EU ETS legislation

EU legislation

  • EU Emissions Trading Directive 2003/87/EC
    Legal text of EU ETS which came into force on 25 October 2003.
  • Linking Directive (2004/101/EC)
    This Directive amends the EU Emissions Trading Directive 2003/87/EC to enable Member States to allow operators to use credits obtained through Kyoto Mechanisms (CERs - Certified Emissions Reductions and ERUs - Emission Reduction Units).
  • Aviation Directive 2008/101/EC
    This Directive amends the EU Emissions Trading Directive 2003/87/EC to include aviation from 2012. Monitoring of aviation emissions and benchmarking data began in January 2010. 
  • Directive 2009/29/EC (Phase III) 
    The final text for this Directive was agreed on 23 April 2009, amending Directive 2003/87/EC, to improve and extend the EU's emission allowance trading scheme. This will come into force in 2013. The revised EU ETS Directive forms part of the EU 2020 Climate & Energy Package agreed in December 2008. The Directive will be passed in two stages: Stage 1 on 31 December 2009, and Stage 2 by the end of 2012. 
     

Current UK regulations

Please see the consolidated current UK regulations.

  • The Greenhouse Gas Emissions Data and National Implementation Measures Regulations 2009 (Statutory Instrument 2009 No. 3130)
  • Greenhouse Gas Emissions Trading Scheme Regulations 2005 (Statutory Instrument 2005 No. 925)
  • (Amendment) Regulations 2005 (Statutory Instrument 2005 No. 2903) transpose the Linking Directive
  • (Amendment) Regulations 2006 (Statutory Instrument 2006 No. 737) transpose provisions for late entrants
  • (Amendment) Regulations 2007 (Statutory Instrument 2007 No. 465). These regulations give governments the power to sell allowances by auction or sale as envisaged in the NAP for the second phase of EU ETS
  • The Community Emissions Trading Scheme (Auctioning of allowances) Scheme 2009 sets out how auctions will be conducted and the terms governing participation. This replaces the 2008 scheme
  • (Amendment No.2) Regulations 2007 (Statutory Instrument 2007 No. 3433).
     
These regulations are available on the Office of Public Sector Information (OPSI) website.

Appeal determinations

The Secretary of State has heard and determined the following appeals made under the Greenhouse Gas Emissions Trading Scheme Regulations 2005:

The following appeals have been heard and determined by EU ETS Appeals Officers, to whom the Secretary of State for the Environment, Food and Rural Affairs (Defra) delegated the appellate function under Regulation 34(3) of and Schedule 3 to the Greenhouse Gas Emissions Trading Scheme Regulations 2005:



 

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