National Allocation Plans notification

Article 3(h) states that new entrant means any installation carrying out one or more of the activities indicated in Annex I, which has obtained a greenhouse gas emissions permit or an update of its greenhouse gas emissions permit because of a change in the nature or functioning or an extension of the installation, subsequent to the notification to the Commission of the national allocation plan. 

Table 2.1 Overview of initial notification and assessment dates of National Allocation Plans...

Within three months of notification of a national allocation plan by a Member State under paragraph 1, the Commission may reject that plan, or any aspect thereof, on the basis that it is incompatible with the criteria listed in Annex III or with Article 10. The Member State shall only take a decision under Article 11(1) or (2) if proposed amendments are accepted by the Commission. Reasons shall be given for any rejection decision by the Commission. 

Article 9(3) mandates the Commission to assess a notified allocation plan and empowers it to prevent the implementation of a plan at national level, if it finds the plan to be incompatible with the criteria in Annex III of the Directive or the provisions of Article 10. The Commission is given three months from the notification of a plan to carry out the assessment. It is furthermore obliged to justify any rejection decision. In the event that a plan is rejected the Commission has to accept amendments proposed by the Member State before the plan can be implemented at national level. 

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