PART 1 Introduction

Citation and commencement

1. These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019 and come into force on the later of exit day or the 21st day after the day on which these Regulations are laid before Parliament.

PART 2 Amendment of the Greenhouse Gas Emissions Trading Scheme Regulations 2012

PART 3 Amendment of the Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

PART 4 Amendment of EU Regulations

Amendment of Commission Implementing Regulation (EU) 2018/2067

7. 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 is amended in accordance with regulations 8 to 61.

Amendment of Article 1

8. In Article 1—

(a) in the first paragraph, for “Directive 2003/87/EC ” substitute “ the 2012 Regulations ” ;

(b) omit the second paragraph.

Amendment of Article 2

9. In Article 2 for the words from “Article 14” to the end, substitute “ regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations ” .

Amendment of Article 3

10. In Article 3—

(a) in the first sentence 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 ” ;

(d) in paragraph (3), omit the words “or a natural person otherwise authorised, without prejudice to Article 5(2) of that Regulation,”;

(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’ has the meaning given in Article 3(b) of Directive 2003/87/EC ; ” ;

(f) in paragraph (7), for the words from “Article 14(3)” to the end, substitute “ regulation 35(4) and paragraph 2(1)(e)(ii) of Schedule 4 to the 2012 Regulations; ” ;

(g) after paragraph (7), insert—

“ (7a) ‘greenhouse gas emissions permit’ has the same meaning as in the 2012 Regulations;

(7b) ‘aviation activity’ has the same meaning as in the 2012 Regulations; ” ;

(h) in paragraph (11), omit the words from “or pursuant to Article 11” to the end;

(i) after paragraph (12), insert—

“ (12a) ‘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 ; ” ;

(j) in paragraph (13), omit point (c);

(k) omit paragraphs (28) and (29).

New Article 3a

11. After Article 3 insert—

“ Article 3a Interpretation

In this Regulation:

(a) references to a national accreditation body are references to the national accreditation body of the United Kingdom appointed in accordance with Article 4(1) of Regulation (EC) No 765/2008 ;

(b) references to Implementing Regulation (EU) 2018/2066 are to be construed as references to Commission Regulation (EU) No 601/2012 and read in accordance with the following correlation table.

Correlation table

Amendment of Article 4

12. In Article 4—

(a) for “the relevant harmonised standards as defined in point (9) of Article 2 of Regulation (EC) No 765/2008 , or parts thereof, the references of which have been published in the Official Journal of the European Union ” substitute “ EN ISO 14065:2013 ” ;

(b) for “the applicable harmonised standards” substitute “ those standards ” .

Amendment of Article 6

13. In Article 6—

(a) in the first paragraph omit “, baseline data report or new entrant data report”;

(b) in the second paragraph omit “or data relevant for free allocation”.

Amendment of Article 7

14. In Article 7—

(a) in paragraph 3, omit “responsible for Directive 2003/87/EC ”;

(b) in paragraph 4,

(i) in the first subparagraph—

(aa) in point (a) omit the words from “or in Annex IV” to the end;

(bb) omit point (c);

(ii) omit the second subparagraph;

(iii) for the third subparagraph, substitute—

“ For the purpose of point (d) of this paragraph, the verifier shall obtain clear and objective evidence from the operator or aircraft operator to support the reported aggregated emissions or tonne-kilometres taking into account all other information provided in the operator's or aircraft operator's report. ” ;

(c) for paragraph 5, substitute—

“ 5. If the verifier discovers that an operator or an aircraft operator is not complying with Implementing Regulation (EU) 2018/2066, that irregularity shall be included in the verification report even if the monitoring plan concerned has been approved by the competent authority. ” ;

(d) in paragraph 6, omit the second subparagraph.

Amendment of Article 9

15. In Article 9(1)—

(a) in point (b) omit “or the monitoring methodology plan, as appropriate”;

(b) in point (e) for “greenhouse gas emissions, tonne-kilometre data or data relevant for free allocation” substitute “ greenhouse gas emissions or tonne-kilometre data ” .

