[F18E.—(1) The Scottish Ministers must in respect of 2017 calculate whether an amount of carbon units is to be credited to or debited from the net Scottish emissions account as a result of the operation of the EU ETS.S

(2) The calculation must be performed by 30 June 2019.

(3) The Scottish Ministers, when carrying out the calculation, must determine—

(a)whether the amount of emissions in respect of Scotland from aviation activities in 2017 is more or less than the aviation cap, and

(b)whether the amount of carbon units surrendered in respect of other activities in Scotland as a result of the operation of the EUETS in the relevant period for 2017 is more or less than the fixed installation cap.

(4) If the amount of emissions in respect of Scotland from aviation activities in 2017 is—

(a)more than the aviation cap, an amount of carbon units equal to the excess must be credited to the net Scottish emissions account for 2017, or

(b)less than the aviation cap, an amount of carbon units equal to the shortfall must be debited from the net Scottish emissions account for 2017.

(5) If the amount of carbon units surrendered in respect of other activities in Scotland as a result of the operation of the EUETS in the relevant period for 2017 is—

(a)more than the fixed installation cap, an amount of carbon units equal to the excess must be credited to the net Scottish emissions account for 2017, or

(b)less than the fixed installation cap, an amount of carbon units equal to the shortfall must be debited from the net Scottish emissions account for 2017.

(6) In this regulation—

“aviation activities” means aviation activities listed in Annex I,

“aviation cap” means 1,365,013 tonnes of carbon dioxide equivalent,

“fixed installation cap” means 15,642,605 tonnes of carbon dioxide equivalent,

“other activities” means activities listed in Annex I other than aviation activities, and

“relevant period” means for 2017, the 16 months preceding 1 May 2018.]

Textual Amendments