Draft Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026

Desmond Swayne Excerpts

Tuesday 27th January 2026 General Committees

[The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Chris McDonald)]

I beg to move,

That the Committee has considered the draft Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026.

I am grateful to you, Sir Desmond, and to the Committee for their consideration. The draft order was laid before the House on 16 December 2025.

The UK emissions trading scheme, the UK ETS, was established under the Climate Change Act 2008 by the Greenhouse Gas Emissions Trading Scheme Order 2020 as a UK-wide greenhouse gas emissions trading scheme contributing to the UK’s emissions reduction targets and net zero goal. The scheme is run by the UK ETS authority, a joint body comprising the UK Government and the devolved Governments. Our aim is to be predictable and responsible guardians of the scheme and its markets.

Under the UK ETS, operators are required to monitor, report on and surrender allowances in respect of their greenhouse gas emissions. While most allowances are purchased at regularly held auctions, operators in certain sectors at risk of carbon leakage are given a number of allowances for free, referred to as free allocations. Free allocations reduce exposure to the carbon price for those sectors at risk of carbon leakage and reduce the risk that decarbonisation efforts could be undermined by production, and the associated emissions, moving to other countries.

Under the UK ETS, an operator is the person or company that has control over an installation. Installations are stationary units at which regulated activities take place. Sub-installations represent operations carried out at an installation in respect of which operators that receive free allocations are required to report activity levels for the purposes of the UK ETS.

We have brought forward this draft statutory instrument to enable important changes and improvements to the scheme. The first change that the instrument makes is to enable operators of installations to be able to notify their regulator that they wish to have their activity data for the 2020 scheme year, or 2020 and 2021 scheme years, excluded from the calculation of their historical activity level for the 2027-to-2030 free allocation period. That is in recognition of the fact that production levels may have been impacted during the covid-19 pandemic. Such operators will be able to notify their regulator during the second stage of the 2027-to-2030 free allocation application, which runs from 1 April 2026 to 30 June 2026, that they wish to have their activity data for 2020, or 2020 and 2021, excluded.

Legal change is needed to the free allocation regulation, because existing legislation would require regulators to calculate historical activity levels using activity data from all five years of the baseline period, or 2019 to 2023. If amendments are not made, there will be no legal basis for regulators to exclude 2020, or 2020 and 2021, data from the historical activity level calculation for any applicant. Using activity data for those years could result in historical activity levels that do not reflect normal activity, meaning that operators would receive fewer free allocations than they would otherwise be entitled to receive.

The second change that the draft instrument makes is gradually to phase out free allocation for sectors covered by the UK carbon border adjustment mechanism, or UK CBAM, starting over the 2027-to-2030 allocation period. That phase-out will be implemented through applying a UK CBAM reduction factor to the calculation of free allocation and will apply at sub-installation level. To do that, operators will be required to report which of their sub-installations serve the production of goods within the UK CBAM, which will enable regulators to apply the UK CBAM reduction factor to the relevant sub-installations. Legal change is needed as operators only classify their sub-installations by a specific benchmark and the corresponding carbon leakage status of that sub-installation. The instrument also requires operators to classify each sub-installation as relevant or not to UK CBAM.

Benchmarks are the efficiency standards used to calculate each installation’s free allocation entitlement. Installations closer to their benchmark have a higher proportion of emissions covered by free allocation, rewarding more efficient installations and incentivising decarbonisation. The third change that the instrument makes is to use current benchmarks for the purpose of calculating free allocation for stationary installations for the 2027 scheme year. The instrument also provides for the ability to update the benchmark values used to calculate free allocation for the years 2028, 2029 and 2030 of the 2027-to-2030 allocation period. Maintaining current benchmarks for the 2027 year will allow time for industrial participants to adjust to the changes.

Legal change is needed to the free allocation regulation because, under existing legislation, there is no provision to update benchmarks during an allocation period. The in-principle intent is to use the updated EU ETS phase 4 benchmarks in the 2028, 2029 and 2030 scheme years. That will be decided once the EU benchmark values are available, and subject to assessment of the impact.

Installations that permanently cease to operate are required to report on their activity in the final year of operation so that free allocation can be recalculated to reflect the cessation of activity. The amendment clarifies that operators are required to report on the activity levels of a sub-installation, whether that is due to permanent cessation, as is currently provided for, or the surrender or revocation of the operator’s permit.

The intended changes follow comprehensive engagement and consultation with stakeholders. The UK and devolved Governments carried out consultations that covered the provisions included in the statutory instrument. The free allocation review consultation ran from 18 December 2023 to 11 March 2024, seeking views on proposals to alter the free allocation methodology for the UK ETS stationary sectors to better target those most at risk of carbon leakage and ensure that free allocations are fairly distributed.

The free allocation review carbon leakage consultation ran between 16 December 2024 and 10 March 2025. It sought views on a draft UK-focused carbon leakage list, compiled by applying UK data to the existing carbon leakage list, as well as the trajectory for phasing out free allocations for sectors that will be covered by the UK carbon border adjustment mechanism. The relevant responses to those consultations were summarised in the authority’s response.

The changes in the draft order will deliver on commitments made by the UK ETS authority, improve the fairness of the scheme and increase certainty for both regulators and operators. They will ensure that free allocation continues to provide meaningful support to UK industry while maintaining the incentive to decarbonise and rewarding efficient installations. The amendments to the UK ETS will support its role as a key pillar of the UK’s climate policy. They demonstrate that we will take action to improve the scheme where necessary. I commend the draft order to the Committee.

[Sir Desmond Swayne (in the Chair)]

I call the shadow Secretary of State.