{
  "url": "https://openlegislation.uk/eu-regulation-2019-331/article-9",
  "json_url": "https://openlegislation.uk/eu-regulation-2019-331/article-9.json",
  "legislation": "eur/2019/331",
  "legislation_title": "Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2019-331",
  "path": "article/9",
  "kind": "article",
  "number": "9",
  "heading": "Changes to the monitoring methodology plan",
  "text": "1. The operator shall regularly check whether the monitoring methodology plan reflects the nature and functioning of the installation and whether it can be improved. To this end, the operator shall take account of any recommendations for improvements included in the relevant verification report.\n2. The operator shall modify the monitoring methodology plan in any of the following situations:\n(a) new emissions or activity levels occur due to new activities carried out or due to the use of new fuels or materials not yet contained in the monitoring methodology plan;\n(b) the use of new measuring instrument types, new sampling or analysis methods or new data sources, or other factors, lead to higher accuracy in the determination of reported data;\n(c) data resulting from the previously applied monitoring methodology has been found incorrect;\n(d) the monitoring methodology plan is not, or no longer, in conformity with the requirements of this Regulation;\n(e) it is necessary to implement recommendations for improvement of the monitoring methodology plan contained in a verification report.\n2a. Where the operator has any relevant product benchmark sub-installation, relevant heat benchmark sub-installation, relevant fuel benchmark sub-installation or any relevant process emissions sub-installation within the meaning of Article 4(9), the operator must modify the monitoring methodology plan to reflect the boundaries of the sub-installation that apply as a result of the requirement in Article 10(4a).\n3. The operator must notify the regulator of:\n(a)) any significant modification (within the meaning of paragraph 5) of the monitoring methodology plan at least 14 days before making the modification or, where this is not possible, as soon as reasonably practicable; and\n(b)) any other modification on or before 31 December in the year in which the modification is made.\n4. Any significant modification of the monitoring methodology plan within the meaning of paragraph 5 shall be subject to approval by the regulator. Where the regulator considers that a modification that has been notified by the operator as significant is not significant, it shall inform the operator thereof.\n5. The following modifications of the monitoring methodology plan of an installation shall be considered significant:\n(a) modifications resulting from changes to the installation, in particular new sub-installations, changes to the boundaries of existing sub-installations or closures of sub-installations;\n(b) a switch from a monitoring methodology laid down in sections 4.4 to 4.6 of Annex VII to another methodology laid down in those sections;\n(c) the change of a default value or estimation method laid down in the monitoring methodology plan;\n(d) changes requested by the regulator to ensure conformity of the monitoring methodology plan with the requirements of this Regulation.\n5a. Paragraphs 3, 4 and 5 do not apply to a modification made to a monitoring methodology plan pursuant to paragraph 2a. Instead:\n(a) the operator must notify the regulator of the modification of the monitoring methodology plan on or before 30th September 2026;\n(b) the modification of the monitoring methodology plan is subject to approval by the regulator;\n(c) once approved, the modification will take effect on 1st January 2027.\n6. The operator shall keep records of all modifications of the monitoring methodology plan. In each record, the following shall be specified:\n(a) a transparent description of the modification;\n(b) a justification for the modification;\n(c) the date of notification of the intended modification to the regulator;\n(d) the date of acknowledgement, by the regulator, of the receipt of the notification referred to paragraph 3 or 5a, where available, and the date of the approval or provision of information referred to in paragraph 4 or the date of the approval referred to in paragraph 5a(b);\n(e) the starting date of implementation of the modified monitoring methodology plan.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Art. 9(2a) inserted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 16(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Art. 9(3) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 1 para. 13(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in Regulation substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 1 para. 2"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Art. 9(5a) inserted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 16(3)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in Art. 9(6)(d) inserted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 16(4)(a)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in Art. 9(6)(d) inserted (11.3.2026) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2026 (S.I. 2026/278), arts. 2, 16(4)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2019/331/article/9",
    "retrieved_at": "2026-11-01T14:43:32.978234+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}