(1) Article 34W is amended as follows.

(2) After paragraph (1)(ga) insert -

"(gb) if the regulator is investigating for the purposes of Article 2b(4)(b) of the Free Allocation Regulation whether the installation has produced electricity for sale for consumption outside the installation;".

(3) In paragraph (2) for "paragraph (1)(a) to (ga)" substitute "paragraph (1)(a) to (gb)".