Office of Public Sector Information

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations contain provisions relating to large combustion plants (defined in regulation 2(1) of these Regulations) and a national emissions reduction plan which Member States may define and implement under Article 4(6) of Directive 2001/80 of the European Parliament and the Council on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ No L 309, 27.11.2001) (“the Directive”). The principal provisions are as follows.

Definitions of the terms used in the Regulations are contained in regulations 2 and 3.

Under regulation 4, the Secretary of State must publish a national emissions reduction plan (“the Plan”), but before doing so, must consult Scottish Ministers, the National Assembly for Wales and the Department of the Environment Northern Ireland.

Regulation 5 and Part 2 of Schedule 1 contain provisions about the provision of information by the Secretary of State concerning participating plants. (The term “participating plant” is defined in regulation 3.)

Under regulation 6, the Environment Agency must establish and maintain a register for the purposes of the Plan.

Regulation 7 contains provisions about the verification of the annual reports of the operators of participating plants.

Transfers of parts of emission allowances may be made under regulation 8. (The term “emission allowance” is defined in regulation 2(1).)

Regulation 9 provides for the calculation of the reduction of emission allowances where a regulator receives notification of closure of a participating plant. (The terms “notification of closure” and “regulator” are defined in regulation 9(4).)

Regulation 10 contains provisions about the derogation in footnote (2) of part A of Annex VI to the Directive. Provision is made about certain duties and costs of the Environment Agency in regulations 11 and 12. Schedule 2 contains consequential amendments.

A partial regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Air and Environment Quality Division, Department for Environment, Food and Rural Affairs, Area 3C Ergon House, 17 Smith Square, London SW1P 3JR and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.