The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019

Amendment of regulation 87B

26.—(1) Regulation 87B(1) is amended as follows.

(2) For paragraphs (1) and (2) substitute—

“(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 exceed P’s verified annual reportable emissions for that year.

(2) This paragraph applies where—

(a) the regulator becomes aware that P’s reportable emissions in Y exceed P’s verified annual reportable emissions in respect of that year; and

(b) P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the year following Y.”.

(3) In paragraph (5)—

(a) omit sub-paragraph (b);

(b) omit sub-paragraph (d);

(c) after sub-paragraph (e), insert—

“(ea) “verified annual reportable emissions” means—

(i) reportable emissions that are verified pursuant to regulation 10 of the 2005 Regulations(2) or regulation 21 of the 2010 Regulations(3);

(ii) reportable emissions that are determined by the regulator under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations;”.

(1)

Regulation 87B was inserted by S.I. 2013/3135.

(2)

S.I. 2005/925, revoked by S.I. 2012/3038.

(3)

S.I. 2010/1996, revoked by S.I. 2012/3038.