Article 3zc Application for extension of time to meet decarbonisation conditionF1

This Article has effect for the purposes of Article 3zb.

At least 6 months before the restart date, the operator may on one occasion only apply to the regulator to extend the date on or before which the decarbonisation condition will be met in relation to the old PB sub-installation.

An application must be accompanied by:

(a)

the operator’s explanation of the reason why the decarbonisation condition will not be met in relation to the old PB sub-installation on or before the restart date and any evidence to support the explanation;

(b)

evidence that the decarbonisation condition will be met in relation to the old PB sub-installation on or before a further date (the “extended date”).

After receiving the application, the regulator must, as soon as reasonably practicable:

(a)

assess whether or not the decarbonisation condition will be met in relation to the old PB sub-installation on or before the extended date; and

(b)

send the explanation, evidence, the regulator’s assessment and the reasons for it to the UK ETS authority.

The UK ETS authority must after considering the explanation, evidence and the regulator’s assessment and reasons:

(a)

determine whether or not the decarbonisation condition will be met in relation to the old PB sub-installation on or before the extended date;

(b)

notify the regulator of the determination.

The regulator must notify the operator of the determination.

Annotations

Textual amendments

F1: Arts. 3za-3zc inserted (2.2.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2025 (S.I. 2025/100), arts. 2(2), 14 (with art. 20(1)(2))