached.

Regulation 10 makes provision for the service of notices or other documents under the Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business is available from the Department of Energy and Climate Change’s Climate and Energy: Europe Division (telephone [phone]) and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).