Article 15a Assessment of applications for free allocation by operators of incumbent installationsF1

This Article applies F2...:

(a)

F3where a deemed application for free allocation in the 2021-2025 allocation period has been made by the operator of an incumbent installation; or

(F4b)

in a case where the first and second stages of an application under Article 4 for free allocation in the 2027-2030 allocation period have been completed by the operator of an incumbent installation, as set out in F5paragraphs 6, 7 and 7a of that Article.

The regulator must send the information set out in paragraph 3 to the UK ETS authority:

(a)

where paragraph 1(a) applies, as soon as reasonably practicable after IP completion day;

(b)

where paragraph 1(b) applies, on or before 30 September F62025.

The information is:

(a)

details of the installation, including details of any permit in force;

(b)

the information contained in the baseline data report submitted with the application;

(c)

the historical activity levels (if any) of the installation and each sub-installation determined under Article 15 or, if the regulator has not determined historical activity levels by virtue of Article 15(2), the regulator's explanation.

The UK ETS authority must as soon as reasonably practicable:

(a)

assess the application for free allocation and, where relevant, the regulator's explanation under paragraph 3(c); and

(b)

inform the regulator whether or not the application is valid, making any corrections to the historical activity levels that the UK ETS authority considers appropriate.

Where the application is not valid, the regulator must give notice to the operator of the installation of that fact and the reasons for it.

For the purposes of this Article, an application for free allocation is valid if:

F7(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the application is F8... in accordance with this Regulation.

Annotations

Textual amendments

F1: Art. 15a inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 1 para. 18
F2: Word in Art. 15a(1) omitted (31.3.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 41(2)(a)
F3: Word in Art. 15a(1)(a) inserted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 41(2)(b)
F4: Art. 15a(1)(b) substituted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 41(2)(c)
F5: Words in Art. 15a(1)(b) substituted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 18(2)
F6: Word in Art. 15a(2)(b) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 13(2)
F7: Art. 15a(6)(a) omitted (E.W.S.) (1.1.2024 immediately after S.I. 2023/850 comes into force) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 (S.I. 2023/1387), arts. 2(1), 17(2)(a) (which amendment was extended to N.I. (1.1.2025) by virtue of S.I. 2024/1366, arts. 2(2)(a), 45(2))
F8: Word in Art. 15a(6)(b) omitted (E.W.S.) (1.1.2024 immediately after S.I. 2023/850 comes into force) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 (S.I. 2023/1387), arts. 2(1), 17(2)(b) (which amendment was extended to N.I. (1.1.2025) by virtue of S.I. 2024/1366, arts. 2(2)(a), 45(2))

Notes on the whole EU Regulation

Textual amendments

F1: Words in Regulation substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 1 para. 2