{
  "url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026/article-21",
  "json_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026/article-21.json",
  "legislation": "uksi/2026/278",
  "legislation_title": "The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026",
  "legislation_url": "https://openlegislation.uk/greenhouse-gas-emissions-trading-scheme-amendment-order-2026",
  "path": "article/21",
  "kind": "article",
  "number": "21",
  "heading": "Article 16b amended (final allocation at installation level for incumbent installations)",
  "text": "(1) Article 16b is amended as follows.\n(2) In paragraph 1(a)(ii) after “scheme year in the 2027-2030 allocation period” insert “subject to paragraph 1a”.\n(3) After paragraph 1 insert—\n“1a. Where Article 16(1a) applies the regulator must in the case of an application for free allocation in the 2027-2030 allocation period under Article 4:\n(a) as soon as reasonably practicable after the issue of the statement referred to in Article 16a(5a)(c):\n(i) calculate the final annual number of allowances to be allocated in respect of each installation and each sub-installation of each installation for the 2027 scheme year; and\n(ii) send the calculation to the UK ETS authority;\n(b) as soon as reasonably practicable after the publication of the matters referred to in Article 16a(5a)(b):\n(i) calculate the final annual number of allowances to be allocated in respect of each installation and each sub-installation of each installation for the 2028, 2029 and 2030 scheme years;\n(ii) where an ALC adjustment applies to the sub-installation for the 2027 scheme year, make an equivalent adjustment to the final number of allowances to be allocated in respect of that sub-installation for the 2028, 2029 and 2030 scheme years and reflect this adjustment in the final number of allowances to be allocated in respect of the installation which the sub-installation forms part of; and\n(iii) send the calculation to the UK ETS authority.”.\n(4) After paragraph 5 insert—\n“6. Where Article 16(15) applies (including as applied by Article 16(17)):\n(a) the regulator must:\n(i) recalculate the final annual number of allowances to be allocated in the relevant period in respect of each UK CBAM sub-installation in accordance with paragraph 2;\n(ii) where an ALC adjustment applies to the UK CBAM sub-installation for the scheme year immediately preceding the relevant period, make an equivalent adjustment to the final number of allowances referenced in point (a)(i);\n(iii) recalculate the final annual number of allowances to be allocated in the relevant period in respect of each installation that has at least one UK CBAM sub-installation, taking into account any adjustment required by point (a)(ii); and\n(iv) send the recalculation to the UK ETS authority;\n(b) after the UK ETS authority receives the recalculation, paragraph 4 applies.\n7. In this Article:\n(a) in paragraphs 1a(b) and 6 an “ALC adjustment” means an adjustment to free allocation under the Activity Level Changes Regulation approved by the UK ETS authority under Article 6a of that Regulation;\n(b) in paragraph 6 “relevant period” has the same meaning as provided for in Article 16(16), unless Article 16(17) applies in which case it has the same meaning provided for in Article 16(17).”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2026/278/article/21",
    "retrieved_at": "2026-10-28T21:04:22.507430+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."
}