The Carbon Accounting (Provision for 2019) Regulations 2021
| Jurisdiction | UK Non-devolved |
2021 No. 189
Climate Change
The Carbon Accounting (Provision for 2019) Regulations 2021
Made 24th February 2021
Laid before Parliament 26th February 2021
Coming into force 24th March 2021
The Secretary of State, in exercise of the powers conferred by sections 26(2), 27(3) and (4) and 90(3) of the Climate Change Act 2008 (“the Act”)1, makes the following Regulations.
The Secretary of State, before making these Regulations, has consulted with the Scottish Ministers, the Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland, in accordance with section 28(4)(b) of the Act.
Citation and commencement
1. These Regulations may be cited as the Carbon Accounting (Provision for 2019) Regulations 2021 and come into force on 24th March 2021.
Interpretation
2.—(1) In these Regulations—
“the 2009 Regulations” means the Carbon Accounting Regulations 20092;
“aerodrome” has the same meaning as in article 4(4) of the Climate Change Act 2008 (2020 Target, Credit Limit and Definitions) Order 20093;
“the domestic aviation cap” means the figure produced as a result of carrying out the calculation set out in paragraph 2 of the Schedule to these Regulations;
“domestic aviation emissions” means the emissions of carbon dioxide arising from any aircraft during taking off, flying and landing when the aerodrome from which the aircraft takes off and the aerodrome at which the aircraft next lands are both located in the United Kingdom.
(2) In calculating domestic aviation emissions and the domestic aviation cap, the Secretary of State must use such data about aviation emissions as appear to the Secretary of State to be the best available data.
Crediting and debiting of carbon units as a result of the operation of the EU Emissions Trading Scheme in respect of installations during 2019
3. If, in accordance with the Greenhouse Gas Emissions Trading Scheme Regulations 20124, the amount of carbon units surrendered by operators of installations5in the United Kingdom in respect of 2019 was—
(a) greater than 104,424,206, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2019;
(b) less than 104,424,206, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2019.
Crediting and debiting of carbon units to take into account domestic aviation emissions during 2019
4. If domestic aviation emissions in 2019 were—
(a) greater than the domestic aviation cap, an amount of carbon units equal to the difference is to be credited to the net UK carbon account in respect of 2019;
(b) less than the domestic aviation cap, an amount of carbon units equal to the difference is to be debited from the net UK carbon account in respect of 2019.
Duty to cancel carbon units credited to the net UK carbon account in respect of 2019
5.—(1) The Secretary of State must, during a period beginning on 1st January 2023 and ending on 15th May 2024, ensure that each carbon unit credited to the net UK carbon account in respect of 2019 under regulation 5 of the 2009 Regulations is cancelled.
(2) A carbon unit is cancelled for the purpose of this regulation if an operation is performed in relation to it equivalent to the operation of cancellation or deletion under Commission Regulation (EU) No 389/2013of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/ECof the European Parliament and of the Council, Decisions No 280/2004/ECand No 406/2009/ECof the European Parliament and of the Council and repealing Commission Regulations ...
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