Regulation 54 Failure to surrender allowances

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deemed increase in an installation's annual reportable emissions in a recovery year pursuant to paragraph 2(5) of Schedule 4,

the regulator becomes aware that P's annual reportable emissions in a scheme year exceed P's verified annual reportable emissions in respect of that year; and

P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the following scheme year.

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“unreported emissions” means the emissions mentioned in paragraph (4);

“verified annual reportable emissions” means annual reportable emissions that are—

“sterling equivalent” means, subject to paragraph (8), the sterling equivalent converted by reference to the applicable rate of conversion; and

for that purpose the applicable rate is the first rate of conversion to be published in September of the year preceding the scheme year in which P is liable to the penalty in the C series of the Official Journal of the European Union, adjusted in accordance with paragraph (8).

a person was liable to a civil penalty under this regulation for a failure to surrender a number of allowances equal to the unreported emissions in any relevant year; and

a penalty notice has not been served in respect of that penalty,