Transfer of emission allowance7
1
Subject to paragraph (2), a part of an emission allowance may be transferred from one participating plant to another at any time during the period comprising—
a
the calendar year in respect of which the emission allowance has been allocated by the Secretary of State; and
b
the period of three months following that calendar year.
2
No transfers of emission allowance may be made concerning a participating plant to the extent that the Transitional National Plan provides that the plant is not allowed to participate in such transfers.
3
Where a part of an emission allowance is transferred from one participating plant to another participating plant, the operator of each plant must notify the Agency of the transfer by—
a
correctly completing the form provided by the Agency for the purpose; and
b
sending it to the Agency within 5 working days of the date on which the transfer is made.
4
The form referred to in paragraph (3)(a) may be provided by, and, when duly completed, sent to, the Agency electronically.
5
If the requirements to notify under paragraph (3) are not complied with, the transfer is void.
6
The Agency must not record a transfer in the register unless it has been notified of the transfer in accordance with this regulation.
7
The Agency must record a transfer in the register within 10 working days of notification.
8
No emission allowance in respect of a participating plant may be carried forward from one calendar year to the next.
9
The transfer of an emission allowance which results in a participating plant having an emission allowance of zero or less than zero is void.
10
Where an operator of a participating plant wishes to advertise on the register a willingness to acquire or transfer an amount of emission allowance in respect of that plant (or to vary or withdraw such an advertisement previously recorded on the register), the operator must notify the Agency by—
a
correctly completing the form provided by the Agency for the purpose; and
b
sending it to the Agency.
11
The form referred to in paragraph (10)(a) may be provided by, and, when duly completed, sent to, the Agency electronically.
12
The Agency must record a new advertisement (or a variation to or withdrawal of a previously recorded advertisement) in the register within 10 working days of notification.