The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

Amendment of Article 3

68.  In Article 3—

(a) in the first subparagraph omit “Article 3 of Directive 2003/87/EC and”;

(b) before paragraph (1), insert—

“(A1) ‘the 2012 Regulations’ means the Greenhouse Gas Emissions Trading Scheme Regulations 2012;”;

(c) in paragraph (2), for “harmonised standards, within the meaning of point 9 of Article 2 of Regulation (EC) No 765/2008” substitute “EN ISO 14065:2013(1)”;

(d) in paragraph (3), omit the words from “without prejudice” to the end;

(e) after paragraph (4), insert—

“(4a) ‘aircraft operator’ means the person who operates an aircraft at the time it performs an aviation activity or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft;

(4b) ‘emissions’ means the release of carbon dioxide gas into the atmosphere in relation to aviation activities and the release of greenhouse gas emissions specified in relation to the activities, other than aviation, listed in Annex I to Directive 2003/87/EC;”;

(f) in paragraph (6), for “Article 14(3) of Directive 2003/87/EC” to the end, substitute “regulation 35(4) and Schedule 4 paragraph 2(1)(e)(ii) of the 2012 Regulations;”;

(g) after paragraph (6), insert—

“(6a) ‘authority’ has the same meaning as in the 2012 Regulations;

(6b) ‘greenhouse gas emissions permit’ has the same meaning as in the 2012 Regulations;

(6c) ‘aviation activity’ has the same meaning as in the 2012 Regulations;”;

(h) after paragraph (11), insert—

“(11a) ‘the CCS licensing regime’ means Chapter 3 of Part 1 of the Energy Act 2008 and other domestic legislation which immediately before exit day implemented Directive 2009/31/EC;”.

(1)

ISO 14065:2013 specifies principles and requirements for bodies that undertake validation or verification of greenhouse gas (GHG) assertions, available at: https://www.iso.org/standard/60168.html. Copy available for inspection at the Department for Business, Energy & Industrial Strategy.