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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

The Greenhouse Gas Emissions Trading Scheme Regulations 2012 (S.I. 2012/3038) (“the 2012 Regulations”) implement Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community (OJ L 275, 25.10.2003, p. 32) (“the Directive”).

The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440) amend the 2012 Regulations to implement the amendments made to the Directive by Directive 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, p. 3).

These Regulations are made to correct errors in S.I. 2019/1440 and make some additional amendments as a consequence of those corrections. To the extent that S.I. 2019/1440 is already in force, the amendments are made to the 2012 Regulations; and otherwise they are made to S.I. 2019/1440.

These Regulations amend the definition of “the Northern Ireland Regulations” in the 2012 Regulations and correct references to those Regulations in the 2012 Regulations and in S.I. 2019/1440.

These Regulations amend the definition of “the Verification Regulation 2018” in the 2012 Regulations, as amended by S.I. 2019/1440, so that references to that Regulation are consistent throughout the 2012 Regulations.

These Regulations amend the commencement provision in S.I. 2019/1440 so that additional provisions are brought into force before the main coming into force date for that statutory instrument of 1st January 2021 and to provide that the amendments made by that instrument will remain operative for the duration of any implementation period following the UK’s exit from the European Union.

These Regulations correct some cross-references in amendments made by S.I. 2019/1440.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum is available with these Regulations on www.legislation.gov.uk. Copies have been placed in the Libraries of both Houses of Parliament.