Jurisdiction: UK
Commencement: 31st January 2020
Amends: The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038) as amended
The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038) as amended complete the UK’s transposition of European Directive 2009/29/EC which amended Directive 2003/87/EC (‘the EU ETS Directive’), to improve and extend the Greenhouse Gas emission allowance trading scheme. The Regulations consolidate and replace a number of legislations that has transposed the EU ETS Directive into UK law.
Various minor corrections are made following technical errors in the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 ( the “previous amendment”) These include:
- References to the “Northern Ireland Regulations” now mean the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013 rather than the Pollution Prevention and Control Regulations (Northern Ireland) 2003.
- The definition of “the Verification Regulation” in the previous amendment is updated to ensure it is consistent in the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and its amendments.
The commencement date of various regulations of the previous amendment are brought forward to 1st February 2020. This is to ensure the necessary provisions are brought into force before 1st January 2021, when the remainder of that amendment comes into force, to ensure the legislation can continue to function during any implementation period following the UK’s exit from the European Union.
Directive 2004/87/EC establishing a system for greenhouse gas emission allowance trading within the Union will be revoked when it no longer applies to the UK, presumably after the transition period.
This amendment does not change any duties for businesses.