(a) the date of publication of the allocation table for the 2021-2025 allocation period (including an updated allocation table) that first includes an entry for the installation; or

(b) if earlier, the date on which the regulator gives notice of the final annual amount of allowances to be allocated in respect of the installation for any scheme year in the 2021-2025 allocation period under—

(i) article 34H(7) (installations: errors in applications for free allocation, etc.);

(ia) paragraph 4(7) of Schedule 8A (former hospital or small emitters or ultra-small emitters);

(ii) Article 18a(9) of the Free Allocation Regulation (new entrants);

(iii) Article 25(9) of that Regulation (mergers and splits).

(3) An installation ceases to be an FA installation for the 2021-2025 allocation period at the earliest of—

(a) the end of the 2025 scheme year;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the date on which, following the partial transfer under paragraph 9 of Schedule 6 of the greenhouse gas emissions permit of an installation that is an FA installation, the regulator gives notice to the transferring operator (within the meaning of that paragraph) under Article 25(9)(b) of the Free Allocation Regulation that the installation is not an FA installation for the 2021-2025 allocation period;

(d) if the installation's permit is surrendered under paragraph 11(1) of Schedule 6 or revoked under paragraph 12(1) of that Schedule, the end of the scheme year in which the installation ceases operation;

(e) if the installation's permit is surrendered under paragraph 11(2) of Schedule 6 or revoked under paragraph 12(3) of that Schedule, the end of the scheme year in which the surrender or revocation takes effect;

(f) the date on which, following the inclusion of an entry for the installation in the allocation table for the 2021-2025 allocation period in error, the regulator gives notice to the operator under article 34H(7)(c) that the installation is not an FA installation for the 2021-2025 allocation period.

(4) For the purposes of this Order, an installation is an FA installation for the 2026 and 2027-2030 allocation periods from the earliest of the following—

(a) the date of publication of the allocation table for the 2026 allocation period or the 2027-2030 allocation period (including an updated allocation table) that first includes an entry for the installation; ...

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ... the date on which the regulator gives notice of the final annual amount of allowances to be allocated in respect of the installation for any scheme year in the 2026 allocation period or the 2027-2030 allocation period under—

(i) article 34H(7) (installations: errors in applications for free allocation, etc.);

(ia) paragraph 4(7) of Schedule 8A (former hospital or small emitters or ultra-small emitters);

(ii) Article 18a(9) of the Free Allocation Regulation (new entrants);

(iii) Article 25(9) of that Regulation (mergers and splits).

(5) An installation ceases to be an FA installation for the 2026 and 2027-2030 allocation periods at the earliest of—

(a) the end of the 2030 scheme year;

(b) if the operator of the installation gives a renunciation notice under Article 24 of the Free Allocation Regulation on or after 1st January 2027 in respect of the installation as a whole, the end of the scheme year in which the renunciation notice is given;

(c) the date on which, following the partial transfer under paragraph 9 of Schedule 6 of the greenhouse gas emissions permit of an installation that is a FA installation, the regulator gives notice to the transferring operator (within the meaning of that paragraph) under Article 25(9)(b) of the Free Allocation Regulation that the installation is not an FA installation for the 2026 and 2027-2030 allocation periods;

(d) if the installation's permit is surrendered under paragraph 11(1) of Schedule 6 or revoked under paragraph 12(1) of that Schedule, the end of the scheme year in which the installation ceases operation;

(e) if the installation's permit is surrendered under paragraph 11(2) of Schedule 6 or revoked under paragraph 12(3) of that Schedule, the end of the scheme year in which the surrender or revocation takes effect;

(f) the date on which, following the inclusion of an entry for the installation in the allocation table for the 2026 allocation period or the 2027-2030 allocation period in error, the regulator gives notice to the operator under article 34H(7)(c) that the installation is not an FA installation for the 2026 and 2027-2030 allocation periods;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) if the allocation table for the 2026 allocation period includes an entry for the installation but the allocation table for the 2027-2030 allocation period does not, the end of the 2026 scheme year.

Meaning of operator

Meaning of aircraft operator

Exempt commercial air transport operators

Exempt non-commercial air transport operators

Meaning of registry administrator

8A

(1) A reference in this Order to the “registry administrator” is a reference to—

(a) the chief inspector;

(b) the Environment Agency;

(d) the Secretary of State; and

(e) SEPA.

(2) Functions conferred or imposed by this Order on the “registry administrator” may be exercised—

(a) by all of the persons referred to in paragraph (1) jointly; or

(b) by one of the persons referred to in paragraph (1) (or by more than one of the persons referred to in paragraph (1) jointly) on behalf of the other persons referred to in paragraph (1) with their agreement.

Meaning of regulator

Meaning of regulator: installations

Meaning of regulator: aircraft operators

Aircraft operator: change in regulator

Aircraft operator: change in registered office

Meaning of UK ETS authority, etc.

Applications, notices, etc.

CHAPTER 4 — Registry

Registry

25A

Schedule 5A (registry) has effect.

Installations: information to be submitted on or before 30 June 2025 where no application for free allocation, etc. is made

27A

(1) This article applies where the operator of an installation referred to in paragraph (2) does not make an application under either of the following provisions or complete the first stage of an application under Article 4 of the Free Allocation Regulation (free allocation in 2027-2030 allocation period) —

(a) paragraph 5 of Schedule 7 (hospital or small emitter status for 2026-2030 ... period);

(b) paragraph 3 of Schedule 8 (ultra-small emitter status for 2026-2030 ... period);

(2) The installations are—

(a) an installation for which a permit is issued on or before 30th June 2025;

(b) an installation that is an ultra-small emitter for the 2025 scheme year;

(3) The operator must submit the following to the regulator—

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

(b) activity information (that is to say, the information set out in section 1.3 of Annex 4 to the Free Allocation Regulation);

(c) details of eligibility for free allocation (that is to say, the information set out in section 1.4 of Annex 4 to the Free Allocation Regulation);

(d) a statement that the operator is not applying for free allocation in the 2027-2030 allocation period under Article 4 of the Free Allocation Regulation.

(4) The information referred to in paragraph (3) must be submitted in the period beginning on 1st April 2025 and ending on 30th June 2025.

(5) The regulator must send the information submitted by the operator to the UK ETS authority on or before 30th September 2025.

PART 4A — Free Allocation

CHAPTER 1 — Installations

Allocation tables

34A

(1) The UK ETS authority must compile a table (an “allocation table”) for the 2021-2025 allocation period and the 2027-2030 allocation period as soon as reasonably practicable after approval under Article 16b of the Free Allocation Regulation of the final annual number of allowances to be allocated in respect of installations—

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