¹ The FOEN shall calculate the available quantity of emission allowances each year for all installation operators in the ETS as a whole. The calculation is made in accordance with Annex 8.

² It shall each year retain a portion of the quantity calculated pursuant to paragraph 1 in order to make it accessible to the following installation operators:

a.¹³²

installation operators that are entitled to the allocation of emission allowances free of charge pursuant to Article 46a paragraph 1; and

b.

installation operators that are already participating in the ETS, provided:

1.

they bring additional sub-installations under Article 46a paragraph 2 into operation, or

2.

the quantity of emission allowances to be allocated to them free of charge on the basis of Article 46b is increased.

³ The portion under paragraph 2 is the sum of:

a.¹³³

at least 5 per cent of the emission allowances under paragraph 1; and

b.

all the emission allowances that are no longer allocated free of charge based on:

1.

the exemption from the requirement to participate in the ETS under Article 41 or as a result of withdrawals from the ETS under Article 43a,

2.

adjustments under Article 46b,

3.

an incorrect or incomplete monitoring report (Art. 52 para. 8).

⁴ If the portion under paragraph 2 is insufficient to meet claims in full, the emission allowances shall be allocated in the following order:

a.

operators under Article 46a that have been participating in the ETS for at least one full calendar year or that have been operating their new sub-installations for at least one full calendar year;

b.

operators under Article 46a that began participating in the ETS in the previous year or that brought their new sub-installations into operation in the previous year;

c.

installation operators under paragraph 2 letter b number 2;

d.

installation operators under Article 46a that are participating in the ETS for the first time in the year concerned that brought their new sub-installations into operation in the year concerned.¹³⁴

⁵ If the claims cannot be met in full within a group under paragraph 4 letter a, b or d, the time that participation in the ETS began or when the new sub-installations came into operation determines how the emission allowances are allocated to the individual operators. If notification is made after starting the activity or after the new sub-installation comes into operation, the date of notification applies.¹³⁵

⁶ If the claims cannot be met in full within the group under paragraph 4 letter c, the FOEN shall reduce the quantity of emission allowances allocated to the individual operators free of charge on a pro rata basis.¹³⁶