# The Electricity and Gas (Energy Company Obligation) Order 2018, Article 23: Surplus actions


(1) On or before 30th November 2019 a relevant supplier may apply to the Administrator in writing for a measure to be recognised as a surplus action.
(2) An application under paragraph (1) must give details of the measure which the applicant considers constitutes a surplus action.
(3) A surplus action is a measure which—
(a) is an ECO2 carbon qualifying action or an ECO2 heating qualifying action which was achieved by the applicant;
(b) is not required by the applicant to meet any obligations under the 2014 Order or, by virtue of article 16(6) to (7A) of the 2014 Order, cannot be used by the applicant to meet any obligations under the 2014 Order;
(c) was completed on or after 1st April 2017; and
(d) is not the installation of equipment for the generation of heat wholly or partly from coal.
(4) The Administrator must recognise a measure as a surplus action if, following an application under paragraph (1), the Administrator is satisfied that—
(a) the measure to which the application relates is a surplus action; and
(b) in the case of an ECO2 carbon qualifying action, recognition of the measure as a surplus action would not cause the total carbon saving attributable to all of the ECO2 carbon qualifying actions achieved by the applicant and recognised by the Administrator as surplus actions to exceed 20% of the applicant’s ECO2 CERO target.
(5) For the purposes of paragraph (4)(b), the carbon saving attributable to an ECO2 carbon qualifying action is the carbon saving attributed to it by the Administrator in accordance with article 25 of the 2014 Order.
(6) In this article—
“ECO2 carbon qualifying action” means a carbon qualifying action within the meaning of article 12(3) of the 2014 Order and which was notified to the Administrator in accordance with article 17 of the 2014 Order;
“ECO2 CERO target” means, in relation to an applicant, the applicant’s total carbon emissions reduction obligation within the meaning of the 2014 Order;
“ECO2 heating qualifying action” means a heating qualifying action within the meaning of article 16(3) of the 2014 Order and which was notified to the Administrator in accordance with article 17 of the 2014 Order.

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Source: https://www.legislation.gov.uk/ukdsi/2018/9780111171769/article/23 (the official version)
Page: https://openlegislation.uk/draft-electricity-and-gas-energy-company-obligation-order-2018/article-23
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.