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Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. No. 925 of 2005).

Country/Territory
United Kingdom
Document type
Regulation
Date
2005
Source
FAO, FAOLEX
Subject
Air & atmosphere
Keyword
Air quality/air pollution Emissions Environmental standards Pollution control Standards Protection of environment
Geographical area
Atlantic Ocean Islands, Europe, Europe and Central Asia, North Atlantic, North Sea, North-East Atlantic, Northern Europe
Entry into force notes
Coming into force on 21 April 2005
Abstract

These Regulations provide the framework for a greenhouse gas emissions trading scheme for the purpose of implementing Directive 2003/87/EC of the European Parliament and the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC. They control emissions of carbon dioxide from any of the activities listed in Schedule 1 to the Regulations. Regulation 2 provides for the Scottish Ministers, Department of the Environment in Northern Ireland and National Assembly for Wales to act as appropriate authority for installations situated in their area. Part 1 of the Regulations sets out general provisions. Regulation 2 contains definitions including designating the regulators for installations under the scheme. The other regulations in Part 1 deal with general matters such as the service of notices under the Regulations. Part 2 deals with the need for a permit to operate an installation covered by the Regulations (reg.7), the procedure for granting permits and the contents of permits (regs. 8 to 10) and the treatment of permits once granted (regs. 14 to 18). The conditions of permits (reg.10) must ensure that the emissions of the installation are properly monitored and reported. Regulation 11 enables an installation in respect of which the European Commission has provided for temporary exclusion to apply for a certificate excluding it from the scheme. Regulations 14 to 17 deal with the variation, transfer, surrender and revocation of permits. Part 3 deals with the allocation of allowances. Regulation 20 requires the Secretary of State to develop a national allocation plan for each phase of the scheme and Regulation 21 provides for the Secretary of State to make a final allocation decision. Regulations 22 to 24 set the framework for the allocation of allowances to installations which obtain a permit after the national allocation plan has been submitted to the European Commission and for the treatment of installations which cease to be covered by the scheme. Regulation 26 makes provisions consequential to the Registries Regulation. Regulation 27 enables operators of certain installations to apply to form a pool. Part 4 (regs. 28 to 31) contains the enforcement powers under the Regulations. Part 5 (regs. 32 to 34) and Schedules 2 to 4 provide for appeals against decisions of the regulator and for appeals for the appropriate authority, responsible authority or the Secretary of State to reconsider decisions under the Regulations. Part 6 (regs. 35 to 37) sets out information gathering powers and publicity requirements. Part 7 (regs. 38 to 41) sets out offences for contraventions of the Regulations and civil penalties where an operator fails to surrender sufficient allowances to cover its specified emissions. Part 8 (regs. 36 and 37) enables the appropriate authority to give directions and guidance to regulators and Part 9 (regs. 44 and 45) enables the Secretary of State to give directions and guidance to the registry administrator. Part 10 (reg.46) identifies powers under the Regulations which can be exercised only with the agreement of the devolved administrations in relation to installations situated in their area.

Full text
English
Website
www.opsi.gov.uk

References - Legislation

Implements

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.

Legislation | European Union | 2003 (2023)

Keyword: Pollution control, Air quality/air pollution, Ozone layer, Climate change, Emissions, Authorization/permit, Policy/planning, Monitoring, Data collection/reporting, Environmental standards, Emissions trading, Capacity building, Financing, Renewable energy, Research, Standards, Protection of environment, Afforestation/reforestation, Forest management/forest conservation

Source: FAO, FAOLEX

Pollution Prevention and Control Act 1999 (Chapter 24).

Legislation | United Kingdom | 1999 (2020)

Keyword: Pollution control, Institution, Waste management, Waste disposal

Source: FAO, FAOLEX

Repeals

Greenhouse Gas Emissions Trading Scheme Regulations 2003 (S.I. No. 3311 of 2003).

Legislation | United Kingdom | 2003

Keyword: Air quality/air pollution, Emissions, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Amended by

Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005 (S.I. No. 2903 of 2005).

Legislation | United Kingdom | 2005

Keyword: Air quality/air pollution, Emissions, Monitoring, Data collection/reporting, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2006 (S.I. No. 737 of 2006).

Legislation | United Kingdom | 2006

Keyword: Air quality/air pollution, Emissions, Monitoring, Data collection/reporting, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2007 (S.I. No. 465 of 2007).

Legislation | United Kingdom | 2007

Keyword: Air quality/air pollution, Emissions, Monitoring, Data collection/reporting, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Greenhouse Gas Emissions Trading Scheme (Amendment No. 2) Regulations 2007 (S.I. No. 3433 of 2007).

Legislation | United Kingdom | 2007

Keyword: Air quality/air pollution, Emissions, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011 (S.I. No. 2911 of 2011).

Legislation | United Kingdom | 2011

Keyword: Air quality/air pollution, Emissions, Monitoring, Environmental fees/charges, Environmental standards, Pollution control, Standards, Protection of environment

Source: FAO, FAOLEX

Environment (Northern Ireland) Order 2002 (Amendment) Regulations (Northern Ireland) 2010 (S.R. No. 92 of 2010).

Legislation | United Kingdom | 2010

Keyword: Air quality/air pollution, Emissions, Environmental fees/charges, Climate change, Pollution control

Source: FAO, FAOLEX

Greenhouse Gas Emissions Trading Scheme (Amendment) (Charging Schemes) Regulations 2012 (S.I. No. 2788 of 2012).

Legislation | United Kingdom | 2012

Keyword: Emissions, Emissions trading, Institution, Energy conservation/energy production, Environmental fees/charges

Source: FAO, FAOLEX

Repealed by

Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. No. 3038 of 2012).

Legislation | United Kingdom | 2012

Keyword: Air quality/air pollution, Emissions, Emissions trading, Climate change, Ozone layer, Monitoring, Environmental standards, Inspection, Pollution control, Standards, Protection of environment, Energy conservation/energy production, Policy/planning

Source: FAO, FAOLEX