The Carbon Accounting (Provision for 2019) Regulations 2021

Citation and commencement

1.  These Regulations may be cited as the Carbon Accounting (Provision for 2019) Regulations 2021 and come into force on 24th March 2021.

Interpretation

2.—(1) In these Regulations—

“the 2009 Regulations” means the Carbon Accounting Regulations 2009(1);

“aerodrome” has the same meaning as in article 4(4) of the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 2009(2);

“the domestic aviation cap” means the figure produced as a result of carrying out the calculation set out in paragraph 2 of the Schedule to these Regulations;

“domestic aviation emissions” means the emissions of carbon dioxide arising from any aircraft during taking off, flying and landing when the aerodrome from which the aircraft takes off and the aerodrome at which the aircraft next lands are both located in the United Kingdom.

(2) In calculating domestic aviation emissions and the domestic aviation cap, the Secretary of State must use such data about aviation emissions as appear to the Secretary of State to be the best available data.

Crediting and debiting of carbon units as a result of the operation of the EU Emissions Trading Scheme in respect of installations during 2019

3.  If, in accordance with the Greenhouse Gas Emissions Trading Scheme Regulations 2012(3), the amount of carbon units surrendered by operators of installations(4) in the United Kingdom in respect of 2019 was—

(a) greater than 104,424,206, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2019;

(b) less than 104,424,206, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2019.

Crediting and debiting of carbon units to take into account domestic aviation emissions during 2019

4.  If domestic aviation emissions in 2019 were—

(a) greater than the domestic aviation cap, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2019;

(b) less than the domestic aviation cap, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2019.

Duty to cancel carbon units credited to the net UK carbon account in respect of 2019

5.—(1) The Secretary of State must, during a period beginning on 1st January 2023 and ending on 15th May 2024, ensure that each carbon unit credited to the net UK carbon account in respect of 2019 under regulation 5 of the 2009 Regulations is cancelled.

(2) A carbon unit is cancelled for the purpose of this regulation if an operation is performed in relation to it equivalent to the operation of cancellation or deletion under Commission Regulation (EU) No 389/2013 of 2 May 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 1193/2011, as it had effect immediately before IP completion day(5).

Amendments to the Carbon Accounting Regulations 2009

6.—(1) The 2009 Regulations are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), in the definition of “the EU ETS”, after “Regulations 2005”, insert “or, as the case may be, the Greenhouse Gas Emissions Trading Scheme Regulations 2012”;

(b) in paragraph (2), after “these Regulations”, insert “, except in regulation 9(6),”.

(3) In regulation 9—

(a) in paragraph (1), for the words from “these Regulations” to the end, substitute “carbon accounting legislation”;

(b) in paragraph (3), for the words from “in accordance with” to “Regulations 2020”, substitute “following a calculation performed under carbon accounting legislation to account for the operation of the EU ETS, including where carbon accounting legislation requires such a calculation in relation to domestic aviation emissions”;

(c) in paragraph (6), for the words from “regulation 5 of the Carbon Accounting (2013-2017 Budgetary Period) Regulations 2015” to “Regulations 2020”, substitute “a provision of carbon accounting legislation, other than regulation 8 of these Regulations”;

(d) after paragraph (6), insert—

“(7) In this regulation, “carbon accounting legislation” means any of the following—

(a) these Regulations;

(b) the Carbon Accounting (2013-2017 Budgetary Period) Regulations 2015(6);

(c) the Carbon Accounting (Provision for 2018) Regulations 2020(7);

(d) the Carbon Accounting (Provision for 2019) Regulations 2021.”.

Anne-Marie Trevelyan

Minister of State for Energy and Clean Growth

Department for Business, Energy and Industrial Strategy

24th February 2021