Paragraph 14 Article 10 amended (division into sub-installations)I1

United Kingdom

(1)

Article 10 is amended as follows.

(2)

In paragraph 1—

(a)

after “data reporting and of monitoring” insert “ under this Regulation and the Activity Level Changes Regulation ”;

(b)

omit “eligible for the free allocation of emission allowances under Article 10a of Directive 2003/87/EC”.

(3)

In paragraph 3—

(a)

in the first subparagraph for “deemed to be exposed to a significant risk of carbon leakage as determined in accordance with Article 10b(5) of Directive 2003/87/EC” in both places substitute “ set out in the Annex to Commission Delegated Decision (EU) 2019/708 ”;

(b)

in the second subparagraph—

(i)

for “deemed to be exposed to a significant risk of carbon leakage as determined in accordance with Article 10b(5) of Directive 2003/87/EC” substitute “ set out in the Annex to Commission Delegated Decision (EU) 2019/708 ”;

(ii)

for “not deemed to be exposed to a significant risk of carbon leakage” substitute “ other than those set out in the Annex to Commission Delegated Decision (EU) 2019/708 ”.

(4)

In paragraph 4 in the first subparagraph—

(a)

for “installation included in the EU ETS” substitute “ installation ”;

(b)

after “not included in the EU ETS” insert “ or the UK ETS ”;

(c)

for “deemed to be exposed to a significant risk of carbon leakage as determined in accordance with Article 10b(5) of Directive 2003/87/EC” in both places substitute “ set out in the Annex to Commission Delegated Decision (EU) 2019/708 ”.

(5)

In paragraph 5—

(a)

in point (b)—

(i)

after “Regulation (EU) No 601/2012” insert “ or the Monitoring and Reporting Regulation 2018 ”;

(ii)

after “EU ETS” insert “ or UK ETS ”;

(b)

in point (d)—

(i)

after “EU ETS” insert “ or UK ETS ”;

(ii)

for “non-EU ETS” substitute “ non-ETS ”.

Annotations

Commencement

I1: Sch. 1 para. 14 in force at 31.12.2020 on IP completion day, see art. 2(2)(a)