Regulation 44 Power to determine reportable emissionsF1
United Kingdom
A power of the regulator to make a conservative estimate of emissions in accordance with Article 70 of the Monitoring and Reporting Regulation F22018 (a “determination of emissions”) may also be exercised where—
an operator fails to comply with the requirement to submit—
a surrender report in accordance with paragraph 4(1)(a) and (b) of Schedule 4; or
a revocation report in accordance with paragraph 5(1)(a) and (b) of Schedule 4;
an operator has failed to satisfy the regulator as required pursuant to paragraph 2(3)(c) of Schedule 4 or paragraph 3(8)(c) of Schedule 5; F3or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the regulator considers that such a determination is necessary for the purpose of imposing, or considering whether to impose, a penalty under Part 7.
In the case referred to in paragraph (1)(b), in making the determination the regulator may substitute an emissions factor of greater than zero for the factor reported in respect of the bioliquids concerned.
The regulator may make a determination of emissions where—
the operator has failed to submit a report as required pursuant to paragraph 3(8)(b) of Schedule 5; or
the regulator has reason to believe that the report submitted is incorrect.
A notice under paragraph (4) F8or under paragraph (5C)(a)—
Paragraph (5B) applies where –
a determination of emissions has been notified to the operator F14... under paragraph (4); and
the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination.
The regulator must withdraw the determination and make a further determination of emissions (the “rectified determination”).
Where—
any rectified determination is notified to the operator F17... concerned; and
the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination,
the regulator must withdraw the rectified determination and make one or more further rectified determinations.
Annotations
Textual amendments
- F1
Regulations revoked in so far as they continue to apply in relation to the UK Registry (1.5.2021) by The Greenhouse Gas Emissions (Kyoto Protocol Registry) Regulations 2021 (S.I. 2021/511), regs. 1, 12
- F2
Word in reg. 44(1) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 18(2)(a) (with reg. 31(2)) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F3
Word in reg. 44(1)(b) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 18(2)(b) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F4
Reg. 44(1)(c) omitted (1.1.2021) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 18(2)(c) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F5
Words in reg. 44(4)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(a)(i) (with reg. 46)
- F6
Words in reg. 44(4)(b) inserted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 18(3) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F7
Words in reg. 44(4)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(a)(ii) (with reg. 46)
- F8
Words in reg. 44(5) inserted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 18(4)(a) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F9
Words in reg. 44(5)(a) substituted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 18(4)(b) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F10
Words in reg. 44(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(b)(i) (with reg. 46)
- F11
Word in reg. 44(5)(b) inserted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 18(4)(c) (with reg. 31(2)) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F12
Words in reg. 44(5)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(b)(ii) (with reg. 46)
- F13
Reg. 44(5A)-(5D) inserted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 18(5) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F14
Words in reg. 44(5A) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(c) (with reg. 46)
- F15
Words in reg. 44(5C)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(d)(i) (with reg. 46)
- F16
Words in reg. 44(5C)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(d)(ii) (with reg. 46)
- F17
Words in reg. 44(5D)(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(e) (with reg. 46)
- F18
Word in reg. 44(6) inserted (1.1.2021) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(4), 18(6) (with reg. 31(2)) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F19
Words in reg. 44(6) omitted (31.12.2020 immediately before IP completion day) by virtue of The Greenhouse Gas Emissions Trading Scheme (Withdrawal Agreement) (EU Exit) Regulations 2020 (S.I. 2020/1369), regs. 1(2), 12(f) (with reg. 46)