In order to give the possibility to exclude small installations that only started up their Annex I activity in one of the years 2008 to 2010 (and were regarded as new entrants by the competent authority in the 2nd trading period), the words used in Article 27 "in each of the years 2008 to 2010" must be interpreted as "in each of the years 2008 to 2010 in which the installation was performing an Annex I-activity".
Hospitals can be excluded from the EU ETS under Article 27, irrespective of their emissions or thermal capacities. As the Guidance underline, a definition of hospitals should be applied consistently by all Member States in order to prevent abuse of this exception. For this purpose, the operator of a hospital shall provide evidence to the competent authority, that providing hospital activities is the main purpose of the installation in question. This can be a proof from the statistical office that the installation is classified as NACE 85.11 (NACE rev 1.1) or 86.10 (NACE rev. 2).
It follows that decisions in the matter of the said exclusion are very urgent. Installations that are notified later then 30 September 2011 can not be excluded as from EU ETS.
The additional issue is that the European Commission should be notified by 30 September 2011 of equivalent measures applying to the “small” installations – it seems, such “equivalent measures” have to be implemented into national law by the said date. Furthermore, relevant periods for consultations with the operators should be foreseen.