Amendment of Article 10

16. In Article 10(1)—

(a) omit point (c);

(b) in point (e), omit the words from “or Article 11(1)” to “as appropriate,”;

(c) omit point (f);

(d) in point (g), omit “or the monitoring methodology plan,”;

(e) for point (h), substitute—

“ (h) the operator's or aircraft operator's annual emission or tonne-kilometre report, as appropriate; ” ;

(f) omit point (i);

(g) for point (m), substitute—

“ (m) the verification report from the previous year, if the verifier did not carry out the verification for that particular operator or aircraft operator the previous year; ” ;

(h) in point (n), omit “or monitoring methodology plan, as appropriate”;

(i) in point (p)—

(i) for “Directive 2009/31/EC ” substitute “ the CCS licensing regime ” ;

(ii) for “required by that Directive and the reports required by Article 14 of that Directive” substitute “ and reports required by that regime ” .

Amendment of Article 11

17. In Article 11—

(a) in paragraph 3—

(i) for point (c), substitute—

“ (c) the monitoring plan approved by the competent authority as well as the specifics of the monitoring methodology laid down in that monitoring plan; ” ;

(ii) for point (d), substitute—

“ (d) the nature, scale and complexity of emission sources and source streams as well as the equipment and processes that have resulted in emissions or tonne-kilometre data, including the measurement equipment described in the monitoring plan, the origin and application of calculation factors and other primary data sources; ” ;

(b) in paragraph 4—

(i) for point (a), substitute—

“ (a) whether the monitoring plan presented to it is the most recent version approved by the competent authority; ” ;

(ii) in point (b), omit “or of the monitoring methodology plan during the baseline period, as appropriate”;

(iii) in point (c), omit “where applicable,”;

(iv) omit point (d).

Amendment of Article 13

18. In Article 13—

(a) in paragraph 1, for point (c) substitute—

“ (c) a data sampling plan setting out the scope and methods of data sampling related to data points underlying the aggregated emissions in the operator or aircraft operator's emission report or the aggregated tonne-kilometre data in the aircraft operator's tonne-kilometre report. ” ;

(b) in paragraph 2, for “Article 7(4)(b), (c), (d) or the second subparagraph of Article 7(4)” substitute “ Article 7(4)(b) or (d) ” .

Amendment of Article 14

19. In Article 14—

(a) in the first paragraph, omit “or monitoring methodology plan, as appropriate”;

(b) in the second paragraph in point (c), omit “or monitoring methodology plan, as appropriate,”.

Amendment of Article 16

20. In Article 16(2)—

(a) omit “or monitoring methodology plan, as appropriate”;

(b) omit point (b);

(c) for point (c), substitute—

“ (c) for the purposes of verifying an operator's emission report, the completeness of source streams and emission sources as described in the monitoring plan approved by the competent authority; ” ;

(d) in point (d) omit “listed in Annex I to Directive 2003/87/EC ”.

Amendment of Article 17

21. In Article 17—

(a) omit paragraph 3;

(b) in paragraph 4, omit “or transferred N ₂ O is not counted in accordance with Article 50 of that Regulation” and “or N ₂ O transferred”;

(c) omit paragraph 5.

Amendment of Article 18

22. In Article 18, omit paragraph 3.

Amendment of Article 19

23. In Article 19, omit paragraph 3.

Amendment of Article 21

24. In Article 21—

(a) omit paragraph 4;

(b) in paragraph 5, omit “baseline data report or new entrant data report,”.

Amendment of Article 22

25. In Article 22—

(a) in paragraph 1—

(i) for the first subparagraph substitute—

“ If the verifier identifies misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 during the verification, it shall inform the operator or aircraft operator thereof on a timely basis and request relevant corrections. ” ;

(ii) for the third subparagraph substitute—

“ Where a non-compliance with Implementing Regulation (EU) 2018/2066 has been identified, the operator or aircraft operator shall notify the competent authority and correct the non-compliance as appropriate without undue delay. ” ;

(b) for paragraph 2, substitute—

“ The verifier shall document and mark as resolved in the internal verification documentation all misstatements, non-conformities or non-compliance with Implementing Regulation (EU) 2018/2066 that have been corrected by the operator or aircraft operator during the verification. ” ;

(c) in paragraph 3—

(i) in the second subparagraph, for “, tonne-kilometre data or data relevant for free allocation” substitute “ or tonne-kilometre data ” ;

(ii) for the fourth subparagraph substitute—

“ If the operator or aircraft operator does not correct the non-compliance with Implementing Regulation (EU) 2018/2066 in accordance with paragraph 1 before the verifier issues the verification report, the verifier shall assess whether the uncorrected non-compliance has an impact on the reported data and whether this leads to material misstatement. ” .

