The Storage of Carbon Dioxide (Licensing etc.) (EU Exit) (Scotland) (Amendment) Regulations 2021

Amendment of the Storage of Carbon Dioxide (Licensing etc.) (Scotland) Regulations 2011

3.  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 2008(1) 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 2009(2),”,

(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,”, and

(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,”, and

(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”.”.

(1)

2008 c. 27.

(2)

2009 asp 12, to which there are amendments not relevant to these Regulations.