(22)Following the introduction of new rules on the conditionality of free allocation on climate neutrality plans pursuant to Article 10a(1) and Article 10b(4) of Directive 2003/87/EC, the procedural steps of the conditionality are to be supplemented. In accordance with Article 10a(1), fifth subparagraph, of that Directive, the operators are to establish climate-neutrality plans by 1 May 2024. In order to align the conditionality with the existing procedure of application for free allocation, the climate-neutrality plans should be submitted by 30 May 2024, or as appropriate depending on the alternative time-limit for the submission of such applications set by Member States. In accordance with Article 10a(1) of Directive 2003/87/EC, the installations concerned by this conditionality are those whose greenhouse gas emission levels are higher than the 80th percentile of emission levels for the relevant product benchmarks in the years 2016 and 2017. For this purpose, the calculation for the determination of the revised benchmark values in accordance with Commission Implementing Regulation (EU) 2021/447note should be used. That determination is based on verified information on the greenhouse gas efficiency of installations reported pursuant to Article 11 of Directive 2003/87/EC for the years 2016 and 2017. As benchmarks are defined at sub-installation level, it is appropriate to introduce a threshold for small sub-installations below which the conditionality does not apply, provided that the sub-installation does not contribute to more than 20 % of the total preliminary free allocation of the installation.
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