The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Application for an allocation from the new entrant reserve: significant capacity extensions U.K.

3.—(1) Where an installation had a significant capacity extension—

(a) after 30th June 2011, or

(b) on or before that date, but where the added capacity was capable of determination only after 30th September 2011,

the operator of the installation may (subject to sub-paragraph (2)) apply to the regulator for an allocation of allowances from the new entrant reserve.

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

(a) before the end of the period of twelve months beginning with—

(i) the start of changed operation of the installation, or

(ii) in the case mentioned in paragraph (1)(b), the date of determination of added capacity; or

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

(3) 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 installed capacity, and a calculation of the added capacity, for each such sub-installation;

(c) any other evidence necessary to demonstrate that the criteria for a significant capacity extension have been met; and

(d) subject to sub-paragraph (4), a statement that the data referred to in paragraphs (a) to (c) have been verified.

(4) If the date for the submission of the application in accordance with sub-paragraph (2) falls before 30th May 2013, the statement may be submitted separately from the application and by the latter date.

(5) If the regulator approves the calculation of added capacity the regulator must calculate—

(a) the activity levels (for the added capacity only) of the sub-installations to which the significant capacity extension applies in accordance with Article 18(1) and (2) of the Free Allocation Decision;

(b) the preliminary number of allowances to be allocated for each sub-installation insofar as the extension is concerned in accordance with Articles 19(1) to (3) and 20 of the Free Allocation Decision; and

(c) the preliminary total annual amount of allowances to be allocated to the installation insofar as the extension is concerned.

(6) The result of any calculation under sub-paragraph (5) must be included in the notice of the determination of an application under sub-paragraph (1).