Paragraph 7 Article 5 amended (adjustments to free allocation due to activity level changes)I1

United Kingdom

(1)

Article 5 is amended as follows.

(2)

In paragraph 1—

(a)

for “competent authority” substitute “ regulator ”;

(b)

for “to that installation” substitute “ in respect of the sub-installation ”;

(c)

for “That adjustment shall be made” substitute “ The regulator must calculate that adjustment ”.

(3)

In paragraph 2—

(a)

for “has been made” substitute “ has been approved by the UK ETS authority under Article 6a ”;

(b)

for “to that installation” substitute “ in respect of the sub-installation ”.

(4)

In paragraph 3—

(a)

for “to that sub-installation” substitute “ in respect of the sub-installation ”;

(b)

for “determined by Article 16 or 18 of Delegated Regulation (EU) 2019/331” substitute “ approved under Article 16b or 18a of the Free Allocation Regulation or under Article 6a of this Regulation ”;

(c)

after “determining the average activity level.” insert “ The regulator must calculate an adjustment to the free allocation of the sub-installation accordingly. ”.

(5)

In paragraph 4 for “the free allocation of this sub-installation shall be set to” substitute “ the regulator must calculate an adjustment to the free allocation of the sub-installation so that it is ”.

(6)

Omit paragraph 6.

(7)

After paragraph 5 insert—

“7
In this Article, a reference to the historical activity level of a sub-installation includes a reference to the historical activity level approved under Article 6a.”.

Annotations

Commencement

I1: Sch. 2 para. 7 in force at 31.12.2020 on IP completion day, see art. 2(2)(b)