Consultation outcome

Bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK

This consultation has concluded

Download the full outcome

Bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK: government response

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The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2017

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Detail of outcome

There was strong support for the proposal to bring forward the EU Emission Trading System 2018 compliance deadlines to before EU Exit. Additionally it was agreed at an EU officials’ meeting on 30 November 2017 that bringing forward the deadlines would mean that UK-issued 2018 allowances would be valid for compliance.

As a result the government proceeded to lay legislation on 6 December 2017, and the legislation entered into force on 27 December 2017. This ensures that UK-issued 2018 allowances will be valid for compliance.

Detail of feedback received

There were 94 responses to the consultation from, among others:

  • UK-regulated operators in the industry
  • the power and aviation sectors
  • “umbrella groups”.

Original consultation

Summary

We're seeking views on proposed changes to the EU Emissions Trading System (EU ETS) in the UK.

This consultation ran from
to

Consultation description

This consultation seeks views on a proposal to bring forward the 2018 compliance deadlines for UK operators in the EU ETS to before the date of EU Exit on 29 March 2019. These changes are intended to:

  • Provide clarity to EU ETS participants on the UK’s 2018 compliance obligations during the UK’s withdrawal from the EU.
  • Alleviate the negative impacts of an amendment to the EU ETS Directive, recently agreed by the European Parliament and Council, which stipulates that aviation and stationary operators will not be able to use allowances issued by a Member State in respect of which there are obligations lapsing. The stated objective of the amendment to the Directive is to protect the environmental integrity of the EU ETS in the event of a UK departure from the System in March 2019. This would mean that allowances issued by the UK in 2018 could not be used for compliance. However, bringing forward the 2018 compliance deadlines would mean that obligations for 2018 compliance would not be lapsing and it would therefore not be necessary to implement a measure which would have negative and disruptive effects on the smooth operation of the carbon market and on EU ETS participants.

The consultation is being conducted by the UK Government in its responsibilities as the Member State, for negotiating on the EU ETS with the EU. Policy responsibility for emissions trading within the UK is a devolved matter, and the UK Government will work with the Northern Ireland Executive, the Scottish Government and the Welsh Government to inform them of stakeholders’ views on this consultation, and consider our collective response.

We welcome responses from any organisation or individual but this consultation will be of particular interest to all UK-regulated EU ETS operators with obligations to comply in the power, aviation and industrial sectors.

Subject to responses to the consultation, we propose to lay legislation before Parliament in December with the intention that the changes take effect from 1 January 2018.

The measures proposed in this consultation are without prejudice to future decisions on the UK’s future relationship with the EU on the EU ETS.

Your responses

We hope that you will respond online here:

Bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK

If you prefer to send your response by post or email, please use the main postal and email address below, and if responding from Northern Ireland, Scotland and Wales, please copy your response to these addresses:

Location Postal Address Email
Northern Ireland Department of Agriculture, Environment and Rural Affairs
2nd Floor, Klondyke Building
1 Cromac Avenue
Gasworks Business Park
Belfast
BT7 2JA
Climate.Change@daera-ni.gov.uk
Scotland Climate Change Division
Scottish Government
1G Dockside
Victoria Quay
Edinburgh
EH6 6QQ
euets@scotland.gsi.gov.uk
Wales Carbon Trading and Climate Risk Branch
Department for Environment and Rural Affairs
Welsh Government
Floor 1 East Cathays Park
Cardiff
CF10 3NQ
decarbonisationmailbox@gov.wales

Documents

Consultation on bringing forward EU Emissions Trading System 2018 compliance deadlines in the UK

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Draft Statutory Instrument to amend Greenhouse Gas Regulations 2012

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Published 6 November 2017
Last updated 7 March 2018 + show all updates
  1. Government response published
  2. First published.