PART 2Application for a free allocation
Issue of a benchmarking planI110
1
Where a UK operator has made an application under regulation 9 the regulator must, by notice given to the UK operator—
a
issue to the UK operator a plan setting how it must monitor tonne-kilometre data (“a benchmarking plan”); or
b
refuse to issue a benchmarking plan where it is not satisfied that the proposed plan to monitor tonne-kilometre data complies with the Monitoring and Reporting Decision or the EU ETS Directive.
2
A notice under paragraph (1) must be served as soon as is reasonably practicable and in any event within 4 months of the date of the application under regulation 9.
3
Where the regulator by notice refuses to issue a benchmarking plan under paragraph (1)(b) it must state in that notice what changes must be made to the application under regulation 9.
4
Where the regulator fails to give notice in accordance with paragraph (2) the application is deemed to be refused.