(a) the person is not in difficulty; and 

(b) the person is not subject to an outstanding recovery order made by virtue of Article 108(2) of the Treaty on the Functioning of the European Union (Commission decision declaring aid illegal and incompatible with the common market). 

(10) For the purposes of these Regulations, a person is “not in difficulty” if it is reasonable to assume that the person would not be regarded as an undertaking in difficulty for the purposes of the European Commission’s Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (2014/C 249/01)( a ).”. 

## Regulation 10 amended (applications for EII certificates) 

8. —(1) Regulation 10 is amended as follows. 

(2) In paragraph (2)— 

(a) for sub-paragraph (f)(ii) substitute— 

(b) for sub-paragraph (h) substitute— 

“(ii) identifying any person with whom that electricity is shared;”; 

“(h) evidence of the proportion of the electricity measured by that meter that was used for a specified activity in the course of the person’s business— 

(i) where at the date of the EII application there is a continuing change in relation to that meter, in the period— 

(aa) beginning on the date (the “commencement date”) on which the last- commencing continuing change commenced; and 

(bb) ending on the earlier of 12 months after the commencement date and the last date for which (at the date of the application) the person has such evidence: 

Provided that this paragraph does not apply unless that period is at least 3 months in length; 

(ii) where paragraph (i) does not apply— 

(aa) if that meter measured the supply of such electricity during the entire previous year, in the previous year; or 

(bb) if that meter did not measure the supply of such electricity during the entire previous year, in the period beginning on the date (the “start date”) on which the supply of such electricity began and ending on the earlier of 12 months after the start date and the last date for which (at the date of the EII application) the person has such evidence; 

(ha) where at the date of the EII application there is a continuing change in relation to that meter, a statement setting out the date on which the last-commencing continuing change commenced;”; 

(c) omit sub-paragraph (i); 

(d) at the end of sub-paragraph (n) omit “and”; 

(e) at the end of sub-paragraph (o) insert “; and”; 

(f) after sub-paragraph (o) insert— 

“(p) a statement that the person is not in difficulty (see regulation 8(10)).”. 

(3) In paragraph (3) for “evidence described in paragraphs (2)(a) and (b)” substitute “evidence mentioned in paragraph (2)(a) and (b) or the statement mentioned in paragraph (2)(p)”. 

(4) After paragraph (4) insert— 

