The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

Amendment of regulation 3

3.—(1) In regulation 3(1)—

(a) in the definition of “authority”, omit paragraph (d);

(b) in the definition of “allowance”, omit “82(1)”;

(c) for the definition of “aviation activity” substitute—

““aviation activity” means an activity listed in the table in Annex 1 to the Directive under the section titled ‘Aviation’, excluding the activities listed under points (a) to (k) of that section, and for the purposes of this definition, that section is to be read as if —

(a)

for “territory of a Member State to which the Treaty applies” there were substituted “territory of a Member State to which the Treaty applies or the United Kingdom or Gibraltar”;

(b)

in point (a) and in point (j), for “a Member State” there were substituted “a Member State or the United Kingdom; and

(c)

in point (k), for “1 January 2013” there were substituted “1 January 2015”;”;

(d) omit the definition of “banned non-UK operator”;

(e) in the definition of “change of status notice”, for “, 8(4) or 9(1)” substitute “or 8(4)”;

(f) in the definition of “the Directive”, omit “and as adapted by Annex 20 to the EEA agreement”;

(g) in the definition of “excluded installation”—

(i) for “which is” substitute “which was”;

(ii) before “deemed” insert “, before exit day,”;

(iii) omit “or paragraph 9(1)”;

(h) in the definition of “the Free Allocation Decision”, at the end insert “as it had effect immediately before exit day”;

(i) at the end of the definition of “installation”, insert “, and for the purposes of this definition, Annex 1 to the Directive is to be read as if for “in a storage site permitted under Directive 2009/31/EC(1)” in each place in which those words occur, there were substituted “in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008(2) or other domestic legislation which immediately before exit day implemented Directive 2009/31/EC””;

(j) after the definition of “KP registry administrator” insert—

““Kyoto Units” means assigned amount units, emission reduction units, certified emission reductions and removal units for the purposes of the Kyoto Protocol;”;

(k) in the definition of “regulated activity”, after paragraph (b) insert “and for the purposes of this definition, Annex 1 to the Directive is to be read as if “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur, there were substituted “in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 or other domestic legislation which immediately before exit day implemented Directive 2009/31/EC””;

(l) in the definition of “regulator”, omit paragraph (d);

(m) at the end of the definition of “specified emissions”, insert “and for the purposes of this definition, that Annex is to be read as if for “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur, there were substituted “in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 or other domestic legislation which immediately before exit day implemented Directive 2009/31/EC””;

(n) in the definition of “the UK Registry”, at the end insert “and on or after exit day for the purpose of ensuring the accurate accounting of Kyoto units”.

(2) In regulation 3(4) for sub-paragraph (b) substitute—

“(b) an installation that, if it was situated in a Member State, by virtue of Article 10a(3) of the Directive, would not be eligible for an allocation.”.

(1)

Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006.

(2)

2008 c. 32.