Regulation 87B Unreported emissions arising before 2013F1F2
Where paragraph (2) applies, a person (“P”) is not liable to an excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a relevant year (“Y”) that exceed P's verified annual reportable emissions for that year.
This paragraph applies where—
the regulator becomes aware that P's reportable emissions in Y 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 year following Y.
Where paragraph (2) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender by 30th April in the year following Y in respect of the unreported emissions.
Regulation 51(1) above applies to a penalty under paragraph (3) as it applies to a penalty under Part 7.
In this regulation—
“allowance” includes—
where the excess emission penalty would arise under the 2010 Regulations, an aviation allowance; and
within the limits allowed by regulation 27A of the 2005 Regulations or regulation 26 of the 2010 Regulations, a project credit as defined by regulation 27 of the 2010 Regulations;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“excess emissions penalty” means the penalty under regulation 39 of the 2005 Regulations or regulation 38(1)(a) of the 2010 Regulations;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“relevant year” means a calendar year prior to 2013;
“verified annual reportable emissions” means—
reportable emissions that are verified pursuant to regulation 10 of the 2005 Regulations or regulation 21 of the 2010 Regulations;
reportable emissions that are determined by the regulator under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations;
“unreported emissions” means the emissions mentioned in paragraph (1);
“sterling equivalent” has the meaning given in regulation 54(7) above.
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
Reg. 87B inserted (31.1.2014) by The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013 (S.I. 2013/3135), regs. 1, 4(5)
- F3
Reg. 87B(1)(2) substituted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 26(2) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F4
Reg. 87B(5)(b) omitted (21.11.2019) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 26(3)(a) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F5
Reg. 87B(5)(d) omitted (21.11.2019) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 26(3)(b) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))
- F6
Reg. 87B(5)(ea) inserted (21.11.2019) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Regulations 2019 (S.I. 2019/1440), regs. 1(2), 26(3)(c) (as amended by S.I. 2020/18, regs. 1, 11(4) and S.I. 2020/1369, regs. 1(2), 44(a))