OpenLegislation

Article 2 Definitions

United Kingdom

Original text. Later amendments are not shown.

F1(1.)

For the purposes of this Regulation, the following definitions shall apply:

  1. (1)

    ‘average activity level’ means, for each sub-installation, the arithmetic mean of the related annual activity levels for the two calendar years preceding the submission of a report referred to in Article 3(1);

  2. (2)

    ‘incumbent installation’ means incumbent installation as defined in Article 2(1) of Delegated Regulation (EU) 2019/331;

  3. (3)

    ‘heat benchmark sub-installation’ means heat benchmark sub-installation as defined in Article 2(3) of Delegated Regulation (EU) 2019/331;

  4. (4)

    ‘fuel benchmark sub-installation’ means fuel benchmark sub-installation as defined in Article 2(6) of Delegated Regulation (EU) 2019/331;

  5. (5)

    F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  6. (6)

    F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  7. (7)

    F4‘Delegated Regulation (EU) 2019/331’ means the Free Allocation Regulation (as defined in the UK ETS Order);

  8. (8)

    ‘emission allowance’ means an allowance (as defined in the UK ETS Order);

  9. (9)

    ‘Implementing Regulation (EU) 2018/2067’ means the Verification Regulation 2018 (as defined in the UK ETS Order);

  10. (10)

    ‘UK ETS Order’ means the Greenhouse Gas Emissions Trading Scheme Order 2020.

F5(2.)

Expressions used in this Regulation that are defined for the purposes of the UK ETS Order or the Free Allocation Regulation have the meaning given in that Order or Regulation.

(F63.)

For the purposes of this Regulation, a sub-installation has ceased operation if all operations have permanently ceased at the sub-installation (see Article 2a (sub-installation to be treated as ceasing operation: regulator’s notice) for circumstances in which a sub-installation must be treated as having ceased operation).

(4.)

For the purpose of this Regulation, the number of allowances to be allocated in respect of sub-installations and installations must be expressed as the nearest integer, taking 0.5 as nearest to the previous integer.

Annotations

Textual amendments

F1

Art. 2 renumbered as Art. 2(1) (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 3(2)

F2

Art. 2(1)(5) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 3(3)(a)

F3

Art. 2(1)(6) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 3(3)(a)

F4

Arts. 2(1)(7)-(10) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 3(3)(b)

F5

Art. 2(2)-(4) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 3(4)

F6

Art. 2(3) substituted (2.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 11(2)