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16.—(1) Schedule 6 is amended as follows.
(2) Omit paragraph 4(2)(c) (including the final “and”).
(3) In paragraph 11—
(a)in sub-paragraph (7)—
(i)after “reportable emissions” insert “, or reports on activity levels,”;
(ii)for “condition referred to in paragraph 4(2)(b)” substitute “conditions referred to in paragraph 4(2)(b) and (6)(b)”;
(b)after sub-paragraph (7) insert—
“(8) Despite sub-paragraphs (6)(b) and (7), the condition referred to in paragraph 4(6)(b) does not have effect to require the operator to prepare a report on the installation’s activity levels in the scheme year before the first non-entitled scheme year (as defined in Article 26(2) of the Free Allocation Regulation).”.
(4) In paragraph 12—
(a)in sub-paragraph (8)—
(i)after “reportable emissions” insert “, or reports on activity levels,”;
(ii)for “condition referred to in paragraph 4(2)(b)” substitute “conditions referred to in paragraph 4(2)(b) and (6)(b)”;
(b)after sub-paragraph (8) insert—
“(8A) Despite sub-paragraphs (7)(b) and (8), the condition referred to in paragraph 4(6)(b) does not have effect to require the operator to prepare a report on the installation’s activity levels in the scheme year before the first non-entitled scheme year (as defined in Article 26(2) of the Free Allocation Regulation).”.
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