The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2023

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

This section has no associated Policy Notes

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”.