The Climate Change Agreement (Amendment of Agreements) (EU Exit) Regulations 2018

Jurisdiction:  UK

Commencement:   29th March 2019

Amends:  The Climate Change Agreements (Eligible Facilities) Regulations 2012 (SI 2012/2999) as amended


Agreements within the Climate Change Agreement (CCA) Scheme which have been made before exit day are amended to ensure that they continue to operate once the UK has left the EU.

Facilities can only be certified as being covered by a CCA if in the previous certification period it has complied with any obligations set out in the Greenhouse Gas Emissions Trading Scheme Regulations 2012 (as amended); this replaces the previous reference to Directive 2003/87/EC (EU ETS Directive)

The definition of technical annex is updated to correct deficiencies in the cross-references with Annex 1 to the EU ETS Directive, which lists the activities excluded from the Directive.

This amendment also updates the reference to the European Commissions guidelines on the meaning of a firm in difficulty to the latest version (European Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01)).


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