Statutory Instruments
2022 No. 467
Electricity, England
The Emissions Performance Standard (Amendment) Regulations 2022
Made
20th April 2022
Laid before Parliament
25th April 2022
Coming into force
17th May 2022
In accordance with section 62(4) of the Energy Act 2013( 1 ), this instrument was laid before Parliament and neither House has resolved that the instrument should not be made.
The Secretary of State, in exercise of the powers conferred by section 60 of that Act, makes the following Regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Emissions Performance Standard (Amendment) Regulations 2022 and come into force on 17th May 2022.
(2) These Regulations extend to England.
Amendment of the Emissions Performance Standard Regulations 2015
2.Regulation 2 (interpretation) of the Emissions Performance Standard Regulations 2015( 2 ) is amended as follows—
(a) after the definition of “generating unit” insert—
“ “ the GGETS Order ” means the Greenhouse Gas Emissions Trading Scheme Order 2020 ( 3 ) ; ” ;
(b) for the definition of “Greenhouse Gas Emissions Permit” substitute—
“ “ Greenhouse Gas Emissions Permit ” has the meaning given by article 4(1) of the GGETS Order; ” ;
(c) for the definition of “Greenhouse Gas Emissions Report” substitute—
“ “ Greenhouse Gas Emissions Report ” means—
for emissions occurring before 1 January 2021, a report required to be submitted by an operator by virtue of Article 67(1) of the Monitoring and Reporting Regulation 2012 ( 4 ) ;
for emissions occurring on or after 1 January 2021, a report required to be submitted in accordance with a monitoring and report condition in the operator’s greenhouse gas emissions permit, by virtue of article 26(3) of, and paragraph 4(2)(b) of Schedule 6 to, the GGETS Order; ” ;
(d) for the definition of “the Monitoring and Reporting Regulation” substitute—
“ “ the Monitoring and Reporting Regulation ” means—
for emissions and activity data occurring before 1 January 2021, Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council, as it had effect immediately before IP completion day; and
for emissions and activity data occurring on or after 1 January 2021, 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, as given effect by article 24 of the GGETS Order; ” ;
(e) for the definition of “the Verification Regulation” substitute—
“ “ the Verification Regulation 2018 ” means Commission Implementing Regulation (EU) 2018/2067 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 given effect by virtue of article 25 of the GGETS Order; and ” ; and
(f) in the definition of “verified”, after Verification Regulation insert “2018” .
Greg Hands
Minister of State
Department for Business, Energy and Industrial Strategy
20th April 2022
Commission Regulation (EU) No 601/2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council.