1. The competent authority may consider a regulated entity to be a regulated entity with low emissions where at least one of the following conditions is met:

(a)from 2027 to 2030, the average verified annual emissions in the 2 years preceding the reporting period before the application of the scope factor, with the exclusion of CO₂ stemming from zero-rated fuels, were less than 1 000 tonnes of CO₂ per year;

(b)from 2031, the average annual emissions of that regulated entity reported in the verified emissions reports during the trading period immediately preceding the current trading period, calculated before the application of the scope factor and with the exclusion of CO₂ stemming from zero-rated fuels, were less than 1 000 tonnes of CO₂ per year;

(c)where the average annual emissions referred to in point (a) are not available or no longer representative for the purpose of point (a), but the annual emissions of that regulated entity for the next 5 years, calculated before the application of the scope factor and with the exclusion of CO₂ stemming from zero-rated fuels, will be, based on a conservative estimation method, less than 1 000 tonnes of CO₂(e) per year.