Jurisdiction: UK

Commencement: 22 April 2021

Amends: New Legislation
Mini Summary

The legal framework for auctioning of emissions allowances under the UK Emissions Trading Scheme (UK ETS) is established.

Summary
The UK Emissions Trading Scheme (UK ETS) implements the principals of emissions trading by allocating and trading greenhouse gas (GHG) emissions allowances to participants of the scheme. These Regulations set out the legal framework to allow auctioning of emissions allowances.

One allowance equals one tonne of carbon dioxide (CO2) equivalent. At the end of each year, installations must have enough allowances to account for their GHG emissions. They have the flexibility to buy additional allowances on top of their allocation, or to sell surplus allowances generated from reducing their emissions below their allocation at auction. An allowance allows a participant to emit 1 tonne of carbon dioxide equivalent.

The UK ETS was implemented in the UK by The Greenhouse Gas Emissions Trading Scheme Order 2020 (‘2020 Order’). It replaces the European Union Emissions Trading System (EU ETS) for UK participants, which also follows the principles of emissions trading. For more general information on the UK ETS and how it works for participants see the entry for the 2020 Order.

The UK ETS authority for these Regulations are the national authorities, which are:

The Regulations are made under the power in section 96 of the Finance Act 2020 to make Regulations on the allocation of emissions allowances in exchange for payment. They are equivalent to the provisions made around allowances for EU ETS by Regulation (EU) 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas allowances.
Duties
Auctions
As with the EU ETS, under the UK ETS auctioning continues to be the main means of introducing allowances into the market. Participants are also able to trade UK ETS emissions allowances on a secondary market. It is set out in Part 2 of the Regulations how bids are to be submitted and withdrawn, and how the auction clearing price is to be determined.

The minimum volume bid is one lot, and each lot auctioned must consist of 500 allowances. Each bid must state:

Each bid may only be submitted, modified or withdrawn during the bidding window set by the auction platform. Any unsold allowances can be added to the next four auctions up to a limit of 125% of their original volume.

The Auction Reserve Price (ARP) is set by these Regulations and this is the minimum price for which allowances can be sold at auctions. Bids below this price will not be accepted. The UK ETS has an ARP of £22. It is not intended that any changes will be made to the ARP before it is likely withdrawn as the scheme matures.
Auction Calendar
The auctioneer sets the auction calendar, including the bidding windows, individual volumes, auction dates, as well as the auctioned product, payment and delivery dates of the allowances to be auctioned in individual auctions each calendar year. The auction platform provider, ICE Futures, was appointed to host emissions auctions on behalf of the UK Government’s Department for Business, Energy and Industrial Strategy (BEIS), which has been appointed as the UK Auctioneer by the Treasury. ICE published the 2021 calendar for UK ETS auctions on 26th February 2021. The first UK ETS auction is 19th May 2021.

The appointed auction platform must publish the auction calendar for a year by 15th July of the preceding year or as soon as practicable after that date. The auction platform must also report transactions to the Financial Conduct Authority in order to provide appropriate regulatory oversight.

This legislation provides for fees and costs to be charged by the auction platform and auctions are to be monitored for issues such as market abuse, money laundering, terrorist financing or other criminal activity.

Auction participants will need to register with the appointed auction platform and must also hold a registry account in the UK Emissions Trading Registry. This registry system is used to ensure the accurate accounting of all allowances issued under the UK ETS, and it is used by operators to surrender allowances each year as required by the 2020 Order.
Cost Containment Mechanism
The Cost Containment Mechanism will be triggered if the average price for one allowance on secondary futures markets is more than:

If any of the above occur then the Treasury can authorise changing the distribution of allowances or increasing the volume of allowances to be auctioned at auctions within a calendar year.
Access to Auctions
Part 4 of the Regulations legislate access to auctions by participants and details the eligibility criteria and process for those applying to bid in auctions and participate in the auction platform’s secondary market. The appointed auction platform can refuse, revoke or suspend admission to bid in auctions.

There is a right of appeal set by these Regulations against decisions made by the auction platform, such as admissions to bid.

