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10.—(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.
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