Statutory Instruments
2018 No. 1093
Exiting The European Union
Electricity
The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018
Sift requirements satisfied
12th September 2018
Made
16th October 2018
Laid before Parliament
17th October 2018
Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018( 1 ).
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
Citation and commencement
1. —(1) These Regulations may be cited as the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) (Amendment) (EU Exit) Regulations 2018.
(2) These Regulations come into force on exit day.
Amendment of Regulations
2. —(1)Schedule 1 (which amends the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003( 2 )) has effect.
(2)Schedule 2 (which amends the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003( 3 )) has effect.
Claire Perry
Minister of State for Energy and Clean Growth
Department for Business, Energy and Industrial Strategy
16th October 2018
Regulation 2(1)
SCHEDULE 1 Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003
Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 amended
1. The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003 are amended in accordance with paragraphs 2 to 4.
Regulation 2 amended (interpretation)
2. —(1) Regulation 2 is amended as follows.
(2) In paragraph (1)—
(a) for the definition of “guarantee of origin” substitute—
“ “guarantee of origin” means, except in relation to regulation 9(2) to (5) and (so far as it relates to guarantees of origin issued in a member State or Northern Ireland) regulation 9(6), a certificate issued by the Authority certifying that the electricity in respect of which the certificate is issued was electricity produced from renewable energy sources; ” ;
(b) for the definition of “Non-Great Britain authority” substitute—
“ “non-Great Britain authority” means—
a member State; or
a body or person in Northern Ireland or in a member State corresponding to a competent authority; ” ;
(c) for the definition of “recognise” substitute—
“ “recognise”, in relation to a guarantee of origin, means recognise as proof of the elements referred to in paragraphs 1 and 6(a) to (f) of Article 15 of the Directive ( 4 ) ; ” .
Regulation 4 amended (request for issue of guarantees of origin and information required)
3. —(1) Regulation 4 is amended as follows.
(2) In paragraph (5)(b) for “another Member State” substitute “a member State”.
Regulation 9 amended (recognition of guarantees of origin)
4. —(1) Regulation 9 is amended as follows.
(2) For paragraph (2) substitute—
“ (2) Subject to paragraph (3), a competent authority shall recognise—
(a) a guarantee of origin issued in a member State in accordance with Article 15(2) of the Directive; and
(b) a guarantee of origin issued in Northern Ireland in accordance with the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003. ” .
(3) In paragraph (3) for “another Member State” substitute “a member State”.
(4) In paragraph (5) for “another Member State” substitute “a member State”.
(5) In paragraph (6) for “another Member State” substitute “a member State”.
(6) Omit paragraph (7).
Regulation 2(2)
SCHEDULE 2 Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003
Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 amended
1. The Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations (Northern Ireland) 2003 are amended in accordance with paragraphs 2 to 4.
Regulation 2 amended (interpretation)
2. —(1) Regulation 2 is amended as follows.
(2) In paragraph (1)—
(a) for the definition of “guarantee of origin” substitute—
“ “guarantee of origin” means, except in relation to regulation 9(2) to (5) and (so far as it relates to guarantees of origin issued in a member State or Great Britain) regulation 9(6), a certificate issued by the Authority certifying that the electricity in respect of which the certificate is issued was electricity produced from renewable energy sources; ” ;
(b) for the definition of “non-Northern Ireland authority” substitute—
“ “non-Northern Ireland authority” means—
a member State; or
a body or person in Great Britain or in a member State corresponding to a competent authority; ” ;
(c) for the definition of “recognise” substitute—
“ “recognise”, in relation to a guarantee of origin, means recognise as proof of the elements referred to in paragraphs 1 and 6(a) to (f) of Article 15 of the Directive; ” .
Regulation 4 amended (request for issue of guarantees of origin and information required)
3. —(1) Regulation 4 is amended as follows.
(2) In paragraph (5)(b) for “another Member State” substitute “a member State”.
Regulation 9 amended (recognition of guarantees of origin)
4. —(1) Regulation 9 is amended as follows.
(2) For paragraph (2) substitute—
“ (2) Subject to paragraph (3), a competent authority shall recognise—
(a) a guarantee of origin issued in a member State in accordance with Article 15(2) of the Directive; and
(b) a guarantee of origin issued in Great Britain in accordance with the Electricity (Guarantees of Origin of Electricity Produced from Renewable Energy Sources) Regulations 2003. ” .
(3) In paragraph (3) for “another Member State” substitute “a member State”.
(4) In paragraph (5) for “another Member State” substitute “a member State”.
(5) In paragraph (6) for “another Member State” substitute “a member State”.
(6) Omit paragraph (7).
S.I. 2003/2562 , amended by S.I. 2010/2715 and 2011/1043 .
S.R. 2003 No. 470 , amended by S.R. 2010 No. 374 and S.I. 2011/1043 ; there are other amending instruments, but none is relevant.
Directive 2009/28/EC of the European Parliament and of the Council of 23rd April 2009 on the promotion of the use of energy from renewable sources, O.J. No. L 140, 5.6.2009, p.16. The Directive has been amended, but the amendments are not relevant to these Regulations.