Paragraph 28 EU ETS installations
(1)
Subject to sub-paragraph (2), A is not supplied with electricity or gas to the extent that supply is consumed by A for the purposes of operating an EU ETS installation.
(2)
A is supplied with electricity or gas where A decides that such a supply is not consumed for the purposes of operating an EU ETS installation.
(3)
A decision made under sub-paragraph (2)—
(a)
may be made in respect of a phase where such a decision is made on or before the participant submits its first annual report for that phase;
(b)
must not be altered during the phase.