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The Greenhouse Gas Emissions Trading Scheme Order 2020
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- UK Statutory Instruments
- 2020 No. 1265
- SCHEDULE 5
- Paragraph 24
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Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- art. 4A(4)(aa) inserted by S.I. 2024/192 art. 5(2)(c)
- art. 4A(5)(g) inserted by S.I. 2024/192 art. 5(3)
This section has no associated Explanatory Memorandum
[F124. The Verification Regulation 2018 is to be read as if after Article 34 there were inserted—U.K.
“Article 34aU.K.Virtual site visits [F2by verifiers of installations] because of force majeure
Where serious, extraordinary and unforeseeable circumstances, outside the control of the operator F3..., prevent the verifier from carrying out a physical site visit in accordance with Article 21(1) and where these circumstances cannot, after using all reasonable efforts, be overcome, the verifier may decide, subject to the approval of the regulator in accordance with the second and third subparagraph of this Article, to carry out a virtual site visit. The verifier shall take measures to reduce the verification risk to an acceptable level and carry out a physical visit to the site of the installation F3... without undue delay. The decision to carry out a virtual site visit shall be based on the outcome of the risk analysis and after determining that the conditions for carrying out a virtual site visit are met. The verifier shall inform the operator F3... thereof without undue delay.
The operator F4... shall submit an application to the regulator requesting the regulator to approve the verifier's decision to carry out a virtual site visit.
On an application submitted by the operator F5... concerned, the regulator shall decide whether to approve the verifier's decision to carry out a virtual site visit, taking into consideration all of the following elements:
(a)evidence that it is not possible to carry out a physical site visit because of the force majeure circumstances;
(b)the information provided by the verifier on the outcome of the risk analysis;
(c)information on how the virtual site visit will be carried out;
(d)evidence that measures are taken to reduce the verification risk to an acceptable level.
[F6Article 34bU.K.Virtual site visits by verifiers of aircraft operators
1. For the purpose of verifying the report of an aircraft operator (other than a small emitter referred to in Article 55(1) of Implementing Regulation (EU) 2018/2066), the verifier may, with the agreement of the aircraft operator and subject to the approval of the regulator in accordance with paragraph 4, carry out a virtual site visit instead of carrying out a physical site visit in accordance with Article 21(1).
2. Before any virtual site visit, the verifier must undertake a risk analysis that includes considering measures to reduce the verification risk to an acceptable level to obtain reasonable assurance that the aircraft operator’s report is free from material misstatements.
3. An application for the regulator’s approval for a virtual site visit must be submitted by an aircraft operator on or before 28 February in the year after the scheme year to which the aircraft operator’s report relates or such later date as the regulator may specify.
4. On an application being submitted, the regulator must take the following into consideration in deciding whether or not to approve the virtual site visit:
(a)the information provided by the verifier on the outcome of the risk analysis;
(b)information on how the virtual site visit will be carried out;
(c)evidence that measures are taken to reduce the verification risk to an acceptable level;
(d)any proposal to carry out a physical site visit after the virtual site visit;
(e)any other information requested by the regulator to enable the regulator to decide whether or not to approve the virtual site visit.
5. When approving a virtual site visit, the regulator may impose conditions on the approval (including a condition that a physical site visit be carried out within a period specified by the regulator); and the aircraft operator must ensure that any conditions are complied with.”].]
Textual Amendments
F1Sch. 5 substituted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 36
F2Words in Sch. 5 para. 24 inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 14(4)(a)(i)
F3Words in Sch. 5 para. 24 omitted (1.1.2023) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 14(4)(a)(ii)
F4Words in Sch. 5 para. 24 omitted (1.1.2023) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 14(4)(a)(iii)
F5Words in Sch. 5 para. 24 omitted (1.1.2023) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 14(4)(a)(iv)
F6Words in Sch. 5 para. 24 inserted (1.1.2023) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022 (S.I. 2022/1173), arts. 2, 14(4)(b)
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