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Proposed Negative
Published 17 October 2018
ESIC: No upgrade
SLSC: No upgrade
The GOO Regulations provide for the Secretary of State for Business, Energy and Industrial Strategy (in Great Britain) and the Department for the Economy (in Northern Ireland) to issue guarantees of origin (“GOOs”) in respect of electricity generated from high - efficiency cogeneration sources (referred to as combined heat and power or CHP) in the UK, when requested to do so by generators. The GOO Regulations also require public bodies in Great Britain and in Northern Ireland to (1) recognise GOOs issued in the UK and in other Member States of the EU (“EU GOOs”) unless requested not to by the issuing authority or where satisfied that there is a good reason to doubt the accuracy, reliability or veracity of the GOO; (2) notify the European Commission if the public body decides not to recognise a n EU GOO; and (3) comply with Commission decisions about whether an EU GOO should be recognised.
After the UK leaves the EU, the European Commission will have no jurisdiction in respect of the UK. Accordingly, the Commission will no longer have a role in the recognition of EU GOOs by UK public authorities, and this is made clear in the GOO Regulations.
The GOO Regulations no longer require UK public authorities to notify the European Commission if a public authority decides not to recognise an EU GOO or for UK public authorities to comply with Commission decisions about whether an EU GOO should be recognised if there is a dispute about the EU GOO’s validity between the holder of the GOO and a UK public authority.
Public authorities in Great Britain and in Northern Ireland will continue to be required to recognise GOOs issued in the UK and EU GOOs (with limited exceptions)
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