{
  "url": "https://openlegislation.uk/eu-regulation-2019-331/article-15a",
  "json_url": "https://openlegislation.uk/eu-regulation-2019-331/article-15a.json",
  "legislation": "eur/2019/331",
  "legislation_title": "Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2019-331",
  "path": "article/15a",
  "kind": "article",
  "number": "15a",
  "heading": "Assessment of applications for free allocation by operators of incumbent installations",
  "text": "1. This Article applies ...:\n(a) where a deemed application for free allocation in the 2021-2025 allocation period has been made by the operator of an incumbent installation; or\n(b) 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 paragraphs 6, 7 and 7a of that Article.\n2. The regulator must send the information set out in paragraph 3 to the UK ETS authority:\n(a) where paragraph 1(a) applies, as soon as reasonably practicable after IP completion day;\n(b) where paragraph 1(b) applies, on or before 30 September 2025.\n3. The information is:\n(a) details of the installation, including details of any permit in force;\n(b) the information contained in the baseline data report submitted with the application;\n(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.\n4. The UK ETS authority must as soon as reasonably practicable:\n(a) assess the application for free allocation and, where relevant, the regulator's explanation under paragraph 3(c); and\n(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.\n5. 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.\n6. For the purposes of this Article, an application for free allocation is valid if:\n(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(b) the application is ... in accordance with this Regulation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "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))"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2019/331/article/15a",
    "retrieved_at": "2026-11-01T14:43:32.978234+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}