Regulation 58 Failure to notify when an Article 27 installation ceases to meet the criteria for being Article 27F1

An operator of an Article 27 installation (“P”) is liable to the civil penalties in paragraphs (2) and (3) where P fails to comply (or comply on time) with a notification requirement under—

For the first scheme year in which P fails to comply with the requirement to notify by 31st March in that year, the civil penalty is £2,500.

For the first and each subsequent scheme year in which P has still failed to comply with the notification requirement by 31st October in that year, P is at the end of the following scheme year (“S”) liable to the civil penalty in paragraph (4).

The civil penalty is 2 × (A + B), where—

• A is £2,500;

• B is the avoided compliance costs.

In paragraph (4) “avoided compliance costs” means ((W – X) × Y) – Z, where—

• W is the amount of annual reportable emissions arising in S;

• X is the number of allowances for S to which P would have been entitled in accordance with Article 10a of the Directive, if the installation had not been an Article 27 installation and had been carrying out regulated activities;

• Y is the carbon price for S;

• Z is any penalty due under regulation 55 in respect of S.