The Electricity Supplier Obligations (Excluded Electricity) (Amendment) Regulations 2020

Regulation 8 amended (EII certificates)

7.—(1) Regulation 8 is amended as follows.

(2) In paragraph (1)—

(a) at the end of sub-paragraph (a)(ii) omit “and”;

(b) at the end of sub-paragraph (b)(ii) insert “; and”;

(c) after sub-paragraph (b) insert—

“(c) the EII application contains evidence under regulation 10(2)(h) of the proportion of electricity measured by the meter that was used for a specified activity in the course of the person’s business in a period that is at least 3 months in length.”.

(3) For paragraph (2) substitute—

“(2) The test in this paragraph is met in relation to a person’s business if—

(a) the electricity cost impact of the business in the relevant period is equal to, or greater than, 0.2; and

(b) paragraph (9) applies to the person.”.

(4) In paragraph (7)—

(a) at the end of sub-paragraph (a) omit “and”;

(b) at the end of sub-paragraph (b) insert “; and”;

(c) after sub-paragraph (b) insert—

“(c) paragraph (9) applies to that person.”.

(5) After paragraph (8) insert—

“(9) This paragraph applies to a person if—

(a) the person is not in difficulty; and

(b) the person is not subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union (Commission decision declaring aid illegal and incompatible with the common market).

(10) For the purposes of these Regulations, a person is “not in difficulty” if it is reasonable to assume that the person would not be regarded as an undertaking in difficulty for the purposes of the European Commission’s Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01)(1).”.

(1)

O.J. C 249, 31.7.2014, p.1.