1.In its letter to the Department of 28th March 2018, the Joint Committee requested a memorandum on the following point:
Explain why regulation 2(3)(b) revokes the definitions of “the 2015 activities” and “the 2016 activities” when those expressions are used in paragraph (8)(a)(i) and (ii), as substituted by regulation 2(3)(e).
2.Prior to amendment, the Greenhouse Gas Emissions Trading Scheme Regulations 2012 used the defined terms “the 2015 activities” and “the 2016 activities” in a series of provisions which allowed for a derogation for aviation operators from requirements (such as to monitor, report and surrender emission allowances) in respect of flights between the EEA and other regions/countries. In each provision which allowed for the derogation, the activities commenced in the two years of 2015 and 2016 were referred to specifically by using the defined terms. The current Regulations extend that derogation so that it will additionally apply to activities commenced in each year from 2017 to 2023. To give effect to that, the concept of “the 2015 activities” and “the 2016 activities” has been replaced with the umbrella term “the relevant activities” which covers the years from 2015 to 2023. The definitions relating to specific years have consequently been removed. The Department felt that following the approach of the 2012 Regulations prior to amendment and referring to each year specifically in each provision allowing for the derogation would have been cumbersome.
3.In referring to the years 2015 and 2016 specifically where it was necessary to do so in paragraph (8)(a)(i) and (ii), the Department used the phrases “the 2015 activities” and “the 2016 activities” as one-off descriptors. In each case, the meaning of the phrase is clear without the need for further definition because it relates back to a longer description earlier in the same sentence. The Department accepts that using an alternative phrase, such as “the activities” or “these activities”, would have avoided the question of whether a definition is necessary, given that the phrase had been defined when used more widely in the 2012 Regulations. However, the Department is satisfied that in paragraph 8(a)(i) and (ii) the activities to which these expressions refer is clear and unambiguous, and that the provision achieves its purpose.
Department for Business, Energy and Industrial Strategy
9 April 2018
Published: 27 April 2018