Article 6a Approval of changes by UK ETS authorityF1

(1.)

This Article applies where the regulator:

(a)

determines the activity level or historical activity level of a sub-installation or calculates the preliminary or final annual number of allowances to be allocated in respect of a sub-installation for a scheme year under F2Article 3za or 3a; F3...

(b)

calculates an adjustment to free allocation in respect of a sub-installation for a scheme year under F4F5Article 3za, 5 or 6; or

(F6c)

does not calculate an adjustment to free allocation in respect of a heat or fuel benchmark sub-installation for a scheme year by virtue of paragraph 1 or 2 of Article 6.

(2.)

Subject to Article 3(8), the regulator must as soon as reasonably practicable send to the UK ETS authority:

(a)

the determination or calculation referred to in paragraph 1 F7(if any);

(b)

the regulator's recalculation of the final annual number of allowances to be allocated in respect of the installation of which the sub-installation is part for the scheme year, taking account of the determination, calculation or adjustment referred to paragraph 1 F8(if any);

(F9c)

where, in the case of a heat or fuel benchmark sub-installation, after consideration of the matters referred to in paragraph 1 or 2 of Article 6, the regulator either calculates an adjustment to free allocation in respect of the sub-installation or does not calculate an adjustment, the regulator’s assessment of those matters for consideration by the UK ETS authority under paragraph 3.

(3.)

The UK ETS authority must:

(a)

approve the final annual number of allowances to be allocated in respect of the installation for the scheme year, making any corrections to the activity level, historical activity level, preliminary annual number of allowances and final annual number of allowances F10, and any calculations in respect of a sub-installation referred to in paragraph 1(c), that the UK ETS authority considers appropriate; and

(b)

inform the regulator accordingly.

(4.)

The regulator must inform the operator of the installation of the final annual number of allowances approved.

Annotations

Textual amendments

F1: Art. 6a inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 9
F2: Words in Art. 6a(1)(a) substituted (2.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 17(2)(a)
F3: Word in Art. 6a(1)(a) omitted (1.1.2023) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(2)(a)
F4: Words in Art. 6a(1)(b) substituted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(2)(b)
F5: Words in Art. 6a(1)(b) substituted (2.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 17(2)(b)
F6: Art. 6a(1)(c) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(2)(c)
F7: Words in Art. 6a(2)(a) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(3)(a)
F8: Words in Art. 6a(2)(b) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(3)(b)
F9: Art. 6a(2)(c) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(3)(c)
F10: Words in Art. 6a(3)(a) inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 27(4)