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Amendment

The Recognised Auction Platforms and Greenhouse Gas Emissions Trading Scheme Auctioning (Amendment) Regulations 2021 (SI 2021/513)
The 2021 Regulations are updated to correct some minor technical errors and provide further clarity on some parts of the legislation. Eligibility criteria for those participating in auctions originally set out in regulation 16 of the 2021 Regulations is updated. This means to be eligible to bid in UK ETS auctions, entities will need to be one of the following:

Clarity is given on how the auction clearing price for UK ETS auctions will be determined and clarifies that it cannot be significantly below the prevailing secondary market price. This is to ensure there is not a scenario where there is a difference between the auction clearing price when the auction fully clears compared to when it partially clears.

The cost containment mechanism (CCM) enables the Treasury to amend the distribution or volume of allowances to be auctioned in any one year if the carbon price exceeds specified limits. The thresholds for the CCM to be implemented are clarified, as well as how the carbon price is calculated to determine if the CCM is triggered.

 

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Jurisdiction: UK

Commencement: 1st January 2021
Mini Summary
Following the UK’s exit from the EU, this Order establishes a UK Emissions Trading Scheme (UK ETS) covering greenhouse gas emissions from power and heat generation, energy intensive industries and aviation.
Summary
Following the United Kingdom’s (UK) exit from the European Union (EU), this Order establishes a UK Emissions Trading Scheme (UK ETS) covering greenhouse gas emissions (GHG) from power and heat generation, energy intensive industries and aviation. It replaces the European Union Emissions Trading System (EU ETS) for UK participants.

The UK ETS begins on 1st January 2021. Before the UK left the EU, the EU ETS was applied in the UK through The Greenhouse Gas Emissions Trading Scheme Regulations 2012All UK operators that carried out an activity covered by the EU ETS were required to hold a permit, which was a licence to operate and emit greenhouse gases covered by the EU ETS. Activities covered by the EU ETS are any of the activities listed in Annex I to Directive 2009/29/EC to improve and extend the greenhouse gas emission allowance trading scheme of the Community (‘EU ETS Directive’).

The UK ETS does not significantly change the requirements for participating UK operators from those brought in by the EU ETS. Elements of the scheme will be familiar to operators. It is designed to maintain continuity with the EU ETS and to facilitate possible linkage in the future, however this is subject to ongoing trade negotiations between the UK and EU and would require further secondary legislation.

Key provisions included in this Order cover the scope of the scheme, monitoring and reporting requirements, the cap (the total level of emissions permitted) and the trajectory (the rate at which the cap declines) and the roles of the regulators in monitoring and enforcing the rules of the UK ETS. Secondary legislation will be introduced under the Finance Act 2020 to establish rules for the auctioning of emissions allowances.

The regulated activities covered by the UK ETS are listed in Schedule 2. Aviation activities are covered by the scheme and the definition of this is given in Schedule 1. The scheme covers electricity generation and heavy energy-using industries such as power stations, refineries, iron and steel, cement and lime, paper, food and drink, glass, ceramics, engineering, and the manufacture of vehicles. Other organisations, including universities and hospitals, may also be covered by the UK ETS depending upon the combustion capacity of equipment at their sites.

The UK ETS continues the principals of emissions trading by allocating and trading GHG emissions allowances. One allowance equals one tonne of carbon dioxide (CO2) equivalent. At the end of each year, installations must have enough allowances to account for their GHG emissions. They have the flexibility to buy additional allowances on top of their allocation, or to sell surplus allowances generated from reducing their emissions below their allocation.
Allocation periods
Phase I of the UK ETS will run from 2021-2030 and is split into two allocation periods:

The regulators in each jurisdiction that the Regulations apply to are the following:

*’Installation’ means a stationary technical unit where one or more regulated activities listed in Schedule 2 are carried out. ‘Installation’ does not include any of the following (which are outside the scope of the UK ETS):

For qualifying aircraft operators the regulators depend on which jurisdiction the aircraft operator is registered in:

The EA is the default regulator for new aircraft operators that do not have a registered office or place of residence in the UK. From 2026, the regulator for aircraft operators will be one of the four above and depend on the jurisdiction where the highest proportion of emissions occur.
Duties
Scope of the scheme
Installations must be part of the UK ETS if they conduct a regulated activity.
As there are no changes to this list of regulated activities from the EU ETS, if operators were part of the EU ETS then they remain part of the UK ETS.

