Emissions Trading Scheme (Amendment) Regulations, 2010

L.N. 263 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

European Community Greenhouse Gas

Emissions Trading Scheme (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 9 of the

Environment Protection Act, hereinafter referred to as “the

Act”, the Minister for Resources and Rural Affairs has made the

following regulations:-

(1) The title of these regulations is the European

Community Greenhouse Gas Emissions Trading Scheme

(Amendment) Regulations, 2010 and they shall be read and

construed as one with the European Community Greenhouse Gas

Emissions Trading Scheme Regulations, 2005, hereinafter referred

to as “the principal regulations”.

(2) The scope of these regulations is to tranpose

Article 9a(2) of Directive 2003/87/EC as inserted by Article 1(10)

of Directive 2009/29/EC and Article 11 of Directive 2003/87/EC as

amended by Article 1(13) of Directive 2009/29/EC.

(1) Immediately after regulation 6 of the principal

regulations there shall be added the following new regulation

Adds new regulation 6A to the principal regulations.

(1) Operators of installations carrying out

“Emissions

data to be

activities listed in Annex I of Directive 2003/87/EC,

provided

which are only included in the Community’s scheme

by cetain

operators.

from 2013 onwards shall submit to the competent

authority duly substantiated and independently verified

emissions data.

(2) The competent authority shall notify the

European Commission of any duly substantiated data

submitted in terms of the last preceding sub-regulation

by 30 June 2010.

(3) In the case of installations emitting

greenhouse gases other than CO2, the competent

authority may notify a lower amount of emissions

according to the emission reduction potential of those

installations.”.

3. for regulation 10 of the principal regulations there shall

be substituted by the following

(1) For the five-year period beginning on

implementation

1st

January

2008, allocation and issuance of allowances

to the operator of each installation shall be based on

the National Allocation Plan developed for that period

pursuant to regulation 8. The competent authority shall

issue a proportion of the total quantity of allowances to

holders of greenhouse gas emissions permits for each

year of the period by 28th February of that year.

(2) For the eight-year period beginning

1st January 2013, the Minister shall ensure that a list

of installations covered by these regulations in Malta,

and any free allocation to each installation in Malta

calculated in accordance with the rules referred to in

Articles 10a(1) and 10c of Directive 2003/87/EC, are

published and submitted to the European Commission

by 30 September 2011.

(3) The competent authority shall, by 28th

February of each year, issue the quantity of allowances

that are to be allocated for that year pursuant to the last

preceding sub-regulation, calculated in accordance with

Articles 10, 10a and 10c of Directive 2003/87/EC.

(4) Allowances may not be issued free

of charge under the last preceding sub-regulation to

installations whose inscription in the list referred to in

sub-regulation 10(2) has been rejected by the European

Commission.”.

€0.19