S.L. 643.2 Art. 27Optional exclusion of installations emitting less than 2,500 tonnes.

(1) Where an operator of an installation has reported, for that installation, verified emissions of less than two thousand five hundred (2,500) tonnes of carbon dioxide equivalent, disregarding 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, exclude that installation from the EU ETS:

Provided that the Authority shall notify the Commission of such an installation 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:

Provided further that arrangements for monitoring of emissions are in place to assess whether the installation emits two thousand five hundred (2,500) tonnes or more of carbon dioxide equivalent, disregarding emissions from biomass, in any one calendar year.

(2) Where an installation excluded in accordance with sub-regulation (1) emits two thousand five hundred (2,500) tonnes or more of carbon dioxide equivalent, disregarding emissions from biomass, in any one calendar year, the installation shall be reintroduced into the EU ETS, starting from the first calendar year following the year when the installation emits two thousand five hundred (2,500) tonnes or more of carbon dioxide equivalent, disregarding emissions from biomass.

(3) When an installation is reintroduced into the EU ETS pursuant to sub-regulation (2), 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.

(4) The Authority shall ensure that the notification to the Commission pursuant to sub-regulation (1), a confirmation that arrangements for monitoring of emissions of an installation excluded in accordance with sub-regulation (1) are in place, and a confirmation S.L.643.02 INSTALLATIONS

that if an installation excluded in accordance with sub-regulation (1) emits two thousand five hundred (2,500) tonnes or more of carbon dioxide equivalent, disregarding emissions from biomass, in any one calendar year, that installation will be reintroduced into the EU ETS, are made available to the public.