European Communities (Greenhouse Gas Emissions Trading) Regulations, 2004

• Jurisdiction: Ireland
• Citation: IR SI 437/2004
• Year: 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2003/87/EC1 , of the European Parliament and of the Council of 13th October 2003, establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC2 , hereby makes the following Regulations:—
	Citation	1. These Regulations may be cited as the European Communities (Greenhouse Gas Emissions Trading) Regulations 2004.
	Definitions	2. (1) In these Regulations—
“the 1992 Act” means the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“the 1996 Act” means the Waste Management Act 1996 (No. 10 of 1996);
“the 2003 Act” means the Protection of the Environment Act 2003 (No. 27 of 2003);
“the Agency” means the Environmental Protection Agency established under Section 19 of the Environmental Protection Agency Act 1992 (No. 7 of 1992);
“allocate” means the intention to issue allowances as indicated in the final decision as notified to the Commission under article 9;
“allowance” means an allowance to emit 1 tonne of carbon dioxide equivalent during a specified period, which shall be valid only for the purposes of meeting the requirements of these Regulations and shall be transferable in accordance with the provisions of these Regulations;
“the Commission” means the Commission of the European Communities;
“Commission's Monitoring and Reporting Guidelines” means Commission Decision 2004/156/EC establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council;3
“Community scheme” means the scheme for greenhouse gas emission allowance trading within the European Community provided for in the Directive;
“competent authority” means, in respect of Ireland, the Agency, and in respect of other Member States of the European Communities, any competent authority specified in the national law of that State as notified by the Commission;
“directive” means Directive 2003/87/EC of the European Parliament and of the Council of 13th October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC;
“emissions” means the release of greenhouse gases into the atmosphere from sources in an installation;
“greenhouse gases” means the gases listed in Schedule 2;
“greenhouse gas emissions permit” means a permit granted under article 6;
“installation” means a stationary technical unit where one or more activities listed in Schedule 1 may be carried out on or after 1st January 2005 and any other directly associated activities which have a technical connection with the said activities on that site and which could have an effect on emissions and pollution, and references to an installation include references to part of an installation;
“the Minister” means the Minister for the Environment, Heritage and Local Government;
“new entrant” means any installation carrying out one or more of the activities indicated in Schedule 1 which has obtained a greenhouse gas emissions permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or an extension of the installation subsequent to the notification to the Commission of the national allocation plan in accordance with article 9;
“operator” means any person who operates or controls an installation or to whom decisive economic power over the technical functioning of the installation has been delegated;
“person” means any natural or legal person;
“pilot period” means the three-year period beginning on 1st January 2005;
“Kyoto period” means the five-year period beginning on 1st January 2008;
“the public” means one or more persons and associations, organisations or groups of persons; and
“tonne of carbon dioxide equivalent” means one metric tonne of carbon dioxide (CO2) or an amount of any other greenhouse gas listed in Schedule 2 with an equivalent global-warming potential.
(2) In these Regulations—
(a) where an installation has not been put into operation, the person who will have control over the operation of the installation when it is put into operation shall be treated as the operator of the installation; and
(b) where an installation has ceased to be in operation, the person who holds the greenhouse gas emissions permit which applies to the Schedule 1 activities carried out in the installation shall be treated as the operator of the installation.
(3) In these Regulations—
(a) a reference to an article or sub-article which is not otherwise identified is a reference to an article or sub-article of these Regulations;
(b) a reference to a Schedule which is not otherwise identified is a reference to a Schedule to these Regulations; and
(c) a letter, word, phrase or symbol which has been assigned a meaning by the Directive, or is used in the Directive, has that meaning where the context requires except where otherwise indicated.
(4) In these Regulations, a reference to an enactment shall be construed as a reference to that enactment as amended by a subsequent enactment, including these Regulations.
(5) Installations or parts of installations used exclusively for research, development and testing of new products and processes are not covered by these Regulations.
	Objective and Scope	3. (1) These Regulations provide for the implementation in Ireland of a scheme for greenhouse gas emission allowance trading within the European Community in order to promote reductions of greenhouse gas emissions in a cost effective and economically efficient manner.
(2) These Regulations apply to emissions from the activities listed in Schedule 1 and greenhouse gases listed in Schedule 2.
	Greenhouse Gas Emissions Permits	4. No person shall carry out an activity listed in Schedule 1 resulting in emissions specified therein on or after 1st January 2005, except under and to the extent authorised by a greenhouse gas emissions permit issued by the Agency pursuant to these Regulations.
	Applications for Greenhouse Gas Emissions Permits	5. An application to the Agency for a greenhouse gas emissions permit shall include a description of:
(a) the installation and its activities, including the technology used;
(b) the raw and auxiliary materials, the use of which is likely to lead to emissions of gases listed in Schedule 1;
(c) the sources of emissions of gases listed in Schedule 1 from the installation;
(d) the measures planned to monitor and report emissions in accordance with article 14;
(e) any other appropriate information requested by the Agency; and
(f) a non-technical summary of the details referred to in the preceding paragraphs of this article.
	Conditions for and Contents of Greenhouse Gas Emissions Permits	6. (1) As soon as practicable after receipt of an application in accordance with article 5, the Agency shall issue a greenhouse gas emissions permit to the operator granting authorisation to emit greenhouse gases from an installation if the Agency is satisfied the operator complies with the conditions of these Regulations and is capable of monitoring and reporting emissions.
(2) A greenhouse gas emissions permit may cover one or more installations on the same site operated by the same operator.
(3) Greenhouse gas emissions permits shall contain the following:—
(a) the name and address of the operator;
(b) a description of the activities at and emissions from the installation;
(c) monitoring requirements, specifying monitoring methodology and frequency;
(d) reporting requirements;
(e) requirements to notify the Agency;
(f) an obligation to surrender allowances equal to the total emissions of the installation in each calendar year, commencing on 1st January 2005, as verified in accordance with article 15, within four months following the end of that year, and
(g) requirements to pay penalties for non-compliance under paragraph (f) above.
	Changes relating to installations	7. (1) The operator shall inform the Agency of any changes planned in the nature or functioning, or an extension, of the installation which may require updating of the greenhouse gas emissions permit and where appropriate, the Agency shall update the greenhouse gas emissions permit accordingly.
(2) Where there is a change in the identity of the installation's operator, the Agency shall update the greenhouse gas emissions permit to include the name and address of the new operator.
	Coordination with Integrated Pollution Prevention and Control Licensing	8. (1) The Agency shall ensure that where installations carry out activities that are included in Schedule 1 to the 2003 Act, the conditions of, and procedure for the issue of, a greenhouse gas emissions permit are coordinated with those for integrated pollution prevention and control licences provided for in the 1992 Act and the 1996 Act.
(2) The Agency may integrate the requirements of articles 5, 6 and 7 into the procedures for integrated pollution prevention and control licensing provided for in the 1992 Act and the 1996 Act.
	National Allocation Plan	9. (1) In respect of each period specified in sub-article 2, the Agency shall develop a National Allocation Plan setting out the total quantity of allowances to be allocated for that period and how such allowances are to be allocated, in accordance with any direction provided by the Minister, including in relation to the total quantity of allowances available for allocation, and on the basis of objective and transparent criteria, including those listed in Schedule 3.
(2) The periods in respect of which national allocation plans shall be developed shall be:—
(a) the three year pilot period...