Głowacki Law Firm

Significant capacity change in the meaning of the Benchmarking Decision
Sunday, 12 August 2012 15:33

 

Benchmarking Decision contains the following definitions of: 'significant capacity change', 'significant capacity extension' and 'significant capacity reduction':

 

 

'significant capacity change' means either a significant capacity extension or a significant capacity reduction

 

'significant capacity extension' means a significant increase in a subinstallation's initial installed capacity whereby all of the following occur:

 

(i) one or more identifiable physical changes relating to its technical configuration and functioning other than the mere replacement of an existing production line take place, and

 

(ii) the sub-installation can be operated at a capacity that is at least 10% higher compared to the initial installed capacity of the sub-installation before the change, or

 

(iii) the sub-installation to which the physical changes relate has a significantly higher activity level resulting in an additional allocation of emission allowances of more than 50000 allowances per year representing at least 5% of the preliminary annual number of emission allowances allocated free of charge for this sub -installation before the change.

 

'significant capacity reduction' means one or more identifiable physical changes leading to a significant decrease in a sub-installation's initial installed capacity and its activity level of the magnitude considered to constitute a significant capacity extension;

 

 

 

 

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