Regulated activities under the UK ETS are stated in Schedule 2:

Activities Greenhouse gases
Combustion of fuels on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated. Carbon dioxide
Refining of mineral oil. Carbon dioxide
Production of coke. Carbon dioxide
Metal ore (including sulphide ore) roasting or sintering, including palletisation. Carbon dioxide
Production of pig iron or steel (primary or secondary fusion) including continuous casting, with a capacity exceeding 2.5 tonnes per hour. Carbon dioxide
Production or processing of ferrous metals (including ferro-alloys) on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated. Carbon dioxide
Production of primary aluminium. Carbon dioxide and perfluorocarbons
Production of secondary aluminium on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated. Carbon dioxide
Production or processing of non-ferrous metals (including production of alloys, refining and foundry casting) on a site where combustion units with a total rated thermal input (including fuels used as reducing agents) exceeding 20 megawatts are operated. Carbon dioxide
Production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day. Carbon dioxide
Production of lime or calcination of dolomite or magnesite in rotary kilns or in other furnaces with a production capacity exceeding 50 tonnes per day. Carbon dioxide
Manufacture of glass including glass fibre with a melting capacity exceeding 20 tonnes per day. Carbon dioxide
Manufacture of ceramic products by firing, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain, with a production capacity exceeding 75 tonnes per day Carbon dioxide
Manufacture of mineral wool insulation material using glass, rock or slag with a melting capacity exceeding 20 tonnes per day. Carbon dioxide
Drying or calcination of gypsum or production of plaster boards and other gypsum products on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated. Carbon dioxide
Production of pulp from timber or other fibrous materials. Carbon dioxide
Production of paper or cardboard with a production capacity exceeding 20 tonnes per day. Carbon dioxide
Production of carbon black involving the carbonisation of organic substances such as oils, tars, cracker and distillation residues on a site where combustion units with a total rated thermal input exceeding 20 megawatts are operated. Carbon dioxide
Production of nitric acid. Carbon dioxide and nitrous oxide
Production of adipic acid. Carbon dioxide and nitrous oxide
Production of glyoxal and glyoxylic acid. Carbon dioxide and nitrous oxide
Production of ammonia. Carbon dioxide
Production of bulk organic chemicals by cracking, reforming, partial or full oxidation or by similar processes, with a production capacity exceeding 100 tonnes per day. Carbon dioxide
Production of hydrogen (H2) and synthesis gas by reforming or partial oxidation with a production capacity exceeding 25 tonnes per day Carbon dioxide
Production of soda ash (Na2CO3) and sodium bicarbonate (NaHCO3). Carbon dioxide
Capture of greenhouse gases from other installations for the purpose of transport and geological storage in a storage site Carbon dioxide
Transport of greenhouse gases by pipelines for geological storage in a storage site. Carbon dioxide
Geological storage of greenhouse gases in a storage site. Carbon dioxide

Organisations that carry out in-scope aviation activities must be part of the UK ETS. Aviation activities are fully defined in Schedule 1 and are summarised below:
An aviation activity consists of the following activities other than excluded flights*:
a) a flight departing from an aerodrome situated in the UK and arriving in an aerodrome situated:

b) a flight arriving in an aerodrome situated in the UK from an aerodrome situated in Gibraltar.

* Excluded flights are flights for specific purposes such as military flights and search and rescue flights. The full list of excluded flights can be found in Schedule 1.

Aircraft operators carry out aviation activities. The requirements for aircraft operators under UK ETS are summarised separately, further below, under the heading ‘aviation’.

Hospitals and small emitters

Under EU ETS, the UK had a ‘Small Emitter and Hospitals Opt-out Scheme’ to reduce the administrative burden on these installations. For Phase 3 of EU ETS (1st January 2013 to 31st December 2020) installation operators applied to join the Small Emitter and Hospital Opt-out Scheme in 2012 and ‘excluded installation’ permits were granted on 1st January 2013 to those operators whose applications were successful. Under UK ETS this provision continues, allowing hospitals and small emitters to continue to be subject to simplified monitoring, reporting and verification.

