The Carbon Accounting Regulations 2009

Interpretation

2.—(1) In these Regulations—

“assigned amount unit” means a unit issued—

(a)

under Article 7(3) of Decision No 280/2004/EC(1) of the European Parliament and of the Council concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol; or

(b)

by a party to the Kyoto Protocol which is not subject to that Decision;

“credit account” has the meaning given by regulation 4(1);

“the Emissions Trading Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(2);

“the EU ETS” means the European Union Emissions Trading Scheme established under the Emissions Trading Directive as implemented by the Greenhouse Gas Emissions Trading Scheme Regulations 2005(3);

“European Union allowance” means an assigned amount unit converted into an allowance for the purposes of the EU ETS in accordance with Article 45 of the Registries Regulation;

“the Kyoto Protocol” means the Kyoto Protocol to the UNFCCC signed at Kyoto on 11th December 1997;

“the Registries Regulation” means Commission Regulation (EC) No 2216/2004 for a standardised and secured system of registries pursuant to Directive 2003/87/EC of the European Parliament and of the Council and Decision No 280/2004/EC of the European Parliament and of the Council(4);

“the registry administrator” means the Environment Agency, being the body appointed as the registry administrator for the UK registry for the purposes of the Registries Regulation;

“the relevant share of the UK assigned amount” means the amount of the UK assigned amount which is attributable to UK emissions;

“removal unit” means a unit issued under Article 3 of the Kyoto Protocol;

“the UK assigned amount” means 3,412,080,630 tonnes of carbon dioxide equivalent, being the assigned amount for the United Kingdom in the Annex to Commission Decision 2006/944/EC(5) determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC;

“the UK registry” means the registry established for the United Kingdom in accordance with the Registries Regulation; and

“the UNFCCC” means the United Nations Framework Convention on Climate Change signed at New York on 9th May 1992.

(2) In these Regulations “cancellation” of a carbon unit means voluntary cancellation in accordance with the Registries Regulation; and a unit is “cancelled” if the Secretary of State instructs the registry administrator to transfer it to the account known as the “National Cancellation Account” in the UK registry.

(3) In these Regulations “operator” and “installation” have the meanings given by regulation 2 of the Greenhouse Gas Emissions Trading Scheme Regulations 2005, and “surrender” means surrender in accordance with regulation 10(3) of those Regulations.

(1)

O.J. No. L 49, 19.2.2004, p. 1.

(2)

O.J. No. L 275, 25.10.2003, p. 32; amended by Directive 2004/101/EC, O.J. No. L 338, 13.11.2004, p. 18.

(3)

S.I. 2005/925; amended by S.I. 2005/2903, 2006/737, 2007/465, 2007/1096, 2007/3433 and 2007/3538.

(4)

O.J. No. L 386, 29.12.2004, p. 1; amended by Commission Regulation (EC) No 916/2007, O.J. No. L 200, 1.8.2007, p. 5.

(5)

O.J. No. L 358, 16.12.2006, p. 87.