The Greenhouse Gas Emissions Trading Scheme Regulations 2012

[F1 Application for an allocation from the new entrant reserve: significant capacity extensions of excluded installations U.K.

4.— (1) Where an excluded installation has had a significant capacity extension in the period—

(a) beginning—

(i) after 30th June 2011, or

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

(b) ending before 1st January in the entry year,

the operator of the excluded installation may apply to the regulator for an allocation of allowances from the new entrant reserve for each scheme year commencing with the entry year and the regulator must make a notice of determination in respect of the application.

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

(a) where the entry year is 2015, by the later of—

(i) 31st December 2015;

(ii) the last day of the 12 month period beginning with the start of changed operation of the installation; or

(iii) where sub-paragraph (1)(a)(ii) applies, the last day of the 12 month period beginning with the date of determination of added capacity;

(b) where the entry year is any year after 2015, the later of—

(i) 31st January in the entry year;

(ii) the last day of the 12 month period beginning with the start of changed operation of the installation; or

(iii) where sub-paragraph (1)(a)(ii) applies, the last day of the 12 month period beginning with the date of determination of added capacity.

(3) An application under sub-paragraph (1) 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 information necessary to demonstrate that the criteria for a significant capacity extension have been met; and

(d) a statement that the information referred to in sub-paragraphs (a) to (c) has been verified.

(4) If the regulator approves the calculation of extended capacity the regulator must calculate—

(a) the activity levels (for the extended 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 for the installation insofar as the extension is concerned.

(5) The result of any calculation under sub-paragraph (4) must be included in the notice of the determination of an application under sub-paragraph (1).]

Textual Amendments

F1 Sch. 6A inserted (4.12.2015) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2015 (S.I. 2015/1849), regs. 1(1), 14