Amendment of regulation 3I23

1

Regulation 3 is amended as follows.

2

In paragraph (1)—

I3I5a

after the definition of “allocation”, insert—

“allocation period” means—

a

the period which begins with 1st January 2021 and ends with 31st December 2025 (“the first allocation period”);

b

the period which begins with 1st January 2026 and ends with 31st December 2030 (“the second allocation period”);

b

after the definition of “annual reportable emissions”, insert—

“Article 27 installation” means an installation of the kind described in regulation 15(A1);

“Article 27a installation” means an installation of the kind described in regulation 15A(1);

“Article 27 installation emissions permit” means a permit which—

a

is granted following an application under regulation 10(2); or

b

results from a variation made under regulation 88 or paragraph 2 of Schedule 5;

c

for the definition of “change of status notice”M1 substitute—

“change of status notice” means a notice under—

a

paragraph 8(1) or 8(4) of Schedule 5 that an installation will cease to be treated as an Article 27 installation;

b

paragraph 5(1) of Schedule 5A, that an installation will cease to be treated as an Article 27a installation;

I4I6d

after the definition of “emissions”, insert—

“emissions target”, in relation to a scheme year, means an amount of reportable emissions specified in an Article 27 installation emissions permit as the target for that excluded installation in that year;

e

for the definition of “excluded installation” substitute—

“excluded installation” means—

a

an Article 27 installation; or

b

an Article 27a installation;

f

omit the definition of “excluded installation emissions permit”;

I1g

after the definition of “the Free Allocation Decision”, insert—

“the Free Allocation Regulation” means Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council, as amended from time to time M2;

h

after the definition of “the Monitoring and Reporting Regulation”, insert—

“the Monitoring and Reporting Regulation 2018” means Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012, as amended from time to time M3;

i

in the definition of “permit”, in paragraph (b), for “excluded” substitute “ Article 27 ”;

F1j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

k

in the definition of “trading period”—

i

in the words before paragraph (a), omit “eight-year”; and

ii

in paragraph (b), for “eight” substitute “ ten ”;

I1l

for the definition of “the Verification Regulation”, substitute—

“the Verification Regulation 2018” means Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council, as amended from time to time M4;

m

in the definition of “written procedures”, at the end, insert “ 2018 ”.

3

In paragraph (2)—

a

in sub-paragraph (b), after “an installation”, insert “ that is not an Article 27a installation ”;

b

after sub-paragraph (b)—

i

omit “and”;

ii

insert—

ba

an Article 27a installation has ceased operation, the operator is the person who had control over its operation immediately before the installation ceased operation; and