A small emitter is an installation:

A hospital installation is an installation that primarily provides services to a hospital, if at least 85% of the heat produced by the installation in that year is used by or supplied to one or more hospitals.

Hospitals and small emitters included in the UK ETS are already decided for the 2021-2025 allocation period. A list of these can be accessed here. An operator of an installation can apply to be classed as a hospital or small emitter for the 2026-2030 allocation period, by submitting an application to the regulator in accordance with Part 2 of Schedule 7.

Ultra-small emitters

Installations that emit less than 2,500 tonnes of carbon dioxide a year (not including emissions from biomass) are classed as ‘ultra-small emitters’ and the installations classed as ultra-small emitters are those stated in the ultra-small emitters list for the 2021-2025 allocation period. An operator of an installation can apply to be classed as an ultra-small emitter for the 2026-2030 allocation period by submitting an application to the regulator in accordance with Schedule 8.

Installation permits

A permit must be held by the operator of an installation before a regulated activity is carried out at an installation.  Permits are either greenhouse gas emissions permits, hospital or small emitter permits. Permits authorise the regulated activities set out in the permit to be carried out at the installation and the permit conditions must be complied with.

Conversion of greenhouse gas emissions permits issued under EU ETS

For installations holding permits issued under EU ETS and The Greenhouse Gas Emissions Trading Scheme Regulations 2012, this Order requires the regulator to convert the permit into a greenhouse gas emissions permit that meets the requirements of paragraph 4 of Schedule 6 and authorises the regulated activity to be carried out at the installation from 1st January 2021. The regulator must notify the operator of the installation of this conversion.

For installations included in the hospital and small emitter list for 2021-2025, this Order requires the regulator to convert the permit into a hospital or small emitter permit that meets the requirements of paragraph 11 of Schedule 7 and authorises the regulated activity to be carried out at the installation from 1st January 2021. The regulator must notify the operator of the installation of this conversion.

Greenhouse gas emissions permits

Greenhouse gas emissions permits can be applied forvariedtransferredsurrendered and revoked.

Applications for permits must be done in accordance with Part 1 of Schedule 6. A greenhouse gas emissions permit may only be issued if the regulator considers that the operator of the installation will be capable of monitoring and reporting the installation’s reportable emissions in accordance with the monitoring and reporting conditions of the permit. The information that permits must contain is set out in Part 1 of Schedule 6.

Operators must apply to vary their permits whenever there is a change that needs approval, i.e. changes to the capacity, activity level or operation of the installation. Changes that the regulator must be notified about, will be stated in the content of the permit. Regulators have the power to vary permits at any time.

Permits can be transferred by the permit holder to a new operator, by both parties jointly applying to the regulator. This must be done in accordance with Part 2 of Schedule 6.

Where an installation ceases operation or where a regulated activity is no longer being carried out and it is not technically possible to resume operation, the operator must apply to the regulator to surrender the permit within 1 month of operations ending, or a later date can be agreed by the regulator if required. When an application to surrender is granted, a ‘surrender notice’ is issued by the regulator. This notice must set out the date on which the surrender of the permit takes effect and requires the operator to report their verified emissions for that year.

Where the operator of an installation fails to apply to surrender their permit on or before the date required, the regulator must revoke the permit as soon as reasonably practicable after that date. Permits can also be revoked due to non-compliance with permit conditions or with requirements set out in this Order.

Part 3 of Schedule 7 sets out the requirements around hospital or small emitter permits.

(Note that operators of aviation activities are not issued with permits, but must apply for emissions monitoring plans which fulfil some of the same functions.)
Allowances

Cap on allowances

The total level of emissions permitted across the UK under UK ETS is ‘capped’. The number of allowances created in a scheme year may not exceed the base for the scheme year multiplied by the relevant hospital and small emitter reduction factor for that allocation period. The reduction factor is set out in Article 21. Based on the UK’s share of emissions allocated in Phase IV (1st January 2021 to 31st December 2030) of the EU ETS. The cap on allowances each year of the UK ETS has been initially set at 5% lower than the share given in EU ETS for the same time period, due to the UK’s commitment to reach net-zero emissions by 2050.

