S.L. 643.2 Art. 26Exclusion of small installations subject to equivalent measures.

(1) Where an operator of an installation has reported, for that installation, verified emissions of less than twenty five thousand (25,000) tonnes of carbon dioxide equivalent, and where that installation carried out combustion activities, has a rated thermal input below thirty five (35) MW, excluding emissions from biomass, in each of the three years preceding a notification under sub-regulation (8) of regulation 11, the Authority may, after consultation with the operator of the installation and the Minister, propose to exclude that installation from the EU ETS:

Provided that the installation shall be subject to equivalent measures that will achieve a contribution to emissions reductions that is equivalent to these regulations:

Provided further that arrangements for monitoring of emissions are in place to assess whether the installation to which the equivalent measures apply emits twenty-five thousand (25,000) tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year: S.L.643.02 INSTALLATIONS

Provided further that the Authority may establish simplified monitoring, reporting and verification measures for an installation to which equivalent measures apply if the average annual verified emissions of that installation between 2008 and 2010 are below five thousand (5,000) tonnes a year.

(2) The Authority shall notify the Commission of an installation for which an exclusion in accordance with regulation (1) is proposed, before the list of installations pursuant to sub-regulation (8) of regulation 11 is to be submitted or, at the latest, when that list is submitted to the Commission, specifying the equivalent measures applying to that installation. The exclusion is deemed approved if the Authority does not receive an objection from the Commission in accordance with Directive 2003/87/EC.

(3) The installation shall be excluded following the surrender of allowances in respect of the period during which that installation is in the EU ETS. The Authority shall, where applicable, no longer issue free allowances to that installation pursuant to regulation 14.

(4) Where an installation excluded in accordance with sub-regulation (1) emits twenty-five thousand (25,000) tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year, or the equivalent measures applying to that installation are no longer in place, the installation shall be reintroduced into the EU ETS, starting from the first calendar year following the year when the installation emits twenty-five thousand (25,000) tonnes or more of carbon dioxide equivalent, excluding emissions from biomass. An installation which has been reintroduced into the EU ETS shall stay in the EU ETS for the rest of the period referred to in regulation 11 during which it is reintroduced.

(5) When an installation is reintroduced into the EU ETS pursuant to sub-regulation (4), any allowances to be allocated for free in accordance with regulation 11 shall be granted starting from the year when the installation is reintroduced into the EU ETS. The allowances to be allocated to that installation shall be deducted from the quantity of allowances to be auctioned pursuant to regulation 12.

(6) For installations which were not in the EU ETS during the period from 2008 to 2012, the Authority may apply monitoring, reporting and verification requirements for determining emissions in the three years preceding the year of a notification pursuant to sub-regulation (2).

(7) The Authority shall ensure that the notification to the Commission pursuant to sub-regulation (2), a confirmation that arrangements for monitoring of emissions of an installation excluded in accordance with sub-regulation (1) are in place, and a confirmation INSTALLATIONS

that if an installation excluded in accordance with sub-regulation (1) emits twenty-five thousand (25,000) tonnes or more of carbon dioxide equivalent, excluding emissions from biomass, in any one calendar year, that installation will be reintroduced into the EU ETS, are made available to the public.

(8) The Authority may exclude a hospital from the EU ETS:

Provided that the hospital is subject to equivalent measures that will achieve a contribution to emissions reductions that is equivalent to these regulations.