OpenLegislation

Paragraph 3 Obtaining ultra-small emitter status for 2026-2030 periodF1I1

United Kingdom

(1)

The operator of an installation who wishes to apply for the installation to be an ultra-small emitter for the scheme years in the 2026-2030 period must submit the following to the regulator—

(a)

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

(b)

evidence that the installation meets the relevant condition.

(2)

An application—

(a)

may not be made before 1st April F22025;

(b)

must be made on or before 30th June 2025.

(3)

After receiving an application, the regulator must on or before F331st August 2025 —

(a)

make a preliminary assessment of whether or not the installation meets the relevant condition; and

(b)

send the preliminary assessment and the reasons for it to the UK ETS authority.

F4(4)

The relevant condition is that—

(a)

a regulated activity begins to be carried out at the installation on or before 1st January 2024; and

(b)

the installation’s reportable emissions in each relevant scheme year do not exceed the maximum amount.

(4A)

In sub-paragraph (4)(b), “relevant scheme year” means—

(a)

if a regulated activity begins to be carried out at the installation on or before 1st January 2021, the 2021, 2022 and 2023 scheme years;

(b)

if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2021 and ending with 1st January 2022, the 2022, 2023 and 2024 scheme years;

(c)

if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2022 and ending with 1st January 2023, the 2023 and 2024 scheme years;

(d)

if a regulated activity begins to be carried out at the installation in the period beginning with 2nd January 2023 and ending with 1st January 2024, the 2024 scheme year.

(5)

After receiving the preliminary assessment—

(a)

the UK ETS authority must make a final assessment of whether or not the installation meets the relevant condition; and

(b)

if the UK ETS authority considers that the installation meets the relevant condition, the UK ETS authority must include the installation in a list (the “ultra-small emitter list for 2026-2030”).

(6)

The UK ETS authority must publish the ultra-small emitter list for 2026-2030 on or before F517th October 2025.

(7)

Evidence of an installation's reportable emissions may not be taken into account for the purposes of assessing whether or not an installation meets the relevant condition unless the evidence is—

(a)

verified F6as satisfactory in accordance with the Verification Regulation 2018; or

(b)

where relevant, in an emissions report accompanied by the declaration referred to in paragraph 11(2)(b)(ii) of Schedule 7.

(8)

An application may not be made under this paragraph and paragraph 5 of Schedule 7.

Annotations

Textual amendments

F1

Words in Sch. 8 substituted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 32(2)

F2

Word in Sch. 8 para. 3(2) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 9(2)(a)

F3

Words in Sch. 8 para. 3(3) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 9(2)(b)

F4

Sch. 8 para. 3(4), (4A) substituted for Sch. 8 para. 3(4) (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 32(4)

F5

Words in Sch. 8 para. 3(6) substituted (31.3.2024) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2024 (S.I. 2024/192), arts. 2, 9(2)(c)

F6

Words in Sch. 8 para. 3(7)(a) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 40(2)

Commencement

I1

Sch. 8 para. 3 in force at 12.11.2020, see art. 2(1)