Each operator has a number of allowances which must be surrendered to cover their emissions through monitoring and reporting. The rules on how allowances are to be issued are not covered in this Order and will be the subject of separate legislation on the allocation of allowances and auctioning.

Some operators receive a number of free allowances, depending on what activity they carry out. These are usually issued to participants most at risk of carbon leakage, to maintain competitiveness of certain sectors and support the transition towards a low-carbon economy. Carbon leakage occurs when businesses transfer production to other countries with less stringent emissions constraints. The approach to free allocation policy in the UK ETS is largely in line with the approach to free allocation under Phase IV of the EU ETS, so organisations should not expect any notable changes from how this has worked during the EU ETS.

Monitoring and reporting

Operators must monitor reportable emissions* each year, and in the following year, report them and surrender a number of allowances equal to those emissions. The reporting year runs from 1st January to 31st December each year.

*‘Reportable emissions’, in relation to an installation, means the total specified emissions (in tonnes of carbon dioxide equivalent) from the regulated activities carried out at the installation. Section 93(2) of the Climate Change Act 2008 (c. 27) defines ‘tonne of carbon dioxide equivalent’ which means one metric tonne of carbon dioxide or an amount of any other greenhouse gas with an equivalent global warming potential (calculated consistently with international carbon reporting practice).

To maintain continuity with EU ETS and facilitate possible linking, this monitoring and reporting must be done in accordance with Regulation (EU) 2018/2066 on the monitoring and reporting of greenhouse gas emissions (‘Monitoring and Reporting Regulation’), with some modifications which are set out in Schedule 4The Monitoring and Reporting Regulation will not remain retained EU law, as defined in the European Union (Withdrawal) Act 2018 (c.16), due to when it came into force.

All annual emissions reports and monitoring are to be verified by an independent verifier in accordance with Regulation (EU) 2018/2067 on the verification of data and on the accreditation of verifiers (‘Accreditation and Verification Regulation’). A verifier will check for inconsistencies in monitoring with the approved monitoring plan (submitted at permit application stage) and whether the data in the emissions report is complete and reliable. The Accreditation and Verification Regulation will remain a retained EU law under European Union (Withdrawal) Act 2018 (c.16).

The deadline each year for submitting reports each year to the regulator is on or before 31st March in the following year.

Surrender of allowances

An operator must surrender allowances each year equal to the annual reportable emissions of the installation in accordance with their permit. This must be done on or before 30th April in the following year. Failure to do this by the deadlines may result in significant penalties.

If an operator does not have enough allowances to cover their emissions for the reporting year, allowances can be purchased through auctions. Under EU ETS, the auctioning of allowances is governed by Regulation (EU) 1031/2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances (‘EU ETS Auctioning Regulation’). This covers the timing, administration and other aspects of auctioning to ensure it is conducted in accordance with legislation. The rules on how allowances are to be purchased or auctioned under UK ETS do not appear in this Order and will be the subject of separate legislation on allocation of allowances and auctioning.

UK Registry

A UK registry system will be used to ensure the accurate accounting of all allowances issued under the UK ETS. Operators will have accounts on the registry to surrender allowances. This UK registry is not covered in this Order and will be issued under separate legislation.
Aviation
As mentioned previously, aviation activities are covered by UK ETS, as they were by EU ETS. Aircraft operators are those carrying out aviation activities (defined in the scope section above). There are 2 exemptions, whose small level of activity means they are not required to be a participant in the UK ETS scheme:

Note there are simplified requirements for ‘small emitters’ as set out below.

Emissions monitoring plans

Aircraft operators must apply to the regulator for a plan setting out how the aircraft operator’s aviation emissions are to be monitored. This must be done within 42 days of commencing activities as an aircraft operator. Existing aircraft operators who were part of EU ETS will already have an emissions monitoring plan, issued under The Greenhouse Gas Emissions Trading Scheme Regulations 2012.

