OpenLegislation

Paragraph 5 Duty to monitor reportable emissions, etc.

Original text. Later amendments are not shown.

(1)

Where an installation is an ultra-small emitter for a scheme year, the operator of the installation must monitor the installation’s reportable emissions in the scheme year in accordance with the appropriate monitoring plan.

(2)

The appropriate monitoring plan is—

(a)

the monitoring plan approved in relation to the installation under Articles 11 to 13 of the Monitoring and Reporting Regulation 2018 for the 2025 scheme year, including—

(i)

any modifications approved by the regulator in that scheme year; and

(ii)

any modifications that are not significant (within the meaning of Article 15(3) of that Regulation) notified to the regulator on or before 31st December 2025; or

(b)

if there is no such monitoring plan, the monitoring plan approved in relation to the installation under Articles 11 to 13 of the Monitoring and Reporting Regulation 2012 for the purposes of the EU ETS for the scheme year (within the meaning of GGETSR 2012) beginning on 1st January 2020, including—

(i)

any modifications approved by the regulator in that scheme year; and

(ii)

any modifications that are not significant (within the meaning of Article 15(3) of that Regulation) notified to the regulator on or before 31st December 2020.

(3)

Subject to sub-paragraphs (4) to (6), where an installation is an ultra-small emitter for a scheme year, the Monitoring and Reporting Regulation 2018 does not apply to the monitoring or reporting of emissions of greenhouse gases from the installation in the scheme year.

(4)

Article 14 of the Monitoring and Reporting Regulation 2018 applies to the operator of an installation that is an ultra-small emitter for a scheme year, but is to be read as if—

(a)

references to the monitoring plan were references to the appropriate monitoring plan;

(b)

in paragraph 1 “, and whether the monitoring methodology can be improved” were omitted;

(c)

in paragraph 2—

(i)

after “the following situations” there were inserted “and those referred to in Article 15(3)(c), (f) and (i)”;

(ii)

points (b) and (d) to (f) were omitted.

(5)

Any modifications to the appropriate monitoring plan under Article 14 of the Monitoring and Reporting Regulation 2018 must be made in accordance with the provisions of that Regulation; but this sub-paragraph does not require—

(a)

the operator to give notice of the modifications to the regulator;

(b)

the regulator to approve the modifications;

(c)

the regulator to assess whether a monitoring methodology is technically feasible or would incur unreasonable costs.

(6)

Where the appropriate monitoring plan is modified under Article 14 of the Monitoring and Reporting Regulation 2018, Article 16 of that Regulation applies in relation to the modifications, but is to be read as if—

(a)

paragraphs 1 and 2 were omitted;

(b)

in paragraph 3—

(i)

references to the monitoring plan were references to the appropriate monitoring plan;

(ii)

points (c) and (d) were omitted;

(iii)

in point (e) “in accordance with paragraph 2 of this Article” were omitted.

(7)

Where the appropriate monitoring plan is modified under Article 14 of the Monitoring and Reporting Regulation 2018, sub-paragraph (1) of this paragraph has effect as if the reference to the appropriate monitoring plan included a reference to the plan as modified.