PART 4 U.K.Amendments to retained direct EU legislation

Amendment of Commission Decision 2008/952/EC U.K.

5.—(1) Commission Decision 2008/952/EC of 19 November 2008 establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council is amended as follows.

(2) In Article 1, for “Annex II to Directive 2004/8/EC”, substitute “ Schedule 4 to the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 or the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (as applicable) ”M1 .

(3) Omit Article 2.

(4) In Section 1 of the Annex—

(a) in paragraph 3, for “each Member State as referred to in Article 5(2) of Directive 2004/8/EC”, substitute “ in respect of Great Britain, the Secretary of State, and in respect of Northern Ireland, the Department for the Economy ”;

(b) in paragraph 5.6, for “in Article 3(b) and 3(c) of Directive 2004/8/EC”, substitute “of ‘useful heat’ and ‘economically justifiable demand’ in regulation 2 of the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 or the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (as applicable)”;

(c) in paragraph 5.7, for “the Member States practices”, substitute “ practice in the United Kingdom ”;

(d) in paragraph 6.1, for “Annex II of the Directive”, substitute “ Schedule 4 to the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 or the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (as applicable) ”M2 ;

(e) in paragraph 6.2, for “Annex III point (b) to Directive 2004/8/EC”, substitute “ paragraph 3 of Schedule 3 to the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 or the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (as applicable) ”;

(f) in paragraph 8.1, for “Annex II to Directive 2004/8/EC”, substitute “ paragraph 1 of Schedule 4 to the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 or the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008 (as applicable) ”;

(g) in paragraph 8.2, for “each Member State as referred to in Article 5 of the Directive”, substitute “ in respect of Great Britain, the Secretary of State, and in respect of Northern Ireland, the Department for the Economy ”.

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M1 Schedule 3 is inserted into each of the respective Regulations by regulation 2(6) and 3(7) of these Regulations.

M2 Schedule 4 is inserted into each of the respective Regulations by regulation 2(6) and 3(7) of these Regulations.