{
  "url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-nitrous-oxide-regulations-2011/regulation-3",
  "json_url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-nitrous-oxide-regulations-2011/regulation-3.json",
  "legislation": "ukdsi/2011/9780111509494",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-nitrous-oxide-regulations-2011",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Amendments of the Greenhouse Gas Emissions Trading Scheme Regulations 2005",
  "text": "(1) The 2005 Regulations are amended as follows.\n(2) In regulation 2(1), for the definition of “approved NAP regulations” substitute—\n““approved NAP regulations” means, in relation to a scheme phase, regulations in force made by the Secretary of State specifying as the approved national allocation plan—\n(a) a national allocation plan developed for that scheme phase which has not been rejected by the European Commission or in relation to which the European Commission has accepted amendments in accordance with Article 9(3) of the Directive; or\n(b) a plan previously so specified which has been amended pursuant to an approval given by the European Commission under Article 24 of the Directive.”.\n(3) In regulation 21(2)—\n(a) for sub-paragraph (a) substitute—\n“(a) be based upon the approved national allocation plan for the relevant phase;”; and\n(b) in sub-paragraph (b), for “the national allocation plan” substitute “that plan”.\n(4) After regulation 22(1) insert—\n“(1A) However, an operator of an installation may not apply to the regulator under paragraph (1) for an allocation of allowances in respect of the production of nitric acid if any such production has been carried out at the installation prior to 30th June 2010.”.\n(5) In regulation 27A, after paragraph (2) insert—\n“(2A) An operator may not use CERs or ERUs to comply with an obligation relating to emissions of nitrous oxide.”.\n(6) In Part 1 of Schedule 1—\n(a) at the end of the first column of the table, insert “4.3 Activities of installations for the production of nitric acid”; and\n(b) at the corresponding place in the second column, insert “Nitrous oxide”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 2(1) was amended by SI 2005/2903, 2006/737, 2007/3433 and 2010/1513."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "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)."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Regulation 21 was amended by SI 2007/3433."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Regulation 22 was amended by SI 2006/737 and 2007/3433."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Regulation 27A was inserted by SI 2005/2903."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2011/9780111509494/regulation/3",
    "retrieved_at": "2026-10-30T14:53:44.677151+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}