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Commission Delegated Regulation (EU) 2019/331Show full title

Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance)

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Article 25U.K.Mergers and splits

1.The operators of new installations resulting from a merger or a split shall provide the following documentation to the competent authority, as appropriate:

(a)names, addresses and contact data of the operators of the previously separate or single installations;

(b)names, addresses and contact data of the operators of the newly formed installation;

(c)a detailed description of the boundaries of the installation parts concerned if applicable;

(d)the permit identifier and the identification code of the newly formed installation(s) in the Union Registry.

2.Installations resulting from mergers or splits shall submit to the competent authority the reports referred to in Article 4(2). If the installations before the merger or split were new entrants, operators shall report to the competent authority the data from the start of normal operation.

3.Mergers or splits of installations, including splits within the same corporate group shall be assessed by the competent authority. The competent authority shall notify the Commission of the change of operators.

Based on the data received pursuant to paragraph 2, the competent authority shall determine the historical activity levels in the baseline period for each sub-installation of each newly formed installation after the merger or split. In the case that a sub-installation is split into two or more sub-installations, the historical activity level and allocation to the sub-installations after the split shall be based on the historical activity levels in the baseline period of the respective technical units of the installation before the split.

4.Based on the historical activity levels after the mergers or splits, the free allocation of allowances of the installations after mergers or splits shall correspond to the final amount of free allocation, before the mergers or splits.

5.The Commission shall review each allocation of allowances of the installations after mergers or splits and communicate the results of that assessment to the competent authority.

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