CHAPTER IIIU.K.Allocation rules

[F1Article 15aU.K.Assessment of applications for free allocation by operators of incumbent installations

1.This Article applies where:

(a)a deemed application for free allocation in the 2021-2025 allocation period has been made by the operator of an incumbent installation; or

(b)an application under Article 4 for free allocation in the 2026-2030 allocation period has been made by the operator of an incumbent installation.

2.The regulator must send the information set out in paragraph 3 to the UK ETS authority:

(a)where paragraph 1(a) applies, as soon as reasonably practicable after IP completion day;

(b)where paragraph 1(b) applies, on or before 30 September 2024.

3.The information is:

(a)details of the installation, including details of any permit in force;

(b)the information contained in the baseline data report submitted with the application;

(c)the historical activity levels (if any) of the installation and each sub-installation determined under Article 15 or, if the regulator has not determined historical activity levels by virtue of Article 15(2), the regulator's explanation.

4.The UK ETS authority must as soon as reasonably practicable:

(a)assess the application for free allocation and, where relevant, the regulator's explanation under paragraph 3(c); and

(b)inform the regulator whether or not the application is valid, making any corrections to the historical activity levels that the UK ETS authority considers appropriate.

5.Where the application is not valid, the regulator must give notice to the operator of the installation of that fact and the reasons for it.

6.For the purposes of this Article, an application for free allocation is valid if:

(a)the application is one that may be made under this Regulation (see Article 2a); and

(b)the application is otherwise in accordance with this Regulation.]

Textual Amendments