Amendment of regulation 87B

26.—(1) Regulation 87B(1) is amended as follows.

(2) For paragraphs (1) and (2) substitute—

“(1) 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.

(2) This paragraph applies where—

(a)the regulator becomes aware that P’s reportable emissions in Y exceed P’s verified annual reportable emissions in respect of that year; and

(b)P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the year following Y.”.

(3) In paragraph (5)—

(a)omit sub-paragraph (b);

(b)omit sub-paragraph (d);

(c)after sub-paragraph (e), insert—

“(ea)“verified annual reportable emissions” means—

(i)reportable emissions that are verified pursuant to regulation 10 of the 2005 Regulations(2) or regulation 21 of the 2010 Regulations(3);

(ii)reportable emissions that are determined by the regulator under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations;”.

(1)

Regulation 87B was inserted by S.I. 2013/3135.

(2)

S.I. 2005/925, revoked by S.I. 2012/3038.