2021 No. 354
The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 20181 and all other powers enabling them to do so.
Citation and commencementI11
These Regulations may be cited as the Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021 and come into force on 1 December 2021.
Amendment of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011I92
The Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 20112 are amended in accordance with regulations 3 to 9.
I23
In regulation 1 (citation, commencement and interpretation)—
a
in paragraph (2)—
i
at the end of sub-paragraph (a) omit “and”, and
ii
omit sub-paragraph (b),
b
in paragraph (3)—
i
after the definition of “the authority” insert—
“climate change legislation” means—
- a
legislation which before IP completion day implemented the ETS Directive, or
- b
legislation made under Part 3 of the Climate Change Act 20083 on or after IP completion day, which imposes obligations similar to obligations which existed immediately before IP completion day under legislation which implemented the ETS Directive,
ii
in the definition of “the Directive”, at the end insert “, as it had effect immediately before IP completion day”,
iii
after the definition of “the Directive” insert—
“emissions” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 17 of the Climate Change (Scotland) Act 20094,
iv
in the definition of “the Environmental Liability Directive”, at the end insert “, as it had effect immediately before IP completion day”,
v
in the definition of “the ETS Directive”, at the end insert “, as it had effect immediately before IP completion day”,
vi
after the definition of “general exploration licence” insert—
“greenhouse gas” (except in the definitions of “the ETS Directive” and “Monitoring Regulation”) has the meaning given by section 10 of the Climate Change (Scotland) Act 2009,
vii
after the definition of “monitoring plan” insert—
“Monitoring Regulation” means Commission Regulation (EU) No 601/2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council,
c
after paragraph (4) insert—
5
In these Regulations, for the purposes of any reference to Annex II to the Directive, Article 13(2) of the Directive shall be read as if for the words “guidelines established pursuant to Article 14 and Article 23(2) of Directive 2003/87/EC” there were substituted “Monitoring Regulation”.
I34
In regulation 6 (applications for a storage permit)—
a
in paragraph (3)—
i
in sub-paragraph (e), for the words after “under” substitute “the Monitoring Regulation”,
ii
in sub-paragraph (h), for “implementing” substitute “which before IP completion day implemented”, and
b
omit paragraph (4).
I45
In regulation 7 (grant of storage permits)—
a
in paragraph (1)(b)—
i
for “territories” substitute “territory”,
ii
for “member States” substitute “United Kingdom or another state which is party to an agreement with the United Kingdom concerning cross-boundary cooperation in relation to the complex”,
b
in paragraph (2), for “member State” substitute “state”, and
c
omit paragraph (7).
I56
In regulation 11(4) (consequences of revocation of a storage permit)—
a
for sub-paragraph (d) substitute—
d
in relation to the offset of emissions which are leakage under climate change legislation (if any), and
b
in sub-paragraph (e), after “under” insert “legislation which before IP completion day implemented”.
I67
In regulation 13(5) (post-closure obligations)—
a
in sub-paragraph (a), for “implementing” substitute “which before IP completion day implemented”, and
b
for sub-paragraph (b) substitute—
b
relating to the offset of emissions which are leakage under climate change legislation (if any).
I7F18
In paragraph 5(2) (interpretation) of schedule 1 (provisions to be included in a licence), after “Regulation (EC) No 1013/2006” insert “as that Directive had effect immediately before IP completion day”.
I89
In schedule 2 (provisions to be included in a storage permit)—
a
in paragraph 3(7) (reporting and notification of leakages and significant irregularities)—
i
after “to” insert “emissions from”, and
ii
for “legislation implementing the ETS Directive” substitute “climate change legislation”, and
b
in paragraph 7(5)(c) (financial security), for “legislation implementing the ETS Directive” substitute “climate change legislation”.
(This note is not part of the Regulations)