Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes

Changes over time for: Article 3

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Article 3U.K.Reporting requirements

1.Starting in 2021, the operators of installations [F1that are FA installations] shall report annually on the activity level of each sub-installation in the preceding calendar year. In 2021, this report shall include data for the two years preceding its submission. [F2 In 2026 this report must include data for the 2 years preceding its submission if the operator is not required under this Article to submit in 2025 a report including data for 2024.]

F3...

2.The activity level report must [F4be verified as satisfactory in accordance with the Verification Regulation 2018 and] contain information on the activity level of each sub-installation and on each of the parameters listed in sections 1, except 1.3 (c) [F5and 1.4(e)], and 2.3 to 2.7 of Annex IV to Delegated Regulation (EU) 2019/331. The activity level report shall also contain information F6... on whether any sub-installation has ceased [F7operation].

F8...

3.The activity level report shall be submitted [F9to the regulator on or before 30 June in the 2021 scheme year and on or before 31 March in each subsequent scheme year]. It shall be submitted together with a verification report on the activity level report issued pursuant to Implementing Regulation (EU) 2018/2067.

F10...

4.The [F11regulator] shall assess the activity level report referred to in paragraphs 1 to 3 of this Article in accordance with the requirements of Articles 7 to 12 of Delegated Regulation (EU) 2019/331. The [F11regulator] may make a conservative estimate of the value of any parameter in any of the following situations:

(a)no F12... activity level report has been submitted by the operator by the time limit referred to in paragraph 3 F13...;

(b)the verified value submitted is not in compliance with this Regulation or Delegated Regulation (EU) 2019/331;

(c)the activity level report of an operator has not been verified [F14as satisfactory] in accordance with Implementing Regulation (EU) 2018/2067.

F15...

Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the operator before issuing the verification report, the [F11regulator] shall assess those misstatements, and make a conservative estimate of the value of a parameter, where possible. The [F11regulator] shall inform the operator whether and which corrections are required to the activity level report. The operator shall make that information available to the verifier.

[F165.Where the regulator makes an estimate of the value of a parameter under paragraph 4, the regulator must give notice of the value to the operator

6.Subject to paragraph 8, where notice of an estimate of the value of a parameter is given, for the purposes of this Regulation, the operator must be treated as having submitted an activity level report including the estimated value.

7.Where, after making an estimate of a parameter (including a rectified estimate, or a further rectified estimate, made under this paragraph), the regulator considers that there is an error in the estimate, the regulator must:

(a)withdraw any notice of the estimate given under paragraph 5;

(b)make a rectified estimate; and

(c)give notice of the rectified estimate in accordance paragraph 5,

and paragraph 6 applies to a notice of the rectified estimate as it does to the notice of the previous estimate.

8.Where no activity level report has been submitted by the operator of an installation by the time limit referred to in paragraph 3 and the regulator makes an estimate of the value of a parameter under paragraph 4(a):

(a)Article 3a does not apply;

(b)the regulator must not send to the UK ETS authority under Article 6a(2) any adjustment to free allocation calculated on the basis of such an estimate, or any recalculation of the preliminary or final annual number of allowances to be allocated in respect of the installation calculated on the basis of such an estimate, if the effect of the adjustment is to increase the final annual number of allowances to be allocated.]

Textual Amendments

F1Words in Art. 3(1) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(2)(a)(i)

F2Words in Art. 3(1) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(2)(a)(ii)

F3Words in Art. 3(1) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(2)(b)

F4Words in Art. 3(2) inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(3)(a)(i)

F5Words in Art. 3(2) inserted (E.W.S.) (1.1.2024 immediately after S.I. 2023/850 comes into force) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023 (S.I. 2023/1387), arts. 2(1), 22(2)

F6Words in Art. 3(2) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(3)(a)(ii)

F7Word in Art. 3(2) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(3)(a)(iii)

F8Words in Art. 3(2) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(3)(b)

F9Words in Art. 3(3) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(4)(a)

F10Words in Art. 3(3) omitted (31.12.2020) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(4)(b)

F11Word in Art. 3(4) substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), art. 2(2), Sch. 2 para. 4(5)(a)