Greenhouse Gas Emissions Trading Scheme Regulations 2005 (S.I. No. 925 of 2005).

These Regulations provide the framework for a greenhouse gas emissions trading scheme for the purpose of implementing Directive 2003/87/EC of the European Parliament and the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC. They control emissions of carbon dioxide from any of the activities listed in Schedule 1 to the Regulations. Regulation 2 provides for the Scottish Ministers, Department of the Environment in Northern Ireland and National Assembly for Wales to act as appropriate authority for installations situated in their area. Part 1 of the Regulations sets out general provisions. Regulation 2 contains definitions including designating the regulators for installations under the scheme. The other regulations in Part 1 deal with general matters such as the service of notices under the Regulations. Part 2 deals with the need for a permit to operate an installation covered by the Regulations (reg.7), the procedure for granting permits and the contents of permits (regs. 8 to 10) and the treatment of permits once granted (regs. 14 to 18). The conditions of permits (reg.10) must ensure that the emissions of the installation are properly monitored and reported. Regulation 11 enables an installation in respect of which the European Commission has provided for temporary exclusion to apply for a certificate excluding it from the scheme. Regulations 14 to 17 deal with the variation, transfer, surrender and revocation of permits. Part 3 deals with the allocation of allowances. Regulation 20 requires the Secretary of State to develop a national allocation plan for each phase of the scheme and Regulation 21 provides for the Secretary of State to make a final allocation decision. Regulations 22 to 24 set the framework for the allocation of allowances to installations which obtain a permit after the national allocation plan has been submitted to the European Commission and for the treatment of installations which cease to be covered by the scheme. Regulation 26 makes provisions consequential to the Registries Regulation. Regulation 27 enables operators of certain installations to apply to form a pool. Part 4 (regs. 28 to 31) contains the enforcement powers under the Regulations. Part 5 (regs. 32 to 34) and Schedules 2 to 4 provide for appeals against decisions of the regulator and for appeals for the appropriate authority, responsible authority or the Secretary of State to reconsider decisions under the Regulations. Part 6 (regs. 35 to 37) sets out information gathering powers and publicity requirements. Part 7 (regs. 38 to 41) sets out offences for contraventions of the Regulations and civil penalties where an operator fails to surrender sufficient allowances to cover its specified emissions. Part 8 (regs. 36 and 37) enables the appropriate authority to give directions and guidance to regulators and Part 9 (regs. 44 and 45) enables the Secretary of State to give directions and guidance to the registry administrator. Part 10 (reg.46) identifies powers under the Regulations which can be exercised only with the agreement of the devolved administrations in relation to installations situated in their area.