(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)—  Provided that this paragraph does not apply unless that period is at least 3  months in length; (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—  (a) for sub-paragraph (f)(ii) substitute—  “(ii) identifying any person with whom that electricity is shared;”;  (b) for sub-paragraph (h) substitute—  “(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:  (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)).”.  ( a ) O.J. C 249, 31.7.2014, p.1.  4