SCHEDULE 6U.K.Allocation and adjustment of allowances

Application for an allocation from the new entrant reserve: new entrantsU.K.

2.—(1) Subject to sub-paragraph (2), where—

(a)the permit for an installation was granted on or after 30th June 2011, or

(b)the permit was granted before 30th June 2011, but the start of normal operation was on or after that date,

the operator of the installation may apply to the regulator for an allocation of allowances in respect of that installation from the new entrant reserve.

(2) [F1Subject to paragraph 8(6) of Schedule 6A, such] an application may not be made where—

(a)the start of normal operation was before 30th June 2011; or

(b)the installation has already been included in the list referred to regulation 16(2).

(3) Any application under sub-paragraph (1) must be made—

(a)before the end of the period of twelve months beginning with the start of normal operation of the installation, or

(b)if that period expired before 1st February 2013, by that date.

(4) The application must contain—

(a)all relevant information regarding each parameter listed in Annex 5 to the Free Allocation Decision for each separate sub-installation;

(b)the initial installed capacity for each sub-installation calculated by the operator in accordance with Article 17(4) of the Free Allocation Decision; and

(c)subject to paragraph (5), a statement that the data referred to in paragraphs (a) and (b) have been verified.

(5) If the date for the submission of the application in accordance with sub-paragraph (3) falls before 30th May 2013, the statement may be submitted separately from the application and by the latter date.

(6) If the regulator approves the calculations of initial installed capacity the regulator must calculate—

(a)the activity levels of the installation in accordance with Article 18(1) and (2) of the Free Allocation Decision;

(b)the preliminary annual number of allowances to be allocated as from the start of normal operation of the installation for each sub-installation in accordance with Article 19(1) to (3) of the Free Allocation Decision; and

(c)the preliminary total annual amount of allowances to be allocated to the installation.

(7) The result of any calculation under sub-paragraph (6) must be included in the notice of the determination of an application under sub-paragraph (1).

Textual Amendments