Monitoring and reporting

Aircraft operators required to monitor and report emissions of CO2 must do so in accordance with their approved emissions plan and the Monitoring and Reporting Regulation. The annual emissions report must be submitted to the regulator by the statutory reporting deadline, which is on or before 31st March in the following year. 

All annual emissions reports and monitoring are to be verified by an independent verifier in accordance with The Accreditation and Verification Regulation. A verifier will check for inconsistencies in monitoring with the approved emissions plan and if the data in the emissions report is complete and reliable.

Surrender of allowances

Aircraft operators must surrender, on or before 30th April in the following year, an amount of allowances equal to its aviation emissions of CO2 in that scheme year. If aircraft operators do not have enough allowances to meet their surrender obligation they can be purchased through auction. The rules on how allowances are to be purchased or auctioned under UK ETS do not appear in this Order and will be the subject of separate legislation on allocation of allowances and auctioning.

Small emitters

For aircraft operators whose aviation activities fall under the small emitter thresholds can use a simplified monitoring as there is no requirement for verification of their reporting of CO2 emissions. These thresholds are aircraft operators who have had emissions of carbon dioxide for that scheme year amounting to either:

Enforcement

Part 7 of the Order covers enforcement of the UK ETS. There are a number of enforcement requirements, which relate to a range of offences, such as failure to surrender allowance. Civil penalties are the main form of enforcement penalty for UK ETS and enforcement notices can be issued by regulators for non-compliance with the Order.

Requirements under the existing EU ETS scheme:

Note that under The Greenhouse Gas Emissions Trading Scheme Regulations 2012 during the transition period from 1st February to 31st December 2020, the UK remains a full participant in the EU ETS. This means that participating UK operators must still meet their 2020 compliance obligations under EU ETS.

The deadlines for UK operators participating in the EU ETS during the transition period are:

 

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Jurisdiction: UK

Commencement: 31st December 2020

Amends: Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles 
Mini Summary
Regulation (EU) 2019/1242 of the European Parliament and of the Council of 20 June 2019 setting CO2 emission performance standards for new heavy-duty vehicles sets carbon dioxide (CO2) emission performance standards for new heavy duty vehicles in the European Union (EU).
Amendment
This amendment comes into force on IP completion day. IP completion day is the day the transition period for the United Kingdom leaving the European Union ends and was 31st December 2020.

This retained EU Regulation is amended to ensure that CO2 emissions of new heavy-duty vehicles (HDVs) registered in the UK continue to be regulated. References to the EU and EU regimes are replaced with UK references. The first reporting period under the UK version of this Regulation will commence 1st July 2021.

 

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Jurisdiction: UK

Commencement: 31st December 2020

Amends: The Greenhouse Gas Emissions Trading Scheme Regulations 2012  
Mini Summary
The Greenhouse Gas Emissions Trading Scheme Regulations 2012 implement the European Union Emissions Trading System (EU ETS) into UK law.
Amendment
This comes into force immediately before IP completion day, the end of the implementation period of the UK leaving the EU.

As part of its exit from the EU, the UK is ceasing participation in the EU Emissions Trading Scheme (EU ETS) at the end of the implementation period (currently 31st December 2020). Significant changes are made so that from 1st January 2021 these Regulations will apply in Northern Ireland (NI) only, for electricity generation for the wholesale electricity market in Ireland and NI. NI electricity generators will continue to be subject to the same monitoring and compliance obligations as they currently are under EU ETS.

Heat emissions will now be out of scope of EU ETS in NI; there is reported to only be one combined heat and power plant in NI that will be affected by this.

UK operators of a greenhouse gas emissions permit will still need to meet their obligations for any emissions during the transition period, i.e. up to 31st December 2020.

A previous amendment, The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations is revoked, as is the majority of The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations, which were made prior to the Northern Ireland Protocol being in effect and were used to provide certainty for EU ETS participants in the event of a no deal exit from the EU.

Following exit from the EU, the UK will likely impose a price on carbon emissions by implementing a UK ETS that is similar to EU ETS, or by implementing a UK carbon emissions tax. This will be established in separate legislation.