Amendment of Article 23

26. In Article 23, omit paragraph 4.

Amendment of Article 24

27. In Article 24 in point (c), omit “or monitoring methodology plan, as appropriate”.

Amendment of Article 26

28. For Article 26(1)(c), substitute—

“ (c) sufficient information to support the verification opinion, including justifications for judgments made on whether or not the misstatements identified have material effect on the reported emissions or tonne-kilometre data. ” .

Amendment of Article 27

29. In Article 27—

(a) in paragraph 1—

(i) for “each emission report, tonne-kilometre report, baseline data report or new entrant data report” substitute “ each emission report or tonne-kilometre report ” ;

(ii) omit point (e);

(b) in paragraph 3—

(i) for point (e), substitute—

“ (e) the criteria used to verify the operator's or aircraft operator's report, including the permit, where applicable, and versions of the monitoring plan approved by the competent authority as well as the period of validity for each monitoring plan; ” ;

(ii) omit point (f);

(iii) in point (g) for “per activity referred to in Annex I to Directive 2003/87/EC and per installation or aircraft operator” substitute “ per aviation activity and per aircraft operator or per activity, other than aviation, listed in Annex 1 to Directive 2003/87/EC and per installation ” ;

(iv) omit point (h);

(v) in point (i), omit “or baseline period”;

(vi) for point (o), substitute—

“ (o) any issues of non-compliance with Implementing Regulation (EU) 2018/2066 which have become apparent during the verification; ” ;

(vii) omit points (q) and (r);

(c) in paragraph 4—

(i) for the first sub paragraph, substitute—

“ The verifier shall describe the misstatements, non-conformities and non-compliance with Implementing Regulation (EU) 2018/2066 in sufficient detail in the verification report to allow the operator or aircraft operator as well as the competent authority to understand the following: ” ;

(ii) for point (a), substitute—

“ (a) the size and nature of the misstatement, non-conformity or non-compliance with Implementing Regulation (EU) 2018/2066; ” ;

(iii) in point (c), omit “or the monitoring methodology plan”;

(iv) for point (d), substitute—

“ (d) to which Article in Implementing Regulation (EU) 2018/2066 the non-compliance relates. ” ;

(d) in paragraph 5, for “a Member State” substitute “ the competent authority ” .

Amendment of Article 28

30. In Article 28—

(a) in point (c), omit “or monitoring methodology plan, as appropriate,”;

(b) omit point (e).

Amendment of Article 30

31. In Article 30(1)—

(a) for “points (a) to (e)” substitute “ points (a) to (d) ” ;

(b) in point (c), omit the words from “or Article 11(2)” to the end;

(c) omit point (e).

Amendment of Article 31

32. In Article 31(3), omit point (d).

Amendment of Article 37

33. In Article 37(5), omit the second subparagraph.

Amendment of Article 38

34. For Article 38(1)(a) substitute—

“ (a) knowledge of Directive 2003/87/EC , Implementing Regulation (EU) 2018/2066, this Regulation, relevant standards, and other relevant legislation, applicable guidelines, as well as relevant guidelines and legislation issued by the competent authority or Secretary of State; ” .

Amendment of Articles 41 and 42

35. In Articles 41 and 42, for “harmonised standard” in each place it occurs substitute “ standard ” .

Amendment of Article 43

36. In Article 43—

(a) for “harmonised standard” in each place it occurs substitute “ standard ” ;

(b) in paragraph 3—

(i) in point (a), omit “or in the monitoring methodology plan, as applicable” and “or monitoring methodology plan”;

(ii) in point (b), for “emissions, tonne-kilometre data or data relevant for free allocation” substitute “ emissions or tonne-kilometre data. ” .

Amendment of Article 44

37. In Article 44, omit the second paragraph.

Amendment of Articles 46, 47, 48 and 49

38. In Articles 46, 47, 48, and 49, for “harmonised standard” in each place it occurs substitute “ standard ” .

Amendment of Article 50

39. In Article 50—

(a) in paragraph 3, for “harmonised standard” substitute “ standard ” ;

(b) omit paragraph 5.

