Article 17 Notifications of qualifying actions

F1Subject to paragraph (3A), A supplier must by the end of each relevant calendar month notify the Administrator in writing of each qualifying action completed in the calendar month immediately prior to the calendar month in which the notification is required to be made in accordance with this paragraph.

A notification under paragraph (1) must—

Except where article 12(5) applies, a qualifying action is completed when its installation is complete.

A supplier may notify a completed qualifying action (“the late action”) after the date required by paragraph (1) (“the original deadline”) if—

For the purposes of paragraph (3A)(b)(i), a late action falls within the 5% notification threshold for the notifying supplier if, at the time the late action is notified to the Administrator, the result of the following formula is less than or equal to 0.05—

where—

1. (a)

   “A” is the number of qualifying actions (also counting the late action) which are—

   1. (i)

      completed in the same calendar month as the late action; and

   2. (ii)

      notified after the original deadline by—

      1. (aa)

         the notifying supplier; or

      2. (bb)

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

2. (b)

   “B” is the number of qualifying actions which are—

   1. (i)

      completed in the same calendar month as the late action;

   2. (ii)

      the subject of an application under paragraph (4) which results in the Administrator extending the period for notifying the action (“the extended period”); and

   3. (iii)

      notified after the original deadline and within the extended period by—

      1. (aa)

         the notifying supplier; or

      2. (bb)

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

3. (c)

   “C” is the greater of one or the number of qualifying actions which are—

   1. (i)

      completed in the same calendar month as the late action; and

   2. (ii)

      notified on or before the original deadline by—

      1. (aa)

         the notifying supplier; or

      2. (bb)

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

A supplier may apply to the Administrator for a completed qualifying action to be notified after the date required by paragraph (1).

Following receipt of an application under paragraph (4), the Administrator may extend the period for notifying the late action for such period as it thinks fit provided that—

A notification under this article must include such information relating to a qualifying action as the Administrator may from time to time require.

In this article—

• F4“new supplier” means a new 2015 supplier or a new 2016 supplier;

• “overall obligation period” means—

  1. (a)

     for a supplier other than a new supplier, the period beginning with 1st April 2015 and ending with F530th September 2018 ;

  2. (b)

     F6for a new 2015 supplier, the period beginning with 1st April 2016 and ending with 30th September 2018;

  3. (c)

     for a new 2016 supplier, the period beginning with 1st April 2017 and ending with 30th September 2018;

• “relevant calendar month” means—

  1. (a)

     a calendar month in the overall obligation period for the supplier (but excluding April 2015 if that month would otherwise form part of that period); and

  2. (b)

     F7October 2018 .