Updates to legislation in Weston Online
The following regulations relating to EU and UK Emissions Trading have now been updated in Weston OnLine:
– S.I. 2020/1265 The Greenhouse Gas Emissions Trading Scheme Order 2020 [Fully Consolidated as of 22nd January 2021]
– S.I. 2012/3038 The Greenhouse Gas Emissions Trading Scheme Regulations 2012 [Fully Consolidated as of 22nd January 2021]
– EU Retained Regulation 2018/2066 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012. [Fully Consolidated as of 22nd January 2021]
– EU Regulation 601/2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council [Fully Revoked by EU Regulation 2018/2066]
Please note that if you have a Compass Operations Register that contains these regulations you will have received notifications of changes in clauses with a rationale entered at the global level or marked as complete. All Compass Users should have received a revocation notification email for EU Regulation 601/2012 yesterday.
Future UK ETS Guidance
BEIS is planning to release ‘How to Comply’ guidance in early 2021 to help advise operators and facilitate their compliance obligations with the UK ETS.
Note on amendments made to S.I. 2012/3038 The Greenhouse Gas Emissions Trading Scheme Regulations 2012 by S.I. 2020/1369 The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020
S.I. 2012/3038 has been amended by Part 2 of S.I. 2020/1369 to provide for the continued membership of the EU emissions trading system for generators of electricity for the wholesale market in Ireland/Northern Ireland, by limiting the ongoing application of the 2012 Regulations to that electricity generation.
As UK operators are still required to comply with the EU ETS until April 2021, Part 3 of S.I. 2020/1369 provides for the ongoing application, with modifications, of the 2012 regulations in relation to greenhouse gas emissions on or before 31st December 2020.
As Part 3 only ‘modifies’ the application of the 2012 regulations there is no requirement to alter the text. Therefore operators will need to read Part 3 here if they wish to have a full understanding of the current legal status of S.I. 2012/3038 during this interim period.
BEIS has published the policy paper ‘EU ETS obligations and access to EU registries systems in 2021‘ to assist operators in complying with their obligations under the EU ETS relating to the 2020 scheme year, which ends on 30th April 2021.
Other additional ETS documents from BEIS (already published in previous Weston bulletins) include:
BEIS OPRED Communications Notification – Update on EU ETS transition to UK ETS