76.—(1) The penalties in paragraph (3) apply where a participant provides an inaccurate annual report contrary to article 31.
(2) In paragraph (1), “inaccurate” means where any of the supplies or emissions reported differ by more than 5% from the supplies or emissions which should have been reported, ignoring any estimation adjustment under paragraph 31 of section 6 of Schedule 1.
(3) The penalties are—
(a)a financial penalty of £40 per tCO2 of so much of those supplies or emissions which were inaccurately reported; and
(b)publication.