SCHEDULE 1U.K.Free Allocation Regulation amended

Article 15 amended (historical activity level for incumbent installations)U.K.

17.—(1) Article 15 is amended as follows.

(2) In paragraph 1 for “Member States” substitute “ The regulator ”.

(3) In paragraph 2—

(a)for “Member States” in the first place where that expression occurs substitute “ the regulator ”;

(b)for the words “Member States may” to the end substitute—

“But the regulator must not determine historical activity levels for an installation unless:

(a)the data relating to an installation has been verified as satisfactory or, where it has not been verified as satisfactory, the regulator considers that any data gaps referred to in the verifier's opinion are due to exceptional and unforeseeable circumstances that could not have been avoided even if all due care had been exercised; and

(b)any corrections requested under paragraph 1 have been made.”.

(4) In paragraph 4 after “EU ETS” in each place insert “ or UK ETS ”.

(5) In paragraph 7 in the third subparagraph—

(a)for “calendar year” in both places substitute “ full calendar year ”;

(b)after “submitted” insert—

“(see Article 3a of the Activity Level Changes Regulation); and in Articles 16 to 16b:

(a)“sub-installation” does not include such a sub-installation;

(b)a reference to an installation must be treated as a reference to the installation excluding such a sub-installation or, where the installation consists entirely of such sub-installations, as excluding the installation.”.

(6) In paragraph 8 for “Member States” substitute “ the regulator ”.