The CRC Energy Efficiency Scheme Order 2010

Article 75

SCHEDULE 8 Achievement and performance tables

Absolute change in CRC emissions

1.  The percentage change in the CRC emissions of a participant for an annual reporting year (“year A”) compared to—

(a) where it exists, the historic average of CRC emissions of that participant; or

(b) otherwise, the relevant CRC emissions of that participant for the annual reporting year (“year B”) before year A,

is the “absolute change” in CRC emissions for year A.

Relative change in CRC emissions

2.—(1) The percentage change in the CRC emissions of a participant per unit of turnover for year A compared to—

(a) where it exists, the historic average of CRC emissions of that participant per unit of turnover; or

(b) otherwise, the relevant CRC emissions of that participant per unit of turnover in year B,

is the “relative change” in CRC emissions for year A.

(2) In sub-paragraph (1), “year A” and “year B” have the meaning given in paragraph 1.

Historic average of CRC emissions and reported or determined CRC emissions

3.—(1) In paragraphs 1 and 2, an “historic average of CRC emissions” applies where during the previous five years before year A—

(a) there are at least two annual reports where the participant reported CRC supplies (“the historic sequence”); and

(b) those reports have not been found to be inaccurate by the administrator.

(2) The “historic average of CRC emissions” means the average of the CRC emissions in the historic sequence.

(3) In paragraphs 1, 2 and 4, “relevant CRC emissions” means the CRC emissions calculated from the CRC supplies in the annual report, as determined by the administrator under article 47(3) or applied under article 97(4)(a).

(4) In this paragraph—

(a) “year A” has the meaning given in paragraph 1; and

(b) an historic sequence exists even where one or more of the years in that sequence are in different phases.

Adjustments to CRC emissions

4.—(1) Where any of the following applies to a participant in an annual reporting year—

(a) a change in its eligibility criteria for a CCA; or

(b) a change in the application of EU ETS to it,

the participant must notify the change to the administrator within three months of that change.

(2) Sub-paragraph (3) applies where a notification is made under—

(a) sub-paragraph (1); or

(b) Parts 1 or 2 or section 2 of Part 3 of Schedule 6.

(3) Where this sub-paragraph applies, the administrator must calculate, in respect of the participants which may be affected by the change, the appropriate adjustments to—

(a) where it exists, the historic average of CRC emissions; or

(b) otherwise, the relevant CRC emissions in the relevant annual reporting years.

(4) The adjustments made under sub-paragraph (3) must be applied by the administrator when it calculates absolute change and relative change.

(5) The administrator may make adjustments equivalent to those in sub-paragraph (4) where a participant enters into a new CCA or an existing CCA is modified such that a CCA applies to emissions which would be CRC emissions of the participant.

Early action

5.—(1) Sub-paragraphs (2) to (6) apply only to the first phase.

(2) “Early action” is the average of these percentages—

(a) the percentage which the amount during the first year of the phase of—

(i) electricity and gas supplied measured by automatic meters; and

(ii) electricity supplied which is a dynamic supply,

bears to the amount of all electricity and gas supplied during that year, excluding the supply of electricity measured by a settled half hourly meter required to be installed and the supply of gas measured by a daily meter required to be installed;

(b) the percentage which certified CRC emissions during a year of the phase bears to all CRC emissions in that year.

(3) Where under sub-paragraph (2)(a)—

(a) all of the electricity is measured by a settled half hourly meter required to be installed; and

(b) all of the gas supplied is measured by a daily meter required to be installed,

the percentage under sub-paragraph (2)(a) is 50%.

(4) In sub-paragraph (2)(a) “automatic meter” means—

(a) in respect of electricity—

(i) a settled half hourly meter not required to be installed; or

(ii) a non-settled half hourly meter;

(b) in respect of gas—

(i) a daily meter not required to be installed; or

(ii) an hourly meter.

(5) In sub-paragraph (2)(b), “certified CRC emissions” means—

(a) CRC emissions or emissions calculated in an equivalent way to the calculation of CRC emissions; and

(b) where a certification in respect of such emissions is valid on the last day of the relevant year of the phase.

(6) In sub-paragraph (5), “certification” means certification under—

(a) the Carbon Trust Standard Rules version 1.0 dated June 2008(1); or

(b) such other rules concerning the certification of emissions which the administrator and the participant agree.

(1)

These rules are made by the Carbon Trust Standard Company and are available at: http://www.carbontruststandard.com/LinkClick.aspx?fileticket=k3Ji2d698p4%3d&tabid=159&mid=561&language=en-GB. The Carbon Trust Standard Company Limited may be contacted at: 6th Floor, 5 New Street Square, London EC4A 3BF or at [e-mail].