Regulation 2 Amendment of the CRC Energy Efficiency Scheme Order 2013I1

for paragraph 16(3A) substitute—

“(3A)

Sub-paragraph (2) does not apply where—

(a)

the unconsumed supply is consumed by B—

(i)

before F1IP completion day, on the premises occupied by B to operate an EU ETS installation;

(ii)

on or after IP completion day, on the premises occupied by B in circumstances which, had that supply been consumed before IP completion day, would have been treated as falling within sub-paragraph (i);

(b)

the unconsumed supply is consumed by B on the premises occupied by B to operate a CCA facility;

(c)

the unconsumed supply is consumed by B on the premises occupied by B to operate a metallurgical process; or

(d)

the unconsumed supply is consumed by B on the premises occupied by B to operate a mineralogical process.”;

for paragraph 28(1), substitute—

“(1)

Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A—

(a)

before F2IP completion day for the purposes of operating an EU ETS installation; or

(b)

on or after IP completion day in circumstances which, had that supply been consumed before IP completion day, would have been treated as being for the purposes of operating an EU ETS installation.”;

in paragraph 29A(5) M3, after “NACE Revision 2”, insert “ as it applied immediately before F3IP completion day ”.