Article 7aF2F1Appeals
1
Where:
a
a manufacturer gives notification to the Secretary of State under Article 7(5);
b
the Secretary of State does not agree the manufacturer’s calculation of their average specific emissions of CO2; and
c
the Secretary of State notifies the manufacturer under Article 7(5) that it has exceeded its specific emissions target;
the manufacturer or pool manager may appeal against the Secretary of State’s notification to the First-tier Tribunal on the ground that the Secretary of State’s calculation under Article 7(5) was based on an error of fact.
2
The Secretary of State may not impose an excess emissions premium on the manufacturer or, in the case of a pool the pool manager, under Article 8 pending final determination or withdrawal of the appeal.
3
The First-tier Tribunal may—
a
confirm the Secretary of State’s provisional calculation; or
b
substitute its own calculation.