Statutory Instruments
2017 No. 1207
Climate Change
The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017
Made
5th December 2017
Laid before Parliament
6th December 2017
Coming into force
27th December 2017
The Secretary of State is a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to the environment.
In accordance with section 2(4) of the Pollution Prevention and Control Act 1999(“the 1999 Act”)( 3 ), the Secretary of State has consulted the Environment Agency, the Natural Resources Body for Wales, the Scottish Environment Protection Agency, and such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses, and such other bodies and persons, as the Secretary of State considers appropriate.
Accordingly, the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of and Schedule 1 to the 1999 Act, and by section 2(2) of the European Communities Act 1972, makes the following Regulations( 4 ):
Citation and commencement
1. These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017 and come into force on 27th December 2017.
Amendments to the Greenhouse Gas Emissions Trading Scheme Regulations 2012
2. —(1)The Greenhouse Gas Emissions Trading Scheme Regulations 2012( 5 ) are amended in accordance with paragraphs (2) to (6).
(2) For regulation 35(4), substitute—
“ (4) Subject to paragraphs (6) to (8), the report prepared under paragraph (3) must be submitted to the regulator—
(a) for the scheme year 2018, by 11th March 2019; or
(b) for any other scheme year, by 31st March in the year following that scheme year. ” .
(3) For regulation 42A(2), substitute—
“ (2) Subject to paragraph (3) and regulation 42B, for each scheme year beginning with 2015, A must surrender a number of allowances or aviation allowances equal to A’s annual reportable emissions in that scheme year by—
(a) for the scheme year 2018, 15th March 2019; or
(b) for any other scheme year, the following 30th April. ” .
(4) For regulation 54(7)(b), substitute—
“ (b) “relevant date” means—
(i) if the scheme year mentioned in paragraph (4) is the scheme year 2018, 15th March 2019; or
(ii) if the scheme year mentioned in paragraph (4) is any other scheme year, 30th April in the year following that scheme year; ” .
(5) For paragraph 2(3)(b) of Schedule 4, substitute—
“ (b) a requirement to prepare, for each scheme year, a verified report of those emissions in accordance with the Monitoring and Reporting Regulation and the Verification Regulation and to submit that report to the regulator—
(i) for the scheme year 2018, by 11th March 2019; or
(ii) for any other scheme year, by 31st March in the following year; ” .
(6) For paragraph 2(4) of Schedule 4, substitute—
“ (4) The surrender requirements are conditions obliging the operator to surrender a number of allowances equal to the annual reportable emissions of the installation in a scheme year by—
(a) for the scheme year 2018, 15th March 2019; or
(b) for any other scheme year, the following 30th April. ” .
Claire Perry
Minister of State for Climate Change and Industry
Department for Business, Energy and Industrial Strategy
5th December 2017
1972 c. 68 ; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7) .
1999 c. 24 ; section 2(4) was amended by paragraph 395 of Schedule 2 to the Natural Resources Body for Wales (Functions) Order 2013 ( S.I. 2013/755 (W. 90) ).
Under section 57 of the Scotland Act 1998 (c. 46) , despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under EU law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32) , despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.
S.I. 2012/3038 ; relevant amending instruments are S.I. 2013/3135 , S.I. 2014/3125 and S.I. 2015/1849 .