Textual Amendments
F1Pt. 4A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 18
34A.—(1) The UK ETS authority must compile a table (an “allocation table”) for each allocation period as soon as reasonably practicable after approval under Article 16b of the Free Allocation Regulation of the final annual number of allowances to be allocated in respect of installations—
(a)in the case of the allocation table for the 2021-2025 allocation period, in respect of which a deemed application for free allocation in the 2021-2025 allocation period (as defined in Article 2(19) of that Regulation) is made;
(b)in the case of the allocation table for the 2026-2030 allocation period, in respect of which an application for free allocation in the 2026-2030 allocation period is made under Article 4 of that Regulation.
(2) The allocation table for the 2021-2025 allocation period must contain an entry for each relevant installation.
(3) For the purposes of paragraph (2), an installation is a “relevant” installation if—
(a)a deemed application for free allocation in the 2021-2025 allocation period (as defined in Article 2(19) of the Free Allocation Regulation) is made in respect of the installation that the UK ETS authority subsequently informs the regulator is valid; or
(b)an application for free allocation in the 2021-2025 allocation period is made in respect of the installation under Article 5(1)(a) of the Free Allocation Regulation that the UK ETS authority subsequently informs the regulator is valid.
(4) But an installation referred to in paragraph (3)(a) is not a “relevant” installation if—
(a)the installation is included in the hospital and small emitter list for 2021-2025 or the ultra-small emitter list for 2021-2025;
(b)the installation ceases operation (within the meaning of GGETSR 2012) on or before 31st December 2020; or
(c)the installation's permit (within the meaning of GGETSR 2012) is revoked under regulation 14 of GGETSR 2012 on or before that date.
(5) The allocation table for the 2026-2030 allocation period must contain an entry for each relevant installation.
(6) For the purposes of paragraph (5), an installation is a “relevant” installation if—
(a)an application for free allocation in the 2026-2030 allocation period is made in respect of the installation under Article 4 of the Free Allocation Regulation that the UK ETS authority subsequently informs the regulator is valid; or
(b)an application for free allocation in the 2026-2030 allocation period is made in respect of the installation under Article 5(1)(b) of the Free Allocation Regulation that the UK ETS authority subsequently informs the regulator is valid.
(7) But an installation referred to in paragraph (6)(a) is not a “relevant” installation if—
(a)the installation is included in the hospital and small emitter list for 2026-2030 or the ultra-small emitter list for 2026-2030;
(b)the installation ceases operation on or before 31st December 2025; or
(c)the installation's permit is revoked under paragraph 12 of Schedule 6 on or before that date.
(8) The entry for an installation must set out—
(a)the installation identifier used in the registry;
(b)for each scheme year in the allocation period, the final annual number of allowances to be allocated in respect of the installation for the scheme year, in 3 columns as follows (see article 34B)—
(i)column A (standard free allocation);
(ii)column B (new entrants' reserve);
(iii)column C (total).]