S.L. 643.2 ст. 28Optional exclusion of reserve or backupunitswhich do not operate more than 300 hours.

(1) Where an operator of an installation notified the

Authority of a reserve or backup unit which did not operate more than 300 hours per year 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 unit from the EU ETS:

Provided that the Authority shall notify the Commission of such a unit 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 reserve or backup unit has operated more than 300 hours in any one calendar year.

(2) Where a reserve or backup unit excluded in accordance with sub-regulation 1 operates more than 300 hours in any one calendar year, the unit shall be reintroduced into the EU ETS, starting from the first calendar year following the year when the unit has operated more than 300 hours.

(3) When a unit is reintroduced into the EU ETS pursuant to sub-regulation (2), any allowances to be allocated for free in respect of that unit in accordance with regulation 11 shall be granted starting from the year when the unit is reintroduced into the EU ETS. The allowances to be allocated to that unit 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 the hours of operation of a unit excluded in accordance with sub-regulation (1) are in place, and a confirmation that if a unit excluded in accordance with sub-regulation

(1) operates more than 300 hours in any one calendar year, that unit will be reintroduced into the EU ETS, are made available to the public.