 

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Jurisdiction: UK

Commencement: 22 July 2020

Summary

The Finance Acts 1996 to 2020 confirm and detail environmental taxes and duties as summarised below. This includes: 

 The rates specified in this entry are from the Finance Act 2020 (c.14) and apply from 1st April 2020. 

Businesses are affected by the charges for waste disposal to landfill, energy use and carbon emissions. 

 

Duties

Vehicle Excise Duty

Rates payable: 

Light passenger vehicles registered before 1st April 2017 (vehicles other than higher rate diesel vehicles)  

CO2 emissions    Rate (£)   
Exceeding g/km    Not exceeding g/km    Reduced rate (£)    Standard rate (£)   
100    110    10    20   
110    120    20    30   
120    130    115    125   
130    140    140    150   
140    150    155    165   
150    165    195    205   
165    175    230    240   
175    185    255    265   
185    200    295    305 
200    225    320    330 
225    255    555    565 
255    –    570    580 

 

Light passenger vehicles registered on or after 1st April 2017 (vehicles other than higher rate diesel vehicles)  

CO2 emissions   Rate (£)  
Exceeding g/km   Not exceeding g/km   Reduced rate (£)   Standard rate (£)  
  50     10  
50   75   15   25  
75   90   100   110  
90   100   125   135  
100   110   145   155  
110   130   165   175  
130   150   205   215  
150   170   530   540  
170   190   860   870  
190   225   1295   1305  
225   255   1840   1850  
255   –   2165   2175 

 

Higher rate diesel vehicles  

CO2 emissions  
Exceeding g/km   Not exceeding g/km   Rate (£)  
  50   25 
50   75   110 
75   90   130  
90   100   150  
100   110   170  
110   130   210  
130   150   530  
150   170   855  
170   190   1280 
190   225   1815  
225   255   2135  
255   –   2135  

 

Landfill tax

Two different rates of landfill tax exist for the disposal of relevant waste made at authorised landfill sites in England and Northern Ireland. Rates for disposal made on or after 1st April 2020 are: 

Inert or inactive waste, e.g. rocks or soil, is subject to the reduced rate. 

From 1st April 2018, the landfill disposal tax replaced the UK landfill tax in Wales. For further information and rates, see The Landfill Disposal Tax (Tax Rates) (Wales) Regulations 2018. 

 For landfill tax rates in Scotland, see the Landfill Tax (Scotland) Act 2014 for further information. 

 

Climate change levy

Climate change levy rates that apply from 1st April 2020   

Taxable commodity supplied  Rate at which levy if supply is not a reduced-rate supply 
Electricity  £0.00811 per kilowatt hour 
Gas supplied by a gas utility or any gas supplied in a gaseous state that is of a kind supplied by a gas utility  £0.00406 per kilowatt hour 
Any petroleum gas, or other gaseous hydrocarbon, supplied in a liquid state  £0.02175 per kilogram 
Any other taxable commodity  £0.03174 per kilogram 

 

Climate change levy rates that apply from 1st April 2021  

Taxable commodity supplied   Rate at which levy if supply is not a reduced-rate supply  
Electricity   £0.00755 per kilowatt hour  
Gas supplied by a gas utility or any gas supplied in a gaseous state that is of a kind supplied by a gas utility   £0.00465 per kilowatt hour  
Any petroleum gas, or other gaseous hydrocarbon, supplied in a liquid state   £0.02175 per kilogram  
Any other taxable commodity   £0.03640 per kilogram 

 

Aggregate levy

Aggregate levy is a tax on sand, gravel and rock that has either been: 

If your business exploits aggregate in the UK (i.e. a quarry operator), you must tell HMRC how much aggregate you have produced or sold. 

Certain materials are excluded from the tax. A full list of exempted materials can be found here. 

The current levy is £2.00 per tonne for sand, gravel or rock. 

 

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Jurisdiction: UK

Commencement: 31st January 2020

Amends: The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (SI 2012/3038) as amended
Mini Summary
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.
Amendment
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:

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.

 

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