Paragraph 8 Article 4 amended (application for free allocation in 2026-2030 allocation period by operators of incumbent installations)I1

United Kingdom

(1)

Article 4 is amended as follows.

(2)

In the heading after “allocation” insert “ in 2026-2030 allocation period ”.

(3)

For paragraph 1 substitute—

“1
The operator of any of the following installations may apply to the regulator for free allocation in the 2026-2030 allocation period:
(a)
an installation for which a permit is issued on or before 30 June 2024;
(b)
an installation that is an ultra-small emitter for the 2024 scheme year;
(c)
an installation for which an application for a permit has been made but not yet determined.
1A
An application:
(a)
may not be made before 1 April 2024;
(b)
must be made on or before 30 June 2024.”.

(4)

In paragraph 2—

(a)

in point (a)—

(i)

for “verified as satisfactory in accordance with measures adopted pursuant to Article 15 of Directive 2003/87/EC” substitute “ verified in accordance with the Verification Regulation 2018 ”;

(ii)

omit “relating to the allocation period to which the application relates”;

(b)

in point (b)—

(i)

at the beginning insert “ except where a monitoring methodology plan has already been approved in relation to the installation under Article 8, ”;

(ii)

after “in accordance with” insert “ Article 8 and ”;

(c)

for point (c) substitute—

“(c)
the verification report on the baseline data report, which (unless the monitoring methodology plan has already been approved by the regulator) must contain the confirmation relating to the plan referred to in Article 27(3)(f) of the Verification Regulation 2018.”.

(5)

After paragraph 2 insert—

“3
Where an application is made in respect of an installation referred to in paragraph 1(c), the application must be treated as never having been made unless the permit is issued on or before 30 June 2024.
4
An application may be made under this Article and under either of the following at the same time:
(a)
paragraph 5 of Schedule 7 to the UK ETS Order (obtaining hospital or small emitter status for 2026-2030 allocation period);
(b)
paragraph 3 of Schedule 8 to that Order (obtaining ultra-small emitter status for 2026-2030 allocation period).”.

Annotations

Commencement

I1: Sch. 1 para. 8 in force at 31.12.2020 on IP completion day, see art. 2(2)(a)