Regulation 2 Amendment of the Climate Change AgreementsI1

(1)

An agreement entered into before F1IP completion day has effect as if—

(a)

the definition, if any, of “EU ETS Directive” were omitted;

(b)

for the definition, if any, of “technical annex”, there were substituted the definition contained in paragraph (2);

(c)

for each reference, if any, to “European Commission Guidelines on State Aid for Rescuing and Restructuring Firms in Difficulty (2004/C 244/02)”, there were substituted “ European Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01) ”;

(d)

for each reference, if any, to “regulations made for the purpose of implementing the EU ETS Directive”, there were substituted “ the Greenhouse Gas Emissions Trading Scheme Regulations 2012 M1 F2or the Greenhouse Gas Emissions Trading Scheme Order 2020, as amended from time to time, ”.

(2)

The definition contained in this paragraph, as referred to in paragraph (1)(b), is as follows—

““technical annex” means the technical annex to this Agreement dated 6th March 2013 and published by the Administrator or the Secretary of State, available via the Administrator's website M2, reading that technical annex as if—
(a)
in the fourth bullet of paragraph 3 (structural changes), “, as defined in Directive 2003/87/EC” were omitted;
(b)
in paragraph 5 (other changes), for “European Commission Community Guidelines on State Aid for Rescuing and Restructuring Firms in Difficult (2004/C 244/02)” there were substituted “ European Commission Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01) ”;
(c)
in Annex B (interpretation)—
(i)
before the definition of “carbon target”, there were inserted—
“
Annex 1 activities Activities listed in Annex 1 to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC M3 as it had effect immediately before F3IP completion day, reading that Annex as if—
(a)
for “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur, there were substituted “ in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 M4 or other domestic legislation which immediately before IP completion day implemented Directive 2009/31/EC M5 ”;
(b) in the section titled ‘Aviation’—
(i)
after “to which the Treaty applies”, there were inserted “ or the United Kingdom or Gibraltar ”;
(ii)
in point (a) and in point (j), after “a Member State”, there were inserted “ or the United Kingdom ”.
”;
(ii)
in the definition of “target facility”, for “Annex I activities as defined in the Emissions Trading Directive 2003/87/EC (as amended from time to time)” there were substituted “ Annex 1 activities ”;”.

Annotations

Textual amendments

F1: Words in reg. 2(1) substituted (31.12.2020 immediately before IP completion day) by The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/711), regs. 1(2), 2(2)(a)
F2: Words in reg. 2(1)(d) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 44(2)
F3: Words in reg. 2(2) substituted (31.12.2020 immediately before IP completion day) by The Climate Change Agreements, CRC Energy Efficiency Scheme and Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/711), regs. 1(2), 2(2)(b)

Marginal citations

M1: S.I. 2012/3038, as amended by S.I. 2013/755, 2013/1037, 2013/3135, 2014/3125, 2015/912, 2015/933, 2015/1388, 2015/1849, 2016/28, 2017/1207 and 2018/306 and S.R. 2016 No. 28.
M2: A hard copy of the technical annex dated 6 March 2013 is available from the Business Energy Use team, at the Department of Business, Energy and Industrial Strategy at 1 Victoria Street, London, SW1H 0ET.
M3: OJ L 275, 25.10.2003, p32. Annex 1 to Directive 2003/87/EC was replaced by Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p63), and amended by Regulation (EU) No 421/2014 of the European Parliament and of the Council of 16 April 2014 amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in view of the implementation by 2020 of an international agreement applying a single global market-based measure to international aviation emissions (OJ L 129, 30.4.2014, p1), Regulation (EU) 2017/2392 of the European Parliament and of the Council of 13 December 2017 amending Directive 2003/87/EC to continue current limitations of scope for aviation activities and to prepare to implement a global market-based measure from 2021 (OJ L 350, 29.12.2017, p7) and Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low carbon investments, and Decision (EU) 2015/1814 (OJ L 76, 19.3.2018, p3).
M4: 2008 c.32.
M5: Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p114).

Commencement

I1: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

Annex 1 activities	Activities listed in Annex 1 to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC M3 as it had effect immediately before F3IP completion day, reading that Annex as if—
	(a)	for “in a storage site permitted under Directive 2009/31/EC” in each place in which those words occur, there were substituted “ in a storage site permitted under Chapter 3 of Part 1 of the Energy Act 2008 M4 or other domestic legislation which immediately before IP completion day implemented Directive 2009/31/EC M5 ”;
	(b)	in the section titled ‘Aviation’—
	(i)		after “to which the Treaty applies”, there were inserted “ or the United Kingdom or Gibraltar ”;
	(ii)		in point (a) and in point (j), after “a Member State”, there were inserted “ or the United Kingdom ”.