# The Greenhouse Gas Emissions Trading Scheme (Nitrous Oxide) Regulations 2011, Regulation 3: Amendments of the Greenhouse Gas Emissions Trading Scheme Regulations 2005


(1) The 2005 Regulations are amended as follows.
(2) In regulation 2(1), for the definition of “approved NAP regulations” substitute—
““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—
(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
(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.”.
(3) In regulation 21(2)—
(a) for sub-paragraph (a) substitute—
“(a) be based upon the approved national allocation plan for the relevant phase;”; and
(b) in sub-paragraph (b), for “the national allocation plan” substitute “that plan”.
(4) After regulation 22(1) insert—
“(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.”.
(5) In regulation 27A, after paragraph (2) insert—
“(2A) An operator may not use CERs or ERUs to comply with an obligation relating to emissions of nitrous oxide.”.
(6) In Part 1 of Schedule 1—
(a) at the end of the first column of the table, insert “4.3 Activities of installations for the production of nitric acid”; and
(b) at the corresponding place in the second column, insert “Nitrous oxide”.

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Source: https://www.legislation.gov.uk/ukdsi/2011/9780111509494/regulation/3 (the official version)
Page: https://openlegislation.uk/draft-greenhouse-gas-emissions-trading-scheme-nitrous-oxide-regulations-2011/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.