Amendment of Articles 51 and 52

40. In Articles 51 and 52, for “harmonised standard” in each place it occurs substitute “ standard ” .

Amendment of Article 54

41. In Article 54(4), in the second subparagraph for “Member States” substitute “ The national accreditation body ” .

Amendment of Article 55

42. In Article 55—

(a) in paragraph 1, for “national accreditation bodies appointed pursuant to Article 4(1) of Regulation (EC) No 765/2008 ” substitute “ national accreditation body ” ;

(b) omit paragraphs 2 to 4;

(c) in paragraph 5, omit the words “and be granted formal recognition by the Member State,”;

(d) in paragraph 6, for “harmonised standard” substitute “ standard ” .

Omission of Article 56

43. Omit Article 56.

Amendment of Article 57

44. In Article 57(4), for “harmonised standard” substitute “ standard ” .

Amendment of Article 58

45. In Article 58(2), omit the third subparagraph.

Amendment of Article 59

46. In Article 59(1)—

(a) in point (a), for “harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ standard ” ;

(b) in point (b), omit the words from “Delegated Regulation” to “in Annex I of this Regulation,”.

Amendment of Article 60

47. In Article 60(2)(a) omit the words from “Delegated Regulation” to “in Annex I of this Regulation,”.

Amendment of Article 63

48. In Article 63(2), for “harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ standard ” .

Omission of Articles 65 to 68

49. Omit Articles 65 to 68.

Amendment of Article 69

50. In Article 69(1)—

(a) for “Member States” substitute “ The competent authority ” ;

(b) omit the words from “or in accordance with Article 13” to the end.

Amendment of Article 70

51. In Article 70—

(a) in paragraph 1—

(i) for “Member State” substitute “ the Secretary of State ” ;

(ii) omit the words “, or where applicable, the national authority entrusted with the certification of verifiers,”;

(b) in paragraph 2, for “pursuant to Article 18 of Directive 2003/87/EC in a Member State, the Member State” substitute “ in the United Kingdom, the Secretary of State with the agreement of the other authorities ” .

Amendment of Article 71

52. In Article 71(1)—

(a) omit “of each Member State”;

(b) for “those Member States” substitute “ the United Kingdom ” ;

(c) omit point (d).

Amendment of Article 72

53. In Article 72—

(a) for “the following parties:” substitute “ the competent authority. ” ;

(b) omit points (a) and (b).

Amendment of Article 73

54. In Article 73(1), omit “of the Member State where the verifier is carrying out the verification” and “which has accredited that verifier”.

Omission of Articles 74 and 75

55. Omit Articles 74 and 75.

Amendment of Article 76

56. In Article 76—

(a) in paragraph 1—

(i) in the first subparagraph omit “other national accreditation bodies,”;

(ii) omit the second subparagraph;

(b) in paragraph 2, omit point (b).

Amendment of Article 77

57. In Article 77(1)(b), for “emissions, tonne-kilometre reports, baseline data reports or new entrant data reports” substitute “ emissions or tonne-kilometre reports ” .

Amendment of Article 79

58. In Article 79, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Amendment of Annex 1

59. In Annex 1—

(a) before the table—

(i) after “using” insert “ aviation activities or in relation to the activities other than aviation using ” ;

(ii) omit the words from “and other activities pursuant to Articles 10a” to the end;

(b) in the table—

(i) in the rows for activity group 10—

(aa) for “Directive 2003/87/EC ” substitute “ the 2012 Regulations ” ;

(bb) for “Directive 2009/31/EC ” in each place it occurs substitute “ the CCS licensing regime ” ;

(ii) in the rows for activity group 11 for “Directive 2009/31/EC ” substitute “ the CCS licensing regime ” ;

(iii) omit the rows for activity groups 98 and 99.

Amendment of Annex 2

60. In Annex 2, for “the harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ EN ISO 14065:2013 ” .

Amendment of Annex 3

61. In Annex 3, for “the harmonised standard pursuant to Regulation (EC) No 765/2008 ” substitute “ EN ISO/IEC 17011:2017 ” .

PART 5 Revocation