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8. Where on the date of entry into force of these Regulations—
(a)the Secretary of State has made an application for an installation to be temporarily excluded under Article 27(2) of the Directive and the European Commission has not made a decision determining the application; or
(b)the date determined in accordance with regulation 11(3) by which an application under regulation 11(1) must be made has not passed (“the application deadline”),
paragraphs 4 and 7 of this Schedule shall apply as if references to the date on which these Regulations enter into force were to the date of the expiry of a period of 7 days beginning on the application deadline or, where the European Commission refuses the application, the date on which the European Commission notifies its decision.
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