
1 
These Regulations may be cited as the Greenhouse Gas Emissions Trading Scheme Charging Scheme Regulations (Northern Ireland) 2010 and shall come into operation on 7th May 2010.
2 
In these Regulations—
 ...
 “chief inspector” means the chief inspector constituted under regulation 8(3) of the Pollution Prevention and Control Regulations (Northern Ireland) 2003;
 “the Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC, as amended from time to time;
 “the Registries Regulation 2013” means Commission Regulation (EU) No 389/2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 290/204/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011, as amended from time to time;
 “greenhouse gas emissions permit” means a permit granted under regulation 9 of the 2005 Regulations.
 “trading scheme registry” means any registry operated by the Environment Agency for the purpose of meeting the obligations of the United Kingdom referred to in Articles 4(3) and 5(1) of the Registries Regulation 2013.
3 
Functions conferred by these regulations on the enforcing authority shall be functions of the chief inspector.
4 

(1) There shall be charged by and paid to the enforcing authority such fees and charges as may be prescribed by a scheme under paragraph (2) (whether by being specified in or made calculable under the scheme).
(2) ...
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) charges (“registry charges”) in respect of—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) the subsistence of such an account;
(iii) the updating of information provided to the Environment Agency in relation to such an account
(h) fees or charges in respect of any costs incurred by the enforcing authority in performing any functions conferred under or by virtue of regulations made for the purpose of implementing the Directive
(i) charges in respect of the subsistence of an account required to be held in the trading scheme registry by an aircraft operator (“aircraft operator registry charges”).
(3) A scheme under paragraph (2) may, in particular—
(a) provide for the times at which and the manner in which the payments required by the scheme are to be made (subject to the requirements in  regulations made for the purpose of implementing the Directive  as to the times at which payment is required); and
(b) make such incidental, supplementary and transitional provisions as appears to the Department to be appropriate.
(4) The Department, in framing a scheme under paragraph (2) shall, so far as practicable, secure that the fees and charges payable under the scheme are sufficient, taking one year with another, to cover the expenditure incurred by the enforcing authority in exercising  the functions referred to in paragraph (2)(h) .
5 

(1) If the Environment Agency (the Agency)—
(a) proposes to  prescribe registry charges, or to amend any provision for such charges included in a charging scheme made under section 41A of the Environment Act 1995  and
(b) notifies the Department of its proposals, the Department shall include in a scheme provision giving effect to the proposals.
(2) If the Agency revises any proposals of which it has given notification under sub-paragraph (1), and notifies the Department accordingly, the obligation imposed by that sub-paragraph applies in relation to the proposals as revised.
(3) A notification under sub-paragraph (1) or (2) shall include details of the amount of the proposed charges.
(4) The enforcing authority shall pass on to the Agency any  registry charges   that it receives.
Sealed with the Official Seal of the Department of the Environment on 13th April 2010
Denis McMahon
A senior officer of the Department of the Environment
