SCHEDULE 2Activity Level Changes Regulation amended

Article 6 amended (other changes in the operation of the installation)I18

1

Article 6 is amended as follows.

2

In paragraph 1 for “competent authority” substitute “ regulator ”.

3

In paragraph 2 for “competent authority” in each place substitute “ regulator ”.

4

In paragraph 3—

a

in the first subparagraph after “baseline data report” insert “ or the new entrant data report ”;

b

in the second subparagraph for “Article 6” substitute “ Article 8 ”.

5

In paragraph 4—

a

for “to that installation” substitute “ in respect of the sub-installation ”;

b

for “allowances, by increasing” substitute “ allowances. The regulator must calculate that adjustment by increasing ”.

6

After paragraph 4 insert—

5

In this Article, where an application under Article 5 of the Free Allocation Regulation is made in respect of a new entrant that has not been operating for a full calendar year after the start of normal operation, a reference to the new entrant data report includes a reference to the activity level report submitted after the end of the first full calendar year of operation.