Article 23A Flexible reserveF1
The flexible reserve is a reserve of allowances for the trading period from which allowances may be allocated until the reserve is exhausted.
The flexible reserve consists of the following—
allowances equal to the sum of the amounts set out in paragraphs (i) and (ii), if the sum is greater than zero—
28,081,237;
the sum of A and C minus 53,294,847, where—
A is 240,342,255 (industry cap for 2021-2025 allocation period) minus B;
B is the final annual number of allowances approved by the UK ETS authority under Article 16b of the Free Allocation Regulation (final allocation at installation level for incumbent installations) to be allocated in respect of all installations for all scheme years in the 2021-2025 allocation period;
C is equal to the number of B that are not allocated or, if allocated, subsequently returned;
allowances equal to the sum of D and F, where—
D is—
121,169,970 (industry cap for 2026-2030 F2...) minus E; or
if E is greater than 121,169,970, zero;
E is the final annual number of allowances approved by the UK ETS authority under Article 16b of the Free Allocation Regulation F3or Part 2 of the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 to be allocated in respect of all installations for all scheme years in the F42026 allocation period and the 2027-2030 allocation period;
F is equal to the number of E that are not allocated or, if allocated, subsequently returned;
allowances equal to the number of allowances representing aviation free allocation entitlement (within the meaning of Chapter 2 of Part 4A) approved by the UK ETS authority but not allocated or, if allocated, subsequently returned.
For the purposes of paragraph (2)—
any increase approved by the UK ETS authority under article 20(5) of the Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2023 (free allocation for 2024 and 2025 scheme years: lime and malt extract) that in accordance with article 34B(3A) of this Order was required to be added to the amount included in column A of the allocation table for the 2021-2025 allocation period must be treated as if approved under Article 16b of the Free Allocation Regulation;
a reference to allowances that are returned is a reference to allowances transferred or returned in accordance with a notice under article 34U or 34V or, in the case of other allowances to which a person is not entitled (as set out in article 34S(3) or 34T(3)), returned voluntarily without the need for such a notice to be given;
E is recalculated as soon as reasonably practicable after the UK ETS authority has approved the recalculation under Article 16b(6) of the Free Allocation Regulation of the final number of allowances to be allocated for a scheme year in the 2027-2030 allocation period, and the flexible reserve is updated on the basis of this recalculated E.
Allowances from the flexible reserve may be used—
for free allocation in respect of incumbent installations (within the meaning of the Free Allocation Regulation) F6or in accordance with article 8 of the Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025;
for allocation under the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021 or any other regulations made under section 96 of the Finance Act 2020.
Annotations
Textual amendments
- F1
Art. 23A inserted (19.12.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2024 (S.I. 2024/1366), arts. 2(1)(c), 9
- F2
Words in art. 23A(2)(b)(i)(aa) omitted (31.3.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 17(2)(a)
- F3
Words in art. 23A(2)(b)(ii) inserted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 17(2)(b)(i)
- F4
Words in art. 23A(2)(b)(ii) substituted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 17(2)(b)(ii)
- F5
Art. 23A(3)(c) inserted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 5(2)
- F6
Words in art. 23A(4)(a) inserted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 17(3)