The Greenhouse Gas Emissions Trading Scheme ... …

1 STATUTORY INSTRUMENTS 2012 No. 3038 CLIMATE CHANGE The Greenhouse Gas Emissions Trading Scheme Regulations 2012 Made - - - - 5th December 2012 Laid before Parliament 10th December 2012 Coming into force - - 1st January 2013 STATUTORY INSTRUMENTS 2012 No. 3038 CLIMATE CHANGE The Greenhouse Gas Emissions Trading Scheme Regulations 2012 Made - - - - 5th December 2012 Laid before Parliament 10th December 2012 Coming into force - - 1st January 2013 CONTENTS PART 1 General 1. Citation and commencement 5 2. Duty to review these Regulations 5 3. Interpretation 6 4. Application to the Crown etc. 11 5. Notices etc. 11 6. Applications etc. 11 7. Functions of the regulator: Northern Ireland 11 8. Commission Regulations: designations 11 PART 2 Stationary installations CHAPTER 1 Permits 9.

2 Requirement for permit to carry out regulated activities 12 10. Applications for and grant of permits 12 11. Review, variation and consolidation of permits 13 12. Transfer of permits 13 13. Surrender of permits 14 14. Revocation of permits 14 CHAPTER 2 Excluded installations: further provision 15. Excluded installations 15 2 CHAPTER 3 Allocation of allowances 16. Allocation of allowances for 2013 to 2020 15 CHAPTER 4 Offshore installations 17. Powers of entry 16 18. Charging schemes 16 19. Charging schemes : supplementary 17 PART 3 Aviation CHAPTER 1 General 20. Interpretation 17 21. Civil Aviation Authority 18 CHAPTER 2 UK administered operators, UK aircraft operators and regulators 22. UK administered operators: power to designate 18 23.

3 Application to be designated as a UK administered operator 19 24. Transfers of operators between member States 19 25. Gibraltar operators 20 26. UK aircraft operators 21 27. Regulators: general 21 28. Regulators: assessment of Emissions 21 29. Regulators: change in registered office 22 CHAPTER 3 Allocation of aviation allowances 30. Allocation of aviation allowances 22 CHAPTER 4 Monitoring and reporting aviation Emissions 31. Interpretation 22 32. Application for an Emissions plan by a UK administered operator 22 33. Requirement to notify the regulator if an Emissions plan is not applied for 23 34. Issue of an Emissions plan 23 35. Monitoring and reporting Emissions 23 36. Emissions plan conditions 24 37. Variation of an Emissions plan 24 38. Variation of a benchmarking plan 24 CHAPTER 5 Sanctions (other than civil penalties) 39.

4 Detention and sale of aircraft 24 40. Aircraft operating bans 25 3 PART 4 Surrender of allowances 41. Surrender of allowances: operators of installations 25 42. Surrender of allowances: UK aircraft operators 25 PART 5 Enforcement etc. 43. Enforcement notices 25 44. Power to determine reportable Emissions 26 PART 6 Information 45. Provision of information 27 46. Disclosure of information 27 47. National security 28 PART 7 Civil Penalties 48. Interpretation 28 49. Carbon Price 28 50. Penalty notices 29 51. Discretion in imposing civil penalties 29 52. Carrying out a regulated activity contrary to regulation 9 30 53. Failure to comply with a condition of a permit 30 54. Failure to surrender allowances 30 55. Exceeding an Emissions target for an excluded installation 31 56.

5 Failure to pay a penalty for exceeding an Emissions target for an excluded installation 31 57. Under-reporting of Emissions from an excluded installation 31 58. Failure to notify when an excluded installation ceases to meet the criteria for being excluded 32 59. Failure to surrender a permit 32 60. Failure to submit or resubmit an application for an Emissions plan 32 61.

6 Failure to notify the regulator if an Emissions plan is not applied for 33 62. Failure to comply with a condition of an Emissions plan 33 63. Failure to monitor aviation Emissions 33 64. Failure to report aviation Emissions 33 65. Failure to provide assistance and advice 33 66. Failure to comply with a direction relating to an operating ban 33 67. Failure to return allowances 33 68. Failure to comply with an enforcement notice 34 69. Failure to comply with an information notice 34 70. Providing false or misleading information 34 71. Publication of names of persons subject to penalties under regulation 54(1) 34 4 PART 8 Appeals CHAPTER 1 General 72. Interpretation 35 73. Rights of appeal 35 74. Rights of appeal: registries 36 75. Appeal body 36 76. Effect of an appeal 36 77.

7 Determination of an appeal 37 CHAPTER 2 Appeals: Scotland and Northern Ireland 78. Procedure for appeals 37 PART 9 The Union Registry and the UK Registry 79. Interpretation 38 80. The Union Registry 38 81. The UK Registry 39 PART 10 Supplementary 82. Recovery of fees 40 83. Consequences of non-payment 40 84. Guidance 40 PART 11 Revocations, savings and transitional provisions. 85. Revocations 40 86. Savings and transitional provisions: the 2005 Regulations 41 87. Savings and transitional provisions: the 2010 Regulations 42 88. Transitional provisions: permits 43 89. Transitional provisions: aviation Emissions plans 44 SCHEDULE 1 Application to the Crown etc. 44 SCHEDULE 2 Notices etc. 45 SCHEDULE 3 Applications etc.

8 47 SCHEDULE 4 Permits 48 SCHEDULE 5 Excluded installations 54 SCHEDULE 6 Allocation and adjustment of allowances 60 SCHEDULE 7 Allocation of aviation allowances 69 SCHEDULE 8 Allocation of aviation allowances from the special reserve 71 SCHEDULE 9 Detention and sale of aircraft 73 5 SCHEDULE 10 Aircraft operating bans 78 SCHEDULE 11 Appeals to the Scottish Ministers 79 SCHEDULE 12 Appeals (Northern Ireland) 84 The Secretary of State is a Minister designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) in relation to the environment. In accordance with section 2(4) of the Pollution Prevention and Control Act 1999 ( the 1999 Act )(c), the Secretary of State has consulted the Environment Agency, the Scottish Environment Protection Agency, and such bodies or persons appearing to the Secretary of State to be representative of the interests of local government, industry, agriculture and small businesses, and such other bodies and persons, as the Secretary of State considers appropriate.

9 These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Secretary of State that it is expedient for the references to EU instruments in these Regulations to be construed as references to those instruments as amended from time to time. Accordingly the Secretary of State, in exercise of the powers conferred by sections 2 and 7(9) of and Schedule 1 to the 1999 Act(d) and by section 2(2) of the European Communities Act 1972, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(e), makes the following Regulations(f): PART 1 General Citation and commencement 1. These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme Regulations 2012 and come into force on 1st January 2013.

10 Duty to review these Regulations 2. (1) The Secretary of State must from time to time (a) carry out a review of these Regulations; (b) set out the conclusions of the review in a report; and (a) 2008/301. (b) 1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). (c) 1999 c. 24. (d) Paragraph 9A of Schedule 1 was inserted by 2005/925, and amended by 2012/2788, There are other amendments to Schedule 1 which are not relevant to these Regulations. (e) Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.)