7. After Article 2 and the cross-heading to Chapter 2 (application, data reporting and monitoring rules) insert—
1. This Article applies where before 1 January 2021, the operator of an installation made an application (an “EU ETS application”) under Article 4 for free allocation of emission allowances under the EU ETS in respect of the allocation period in the EU ETS beginning on 1 January 2021
2. For the purposes of this Regulation:
(a)the EU ETS application must be treated as an application (a “deemed application for free allocation in the 2021-2025 allocation period”) by the operator of the installation for free allocation of allowances under the UK ETS in the 2021-2025 allocation period;
(b)the determination of historical activity levels under Article 15, and anything else done in connection with the EU ETS application under this Regulation, before IP completion day must be treated as done in connection with the deemed application for free allocation in the 2021-2025 allocation period.
3. Without limiting paragraph 2, in this Regulation—
(a)a reference to a monitoring methodology plan includes a monitoring methodology plan approved for the purposes of the EU ETS application;
(b)a reference to a baseline data report or a verification report includes a baseline data report or a verification report submitted for the purposes of the EU ETS application.”.
Commencement Information
I1Sch. 1 para. 7 in force at 31.12.2020 on IP completion day, see art. 2(2)(a)