2023 No. 577
Climate Change

The Carbon Accounting (Determination of Excess UK Assigned Amount Units) Regulations 2023

Made
Laid before Parliament
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 27(3) and (5) and 90(3)(a) of the Climate Change Act 20081.

Before making these Regulations, the Secretary of State has consulted with the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in accordance with section 28(4)(b) of that Act.

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Carbon Accounting (Determination of Excess UK Assigned Amount Units) Regulations 2023 and come into force on 1st July 2023.

(2)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

Interpretation2.

In these Regulations—

“assigned amount” means the maximum allowable level of emissions of the United Kingdom for the second commitment period, calculated pursuant to its quantified emission limitation and reduction commitment in accordance with the Kyoto Protocol;

“UK assigned amount unit” means a unit allocated to the United Kingdom pursuant to the Kyoto Protocol for the purpose of determining compliance by the United Kingdom with its obligation during the second commitment period not to exceed its assigned amount;

“the Kyoto Protocol” means the protocol to the United Nations Framework Convention on Climate Change signed at New York on 9th May 1992, signed at Kyoto on 11th December 1997 and amended by the Doha Amendment, signed at Doha on 8th December 20122;

“the second commitment period” means the second quantified emission limitation and reduction commitment period from 2013 to 2020 as adopted under the Kyoto Protocol.

Determination of excess UK assigned amount units3.

(1)

The Secretary of State must as soon as is practicable after 31st March 2024—

(a)

determine whether the assigned amount is greater than the sum of—

(i)

the carbon budget3 for the 2013–2017 budgetary period4; and

(ii)

that part of the carbon budget for the 2018–2022 budgetary period5 which falls within the second commitment period; and

(b)

where the assigned amount under sub-paragraph (a) is greater, calculate the number of UK assigned amount units that represent the excess.

(2)

The calculation under paragraph (1)(b) must be made using the best evidence available to the Secretary of State at the time the calculation is made and must take into account—

(a)

net UK emissions6 as reported in—

(i)

the final statement7 for the carbon budget for the 2013-2017 budgetary period;

(ii)

the annual statement8 of UK emissions in respect of 2022 insofar as that statement relates to the second commitment period; and

(b)

net UK emissions as reported to the United Nations Framework Convention on Climate Change in the final accounting report9 for the United Kingdom for the second commitment period.

(3)

The Secretary of State must ensure that UK assigned amount units that represent the excess, as calculated under paragraph (1)(b), are not used to offset greenhouse gas emissions in the United Kingdom or elsewhere.

Graham Stuart
Minister of State for Energy Security and Net Zero
Department for Energy Security and Net Zero
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make provision under section 27(5) of the Climate Change Act 2008 (c. 27) (“the Act”) in respect of 2013 to 2020 for the purposes of Part 1 of the Act.

Regulation 3 requires the Secretary of State to determine whether the assigned amount is greater than the sum of the following carbon budgets as set by the Carbon Budgets Order 2009 (S.I. 2009/1259):

  • the second carbon budget (2013-2017); and

  • that part of the third carbon budget which falls within the second commitment period (2018-2020).

Where the assigned amount is greater, regulation 3 requires the Secretary of State to calculate the number of UK assigned amount units representing the excess. Regulation 3 also sets out what the Secretary of State must take into account when calculating this and requires that UK assigned amount units in excess are not used to offset greenhouse gas emissions in the United Kingdom or elsewhere.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.