EU ETS Phase III UK implementation—compliance, enforcement and appeals
EU ETS Phase III UK implementation—compliance, enforcement and appeals

The following Environment guidance note provides comprehensive and up to date legal information covering:

  • EU ETS Phase III UK implementation—compliance, enforcement and appeals
  • Brexit impact
  • Compliance
  • Penalties
  • Appeals

Originally produced in partnership with Navraj Singh Ghaleigh, Senior Lecturer in Climate Law, University of Edinburgh

The EU Emissions Trading System (EU ETS) is the largest ETS in the world by volume. The basic mode of operation, legal framework, allocation, scope and coverage of the EU ETS are considered in the following Practice Notes:

  1. Emissions trading—overview

  2. EU ETS Directive 2003/87/EC—snapshot

  3. EU Emissions trading system—outline

  4. EU ETS Phase III UK implementation—legal framework, key obligations and administration

  5. EU ETS Phase III UK implementation—regulated activities, operators, and installations

  6. EU ETS Phase III UK implementation—allocation of allowances and auctioning

  7. When is a greenhouse gas permit required?

On 22 November 2017 the Council of the EU announced endorsement of the provisional deal reached between the Estonian presidency and the European Parliament on 9 November 2017 on the reform of the EU ETS for the period after 2020 (Phase IV of EU ETS). The agreed text was approved by MEPs in a plenary vote in European Parliament on 6 February 2018. The text was formally approved by the Council of the EU on 27 February 2018 which was the final step in the legislative process. Directive 2018/410 was published in the Official Journal on 14 March 2018 and enters into force on 3 April 2018.

The revision will strengthen the EU ETS through the introduction of:

  1. a cap