# Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes, Article 2a: Sub-installation to be treated as ceasing operation: regulator’s notice


(1.) Where the regulator gives a notice under paragraph 2 to the operator of an installation that includes a sub-installation at which all operations have ceased, the sub-installation must be treated as having ceased operation for the purposes of this Regulation on the last day on which operations were carried out at the sub-installation.
(2.) A notice under this paragraph is a notice that states that the regulator considers that all operations have permanently ceased at the sub-installation.
(3.) The regulator may give a notice under paragraph 2 if, at any time during which all operations have ceased at a sub-installation, the operator fails to satisfy the regulator (whether in accordance with Article 3(9) or otherwise) that each of the following conditions is met in respect of the sub-installation:
(a) the operator intends for operations to resume at the sub-installation;
(b) either:
(i) the sub-installation is technically capable of resuming those operations without physical changes being made; or
(ii) the operator intends for the technical capability required for those operations to resume to be restored at the sub-installation.
(4.) To avoid doubt, nothing in this Article prevents the regulator from giving a notice under paragraph 2 in circumstances in which the regulator has previously confirmed that the regulator was, at that time, satisfied that the conditions referred to in paragraph 3 were met in respect of the sub-installation.
(5.) The regulator may withdraw a notice under paragraph 2 at any time by giving notice of the withdrawal to the operator.

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Source: https://www.legislation.gov.uk/eur/2019/1842/article/2a (the official version)
Page: https://openlegislation.uk/eu-regulation-2019-1842/article-2a
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.