PART 2Amendments to the Environment Act 1995

Section 41A5

1

Section 41A (charges in respect of greenhouse gas emissions permits etc)7 is amended as follows.

2

In the heading, for “greenhouse gas emissions permits etc: supplementary” substitute “the EU greenhouse gas emissions trading scheme”.

3

For subsection (1) substitute—

1

Each of the new Agencies may require the payment to it of such charges as may from time to time be prescribed—

a

as a means of recovering costs incurred by it in performing functions conferred under or by virtue of regulations made for the purpose of implementing the EU ETS Directive;

b

in respect of—

i

an application to open an account that, under the Registries Regulation 2011, is required to be held in a trading scheme registry;

ii

the subsistence of such an account;

iii

the updating of information provided to the Agency in relation to such an account;

and in this section “prescribed” means specified in, or determined under, a scheme (in this section referred to as a “charging scheme”) made under this section by the new Agency in question.

1A

A charging scheme may—

a

make different provision for different cases, including different provision in relation to different persons, circumstances or localities;

b

provide for the times at which, and the manner in which, the charges prescribed by the scheme are to be paid;

c

revoke or amend any previous charging scheme;

d

contain supplemental, incidental, consequential or transitional provision for the purposes of the scheme.

1B

A charging scheme must specify, in relation to any charge prescribed by the scheme, the description of person who is liable to pay the charge.

1C

A new Agency may not make a charging scheme unless the provisions of the scheme have been approved by the Secretary of State or the Scottish Ministers under section 42.

4

In subsection (2)—

a

for “operator registry charges or aircraft operator registry charges” substitute “charges under subsection (1)(b)”; and

b

for “under section 42(2) below” substitute “or the Scottish Ministers under section 42”.

5

In subsection (5), for “operator registry charges and any aircraft operator charges” substitute “charges under subsection (1)(b)”.

6

For subsection (6)(a) substitute—

a

an application to open an account in a trading scheme registry, other than one that under the Registries Regulation 2011 is required to be held in that registry;

7

For subsection (7) substitute—

7

In this section—

  • “the Registries Regulation 2011” means Commission Regulation (EU) No 1193/2011 establishing a Union Registry for the trading period commencing on 1 January 2013, and subsequent trading periods, of the Union emissions trading scheme pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council8, as amended from time to time;

  • “trading scheme registry” means—

    1. a

      any registry operated by the Agency for the purpose of meeting the obligations of the United Kingdom referred to in Article 3(1) of Commission Regulation (EU) No 920/2010 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council9; or

    2. b

      the registry established by Article 4(1) of the Registries Regulation 2011.