The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations (Northern Ireland) 2008

Recognition of CHPGOs

10.—(1) A public authority shall recognise a CHPGO issued by any competent authority as proof of the matters referred to in Article 5(5) of the Cogeneration Directive.

(2) For the purposes of the regulation a public authority means any Northern Ireland Minister, government department, public body of any description or any person holding public office.

(3) Subject to paragraph (4), a public authority shall recognise, as proof f the matters referred to in paragraphs 4 to 9 of Schedule 2, a CHPGO which has been issued in accordance with Article 5 of that Directive outside Northern Ireland.

(4) A public authority is not required to recognise, to the extent referred to in paragraph (3), a CHPGO issued outside Northern Ireland if—

(a) it has been requested to refuse or withdraw such recognition by the authority which issued or supervised the issue of the CHPGO; or

(b) on the basis of objective, transparent and non-discriminatory criteria, it is satisfied that the CHPGO should not have been issued or that refusal of recognition is necessary for the prevention of fraud.

(5) Where a public authority has refused to recognise a CHPGO issued in another Member State, it shall recognise that CHPGO where the Commission of the European Communities requires such recognition under Article 5(6) of the Cogeneration Directive.

(6) Nothing in this regulation shall require a public authority to satisfy itself that a CHPGO issued in another Member State or Great Britain has been properly issued.