The Greenhouse Gas Emissions Trading Scheme Regulations 2012

[F1Unreported emissions arising before 2013U.K.

This adran has no associated Memorandwm Esboniadol

87B.—(1) Where paragraph (2) applies, a person (“P”) is not liable to an excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a relevant year (“Y”) that—

(a)were not reported in the verified emissions report submitted for Y; but

(b)have been determined by the regulator.

(2) This paragraph applies where P, before the regulator serves on P a penalty notice imposing an excess emissions penalty in respect of emissions in Y (or a notice of the regulator’s intention to do so)—

(a)notifies the regulator that there are reportable emissions not included in the report that has been submitted for Y; and

(b)has surrendered allowances equal to the reportable emissions for Y as determined by the regulator.

(3) Where paragraph (2) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender by 30th April in the year following Y in respect of the unreported emissions.

(4) Regulation 51(1) above applies to a penalty under paragraph (3) as it applies to a penalty under Part 7.

(5) In this regulation—

(a)“allowance” includes—

(i)where the excess emission penalty would arise under the 2010 Regulations, an aviation allowance; and

(ii)within the limits allowed by regulation 27A of the 2005 Regulations or regulation 26 of the 2010 Regulations, a project credit as defined by regulation 27 of the 2010 Regulations;

(b)“determined” means determined under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations;

(c)“excess emissions penalty” means the penalty under regulation 39 of the 2005 Regulations or regulation 38(1)(a) of the 2010 Regulations;

(d)“penalty notice” means a notice under regulation 41(2) of the 2005 Regulations or regulation 30(1) of the 2010 Regulations;

(e)“relevant year” means a calendar year prior to 2013;

(f)“unreported emissions” means the emissions mentioned in paragraph (1);

(g)“sterling equivalent” has the meaning given in regulation 54(7) above.]

Textual Amendments