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The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2023

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Article 16 amended (preliminary allocation at installation level for incumbent installations)

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12.—(1) Article 16 is amended as follows.

(2) In paragraph 2 in each of points (a) to (d) for “, adopted in accordance with Article 10a(2) of Directive 2003/87/EC,” in each place substitute “set out in Annex 8”.

(3) In paragraph 5 for “, adopted in accordance with Article 10a(2) of Directive 2003/87/EC” substitute “set out in Annex 8”.

(4) In paragraph 10 for “the benchmarks for the relevant allocation period referred to in paragraphs 2 and 5 have been adopted” substitute “benchmarks for the 2026-2030 allocation period are set out in Annex 8 but, if no such benchmarks are set out in Annex 8 on or before 1 December 2025, as soon as reasonably practicable thereafter (using the benchmarks for the 2021-2025 allocation period set out in Annex 8 for the calculation)”.

(5) In paragraph 12—

(a)in the opening words for “adopted in accordance with Article 10a(2) of Directive 2003/87/EC” substitute “set out in Annex 8”;

(b)in point (a) for “the allocation period in the EU ETS beginning on 1 January 2021” substitute “the 2021-2025 allocation period”;

(c)in point (b) for “the allocation period in the EU ETS beginning on 1 January 2026” substitute “the 2026-2030 allocation period”.

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