CERTIFICATION OF A FACILITY. 5.1 The Administrator must certify that a facility is covered by an agreement from the signing of an underlying agreement to the end of the certification period in which the underlying agreement is signed.
5.2 The Administrator must certify that a facility is covered by an agreement for any certification period other than the certification period in which the underlying agreement is signed, where it appears to the Administrator that progress made in the immediately preceding certification period, whether under the underlying agreement or under any previous underlying agreement, towards meeting targets set for the target unit is, or is likely to be, satisfactory.
5.3 For the purposes of this Rule, progress made in the immediately preceding certification period towards meeting targets set for the target unit is, or is likely to be satisfactory only where condition 1 and condition 2 are satisfied.
5.4 Condition 1 is that:
5.4.1 the target set for the target unit for the relevant target period is met, in accordance with Rule 6; or
5.4.2 if the target set for the target unit has not been met, the target unit has paid the buy-out fee in accordance with Rule 7.
5.5 Condition 2 is that obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have been complied with in respect of each facility comprising the target unit.
5.6 If:
5.6.1 a target unit has failed to meet its target in accordance with Rule 6 and the Operator has failed to pay the buy-out fee in accordance with Rule 7;
5.6.2 obligations imposed under or by virtue of regulations made for the purpose of implementing the EU ETS Directive have not been complied with in respect of any facility in a target unit; or
5.6.3 the underlying agreement or umbrella agreement is terminated in accordance with Regulation 17(1)(2), or (3) or Regulation 18, the Administrator must not certify that the facility or facilities comprising the target unit are covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Schedule 6.
5.7 If:
5.7.1 a facility is not or ceases to be eligible for inclusion in an agreement; or
5.7.2 a facility is excluded from an underlying agreement under Rule 10; the Administrator must not certify that the facility is covered by an agreement or, where a certificate has been issued, the Administrator must vary the certificate in accordance with paragraph 45 of Sched...
CERTIFICATION OF A FACILITY. 5.1 The Administrator shall certify that a facility is covered by a climate change agreement from the signing of an underlying agreement to the end of the certification period in which the underlying agreement is signed.
5.2 Subject to Rule 5.1, the Administrator shall certify that a facility is covered by a climate change agreement where it appears to the Administrator that progress made in the immediately preceding certification period, whether under the underlying agreement or under any previous climate change agreement, towards meeting targets set for the facility is, or is likely to be, satisfactory.
5.3 For the purposes of this Rule, progress made in the immediately preceding certification period towards meeting targets set for the facility is, or is likely to be satisfactory where:
5.3.1 The target set for the target unit in the underlying agreement for the relevant target period is met in accordance with Rule 6; and
5.3.2 Sufficient allowances have been surrendered by the target unit to meet any compliance obligations under the EU ETS; or
5.3.3 In the case of an excluded installation, has met its obligations under the Greenhouse Gas Regulations.
