Article 59 Ultra-small emitters: reportable emissions exceeding maximum amountI1

United Kingdom

(1)

Subject to paragraph (3), where an installation's reportable emissions in a scheme year for which the installation is an ultra-small emitter exceed the maximum amount, the operator of the installation is liable to a civil penalty.

(2)

The civil penalty is (RE – maximum amount) x CP, where—

RE is the installation's reportable emissions in the scheme year;
CP is the carbon price for the scheme year.

(3)

A civil penalty under this article may be imposed only in respect of—

(a)

the first scheme year in F1the period beginning with 1st January 2021 and ending with 31st December 2025, or in the 2026-2030 period, in which the installation's reportable emissions exceed the maximum amount; and

(b)

if the following scheme year is in the same F2... period, that scheme year.

(4)

In this article, “maximum amount” has the meaning given in paragraph 1 of Schedule 8.

Annotations

Textual amendments

F1: Words in art. 59(3)(a) substituted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 25(2)(a)
F2: Word in art. 59(3)(b) omitted (31.3.2025) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 25(2)(b)

Commencement

I1: Art. 59 in force at 12.11.2020, see art. 2(1)