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Article 26 Deadline for notification of completed measures

Original text. Later amendments are not shown.

(1)

For the purposes of article 25, a notification of a measure is made on time if it is made—

(a)

on or before the original deadline, which is—

(i)

in the case of a measure completed in 2023, 31st January 2024;

(ii)

in the case of a measure completed after 2023, the end of the first month following the month in which the measure is completed;

(b)

following an application under article 27(1) which is approved by the Administrator, on or before the date determined by the Administrator under article 27(5)(a); or

(c)

in the case of a measure falling within the 5% notification threshold for the participant (“the notifying participant”), before—

(i)

the end of the third month after the original deadline, if the original deadline is before 1st April 2026; or

(ii)

the end of June 2026, if the original deadline is after 31st March 2026.

(2)

For the purposes of paragraph (1)(c), a measure falls within the 5% notification threshold for the notifying participant if—

(a)

the measure is notified to the Administrator after the original deadline; and

(b)

at the time the measure is notified, the result of the following formula is less than or equal to 0.05—

(F – G) / H.

(3)

In paragraph (2)—

  • “F” is the number of measures (also counting the measure being notified) which—

    1. (a)

      have the same original deadline as the measure being notified; and

    2. (b)

      are notified after the original deadline by—

      1. (i)

        the notifying participant; or

      2. (ii)

        any other participant that is a member of the same group as the notifying participant;

  • “G” is the number of measures which—

    1. (a)

      have the same original deadline as the measure being notified;

    2. (b)

      are the subject of an application under article 27(1) which is approved by the Administrator; and

    3. (c)

      are notified, after the original deadline and on or before the date determined by the Administrator under article 27(5)(a), by—

      1. (i)

        the notifying participant; or

      2. (ii)

        any other participant that is a member of the same group as the notifying participant;

  • “H” is the greater of 1 and the number of measures which—

    1. (a)

      have the same original deadline as the measure being notified; and

    2. (b)

      are notified on or before the original deadline by—

      1. (i)

        the notifying participant; or

      2. (ii)

        any other participant that is a member of the same group as the notifying participant.

(4)

In this article, “original deadline” has the meaning given in paragraph (1)(a).