SCHEDULE 6Allocation and adjustment of allowances

Application for an allocation from the new entrant reserve: significant capacity extensions3

1

Where an installation had a significant capacity extension—

a

after 30th June 2011, or

b

on or before that date, but where the added capacity was capable of determination only after 30th September 2011,

the operator of the installation may (subject to sub-paragraph (2)) apply to the regulator for an allocation of allowances from the new entrant reserve.

2

Any application under sub-paragraph (1) must be made—

a

before the end of the period of twelve months beginning with—

i

the start of changed operation of the installation, or

ii

in the case mentioned in paragraph (1)(b), the date of determination of added capacity; or

b

if that period expired before 1st February 2013, by that date.

3

The application must contain—

a

all relevant information regarding each parameter listed in Annex 5 to the Free Allocation Decision for each separate sub-installation;

b

the installed capacity, and a calculation of the added capacity, for each such sub-installation;

c

any other evidence necessary to demonstrate that the criteria for a significant capacity extension have been met; and

d

subject to sub-paragraph (4), a statement that the data referred to in paragraphs (a) to (c) have been verified.

4

If the date for the submission of the application in accordance with sub-paragraph (2) falls before 30th May 2013, the statement may be submitted separately from the application and by the latter date.

5

If the regulator approves the calculation of added capacity the regulator must calculate—

a

the activity levels (for the added capacity only) of the sub-installations to which the significant capacity extension applies in accordance with Article 18(1) and (2) of the Free Allocation Decision;

b

the preliminary number of allowances to be allocated for each sub-installation insofar as the extension is concerned in accordance with Articles 19(1) to (3) and 20 of the Free Allocation Decision; and

c

the preliminary total annual amount of allowances to be allocated to the installation insofar as the extension is concerned.

6

The result of any calculation under sub-paragraph (5) must be included in the notice of the determination of an application under sub-paragraph (1).