22ZDFactor—EASPiatfincurr

#### 22ZD Factor—EASPiatfincurr New or expected additional production (1) For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a new entrant, the amount or volume of relevant product that is reasonably likely to be produced in the financial year that began six months before the year to which the application relates and that is referrable to that site. (2) For the factor EASPiatfincurr in subregulation 22ZB(3), new or expected additional production is, if the site meets the criteria for a significant expansion, the amount or volume of the relevant product that: (a) is reasonably likely to be produced in the financial year that began six months before the year to which the application relates; and (b) exceeds the amount of the production of the relevant product produced in the previous financial year; and (c) is referrable to that site. Criteria for new entrant site (3) For subparagraph (b)(i) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are: (a) the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site has not been carried on at that site in the financial year that began 18 months before the year to which the application relates; or (b) all of the following: (i) the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site was carried on for the first time at that site in the financial year that began 18 months before the year to which the application relates; (ii) no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year; or (c) all of the following: (i) the emissions‑intensive trade‑exposed activity mentioned in the application in relation to the site commenced to be carried on again at the site in the financial year that began 18 months before the year to which the application relates after a period of more than 12 months during which the activity was not carried on at the site; (ii) no application for an exemption certificate was made in relation to the carrying on of that activity at that site for the previous year. Criteria for significant expansion site (4) For subparagraph (b)(ii) of the factor EASPiatfincurr in subregulation 22ZB(3), the specified criteria are: (a) an emissions‑intensive trade‑exposed activity was carried on at the site in the year preceding the year to which the application relates; and (b) equipment has been installed, or is to be installed, at the site to carry on the activity; and (c) the equipment has not previously been taken into account under these Regulations in relation to the significant expansion of a site; and (d) for equipment that has been installed—the equipment was first fully installed at the site not more than 4 and a half years before the start of the year to which the application relates; and (e) for equipment that is to be installed—the equipment is expected to be installed, or substantially installed, within 6 months after the end of the year to which the application relates; and (f) after the equipment is commissioned, and any existing equipment that is to be decommissioned has been decommissioned, the maximum productive capacity of the equipment used to produce the relevant product will be more than 20% greater than the maximum productive capacity of the equipment that existed before the installation. (5) In paragraph (4)(f), a reference to the equipment that existed before the installation does not include decommissioned equipment that exists at the site and that: (a) has not been used since the equipment was installed; and (b) is not proposed to be used for at least 12 months after the application year. (6) In subregulation (4), equipment means equipment that is used, or is to be used, to carry on an emission‑intensive trade‑exposed activity, including the following: (a) an apparatus; (b) an appliance; (c) a boiler; (d) a chimney; (e) a crane; (f) a device; (g) a dredge; (h) a dryer; (i) an electrolytic cell; (j) an engine; (k) a furnace; (l) a generator; (m) an incinerator; (n) an instrument; (o) a kiln; (p) a machine; (q) an oven; (r) plant; (s) a retort; (t) a structure; (u) a tool.