CHAPTER IIIAllocation rules

Article 16F1Preliminary allocation at installation level for incumbent installations

F21.

Where the UK ETS authority informs the regulator under Article 15a(4)(b) that:

(a)

a deemed application for free allocation in the 2021-2025 allocation period is valid, the regulator must calculate the preliminary annual number of allowances to be allocated in respect of the installation for each scheme year in the 2021-2025 allocation period;

(b)

an application for free allocation in the F32027-2030 allocation period under Article 4 is valid, the regulator must calculate the preliminary annual number of allowances to be allocated in respect of the installation for each scheme year in the F32027-2030 allocation period.

2.

For the purpose of the calculation referred to in paragraph 1, F4the regulator shall first determine the preliminary annual number of emission allowances allocated free of charge for each sub-installation separately, as follows:

(a)

for product benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of that product benchmark for the relevant allocation period F5set out in Annex 8, multiplied by the relevant product-related historical activity level;

(b)

for heat benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the heat benchmark for measurable heat for the relevant allocation period F5set out in Annex 8, multiplied by the heat-related historical activity level for the consumption or export to non-ETS installations or other entities of measurable heat other than district heating;

(c)

for district heating sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the heat benchmark for measurable heat for the relevant allocation period F5set out in Annex 8, multiplied by the district heating-related historical activity level;

(d)

for fuel benchmark sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the value of the fuel benchmark for the relevant F6allocation period F5set out in Annex 8, multiplied by the fuel-related historical activity level for the fuel consumed;

(e)

for process emissions sub-installations, the preliminary annual number of emission allowances allocated free of charge for a given year shall correspond to the process-related historical activity level multiplied by 0,97.

F7...

3.

F8The factors determined in Annex V to this Regulation shall be applied to the preliminary annual number of emission allowances allocated free of charge determined for each sub-installation pursuant to paragraph 2 of this Article for the year concerned where the processes in those sub-installations serve sectors or subsectors F9other than those set out in the Annex to Commission Delegated Decision (EU) 2019/708.

By way of derogation from the first subparagraph, for district heating sub-installations, the factor to be applied shall be 0,3.

4.

Where the processes in the sub-installations referred to in paragraph 2 serve sectors or subsectors deemed to be exposed to a significant risk of carbon leakage F10set out in the Annex to Commission Delegated Decision (EU) 2019/708, the factor to be applied shall be 1.

5.

The preliminary annual number of emission allowances allocated free of charge for sub-installations that received measurable heat from sub-installations producing products covered by the nitric acid benchmark shall be reduced by the annual historical consumption of that heat during the relevant baseline periods, multiplied by the value of the heat benchmark for this measurable heat for the relevant allocation period F11set out in Annex 8.

F12In the case of an application for free allocation in the F132027-2030 allocation period under Article 4, the preliminary annual number of emission allowances allocated free of charge for product benchmark sub-installations for the relevant allocation period shall be reduced by the annual historical emissions stemming from waste gases flared, with the exception of safety flaring, and not used for the purpose of the production of measurable heat, non-measurable heat or electricity.

6.

The preliminary annual amount of emission allowances allocated free of charge for each installation shall be the sum of all sub-installations' preliminary annual numbers of emission allowances allocated free of charge calculated in accordance with paragraphs 2 to 5.

Where an installation encompasses sub-installations producing pulp (short fibre kraft pulp, long fibre kraft pulp, thermo-mechanical pulp and mechanical pulp, sulphite pulp or other pulp not covered by a product benchmark) exporting measurable heat to other technically connected sub-installations, the preliminary amount of emission allowances allocated free of charge shall, without prejudice to the preliminary annual numbers of emission allowances allocated free of charge for other sub-installations of the installation concerned, only take into account the preliminary annual number of emission allowances allocated free of charge, to the extent that pulp products produced by this sub-installation are placed on the market and not processed into paper in the same or other technically connected installations.

7.

When determining the preliminary annual amount of emission allowances allocated free of charge for each installation, F14the regulator shall ensure that emissions or activity levels are not double-counted and that the allocation is not negative. In particular, where an intermediate product that is covered by a product benchmark according to the definition of the respective system boundaries set out in Annex I is imported by an installation, emissions shall not be double-counted when determining the preliminary annual amount of emission allowances allocated free of charge for both installations concerned.

F158.

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9.

For the purpose of the calculations referred to in paragraphs 1 to F167, the number of allowances for sub-installations and installations shall be expressed as the nearest integer F17, taking 0.5 as nearest to the previous integer.

F1810.

The regulator must send the preliminary annual number of allowances calculated in respect of each installation and each sub-installation of each installation to the UK ETS authority as soon as reasonably practicable F19....

11.

The regulator must make any corrections to the calculation required by the UK ETS authority.

F2012.

In this Article and in Articles 19 to 22, as those Articles apply for the purpose of this Article, “relevant allocation period” means:

(a)

in the case of a deemed application for free allocation in the 2021-2025 allocation period, the 2021-2025 allocation period;

(b)

in the case of an application under Article 4 for free allocation in the 2027-2030 allocation period, the 2027-2030 allocation period.