(1) Without prejudice to the generality of its powers under section 8 of the Act of 1997, the Panel is empowered, by virtue of this Regulation, to specify in rules under that section circumstances in which the Panel is enabled to adjust the equitable price referred to in Article 5(4) of the Directive upwards or downwards by reference to specified criteria.

(2) Any decision by the Panel to adjust the equitable price shall be substantiated and published.