delete The Emissions Performance Standard (Amendment) Regulations 2022
Amendment to the Emissions Performance Standard Regulations 2015 that updates cross-references from EU law to the UK Greenhouse Gas Emissions Trading Scheme Order 2020 (GGETS Order), ensuring the EPS framework remains functional post-Brexit. The amendment clarifies reporting requirements for emissions before and after 1 January 2021, replacing references to EU regulations (Monitoring and Reporting Regulation 2012, Verification Regulation) with their UK-implemented equivalents.
This amendment perpetuates a command-and-control regulatory approach that restricts when and how fossil fuel power stations may operate based on arbitrary carbon intensity thresholds set by government rather than market signals. The EPS distorts energy markets by picking winners and losers, increasing costs for consumers without guaranteeing emissions reductions are achieved efficiently. A carbon pricing mechanism would achieve emissions objectives more effectively. Additionally, this amendment exemplifies the 'retained EU law' problem: inherited wholesale from EU legislation with no democratic review of whether the underlying regulatory approach serves British interests. The core EPS regime should be reconsidered rather than incrementally maintained through technical fixes.