5.—(1) Article 4A is amended as follows.
(2) In paragraph (4)—
(a)in the words before sub-paragraph (a) after “from” insert “the earliest of the following”;
(b)in sub-paragraph (a) omit the “or” at the end of the sub-paragraph;
(c)after sub-paragraph (a) insert—
“(aa)where an application for free allocation in the 2026-2030 allocation period is made in respect of the installation under Article 4 of the Free Allocation Regulation(1), 1st January 2026 unless—
(i)before that date, the regulator gives notice to the operator under Article 15a(5) of the Free Allocation Regulation that the application is not valid; or
(ii)the installation is included in the hospital and small emitter list for 2026-2030 or the ultra-small emitter list for 2026-2030;”;
(d)in sub-paragraph (b) omit “if earlier,”.
(3) After paragraph (5)(f) insert—
“(g)where the installation is an FA installation for the 2026-2030 allocation period by virtue of paragraph (4)(aa), the date (if any) on which the regulator gives notice to the operator under Article 15a(5) of the Free Allocation Regulation that the application for free allocation is not valid.”.
EUR 2019/331, amended by S.I. 2020/1557, 2021/1455, 2022/1173, 2023/850, 2023/1387 and this Order. Article 4(1) of S.I. 2020/1265 defines “Free Allocation Regulation” as Commission Delegated Regulation (EU) 2019/331 of 19 December 2018, as it forms part of domestic law.