The Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011

Made: 15th June 2011

Coming into force in accordance with regulation 1(1)

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the environment.

In accordance with section 2(4) of the Pollution Prevention and Control Act 1999 (“the 1999 Act”) , 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.

In accordance with section 2(8) and (9)(d) of the 1999 Act and paragraph 2(2) of Schedule 2 to the European Communities Act 1972, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.

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 an EU instrument in these Regulations to be construed as references to that instrument as amended from time to time.

Accordingly the Secretary of State, in exercise of the powers conferred by section 2 of and Schedule 1 to the 1999 Act 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 , makes the following Regulations :

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011, and come into force on the day after the day on which they are made.

• (2) In these Regulations, “the 2005 Regulations” means the Greenhouse Gas Emissions Trading Scheme Regulations 2005 .

Specification of an amended approved national allocation plan

2

• (1) For the purposes of the 2005 Regulations, the document entitled “EU Emissions Trading Scheme: Approved Phase II National Allocation Plan 2008-2012”, as amended and published by the Secretary of State on the day on which these Regulations are made, is specified as the approved national allocation plan for the five year period beginning on 1st January 2008.

• (2) Regulation 2 of the Greenhouse Gas Emissions Trading Scheme (Miscellaneous Provisions) Regulations 2007 is revoked.

Amendments of the Greenhouse Gas Emissions Trading Scheme Regulations 2005

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Transitional provisions

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Saving provision

5

Except in relation to the allocation of allowances in respect of emissions of nitrous oxide from an installation for the production of nitric acid, any reference in the 2005 Regulations to the date on which the approved NAP regulations in relation to the second scheme phase enter into force continues to be a reference to 1st May 2007 .

Signed

Greg Barker — Minister of State — 2011-06-15

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: SI 2008/301.

[^f00002]: 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).

[^f00003]: 1999 c. 24.

[^f00004]: There are amendments to Schedule 1 which are not relevant to these Regulations.

[^f00005]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008.

[^f00006]: Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.

[^f00007]: SI 2005/925; relevant amendments are noted below.

[^f00008]: See the website of the Department of Energy and Climate Change at http://www.decc.gov.uk/publications/

[^f00009]: SI 2007/1096.

[^f00010]: Regulation 2(1) was amended by SI 2005/2903, 2006/737, 2007/3433 and 2010/1513.

[^f00011]: Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ No L 275, 25.10.2003, p 32). The Directive is amended by European Parliament and Council Directives 2004/101/EC (OJ No. L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).

[^f00012]: Regulation 21 was amended by SI 2007/3433.

[^f00013]: Regulation 22 was amended by SI 2006/737 and 2007/3433.

[^f00014]: Regulation 27A was inserted by SI 2005/2903.

[^f00015]: This is the date on which the Greenhouse Gas Emissions Trading Scheme (Miscellaneous Provisions) Regulations 2007 came into force (see regulation 2(2) of these Regulations).

[^f00016]: SI 2005/925; relevant amendments are noted above.

[^f00017]: See Article 1.30 of, and Annex I to, Directive 2009/29/EC; and see the transitional provision in Article 3.

[^f00018]: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ No L 184, 17.7.1999, p. 23); Article 5a was inserted by Council Decision 2006/512/EC (OJ No L 200, 2.7.2006, p 11).

[^f00019]: SI 2007/1096.

[^f00020]: Cm. 6485. Under Articles 6 and 12 of that Protocol to the UN Framework Convention on Climate Change, for the purpose of meeting its commitments under Article 3 of the Protocol, a Party included in Annex I may use emission reduction units (ERUs) resulting from projects aimed at reducing emissions (or enhancing sinks) of greenhouse gases, or make use of certified emissions reductions (CERs). Under Article 11a of the Directive, Member States are permitted to allow operators to use such units up to a percentage of the allocation of allowances to each installation.

Editorial notes

[^c20898081]: SI 2008/301.

[^c20898091]: 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).

[^c20898101]: 1999 c. 24.

[^c20898111]: There are amendments to Schedule 1 which are not relevant to these Regulations.

[^c20898121]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by S.I. 2007/1388 and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008.

[^c20898131]: Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to the Scottish Ministers of functions in relation to observing and implementing obligations under Community law in respect of devolved matters, any function of the Secretary of State in relation to any matter continues to be exercisable as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. And similarly, under paragraph 5 of Schedule 3 to the Government of Wales Act 2006 (c. 32), despite the transfer to the Welsh Ministers of functions under section 2 of the 1999 Act so far as exercisable in relation to Wales (except in relation to offshore oil and gas exploration and exploitation), those functions continue to be exercisable by the Secretary of State in relation to Wales for such purposes.

[^c20898141]: SI 2005/925; relevant amendments are noted below.

[^c20898151]: See the website of the Department of Energy and Climate Change at http://www.decc.gov.uk/publications/

[^c20898161]: SI 2007/1096.

[^c20898221]: This is the date on which the Greenhouse Gas Emissions Trading Scheme (Miscellaneous Provisions) Regulations 2007 came into force (see regulation 2(2) of these Regulations).

[^c20898231]: SI 2005/925; relevant amendments are noted above.

[^c20898241]: See Article 1.30 of, and Annex I to, Directive 2009/29/EC; and see the transitional provision in Article 3.

[^c20898251]: Council Decision 1999/468/EC laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ No L 184, 17.7.1999, p. 23); Article 5a was inserted by Council Decision 2006/512/EC (OJ No L 200, 2.7.2006, p 11).

[^c20898261]: SI 2007/1096.

[^c20898271]: Cm. 6485. Under Articles 6 and 12 of that Protocol to the UN Framework Convention on Climate Change, for the purpose of meeting its commitments under Article 3 of the Protocol, a Party included in Annex I may use emission reduction units (ERUs) resulting from projects aimed at reducing emissions (or enhancing sinks) of greenhouse gases, or make use of certified emissions reductions (CERs). Under Article 11a of the Directive, Member States are permitted to allow operators to use such units up to a percentage of the allocation of allowances to each installation.

[^key-76151e195fc80f0b0a943246da390f14]: Regs. 3, 4 revoked (1.1.2013) by The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038), regs. 1, 85(b)(viii) (with regs. 85, 87, Sch. 1)