S.L. 643.2 Art. 10Revocation of greenhouse gas emissions permits. 14 [

(1) The Authority may, at any time, revoke a greenhouse gas emissions permit issued to an operator of an installation.

(2) The Authority may revoke a permit in accordance with sub-regulation (1) by issuing a notice of revocation of a permit to the operator, which shall include the following:

(a) information clearly identifying the operator and the installation or installations covered by the notice;

(b) the reasons for the revocation of the greenhouse gas emissions permit;

(c) the date on which the notice takes effect, which shall not be earlier than fifteen days from the date of the notice;

(d) the requirement for the operator to monitor and report, by the date that may be specified in the notice of revocation of a permit, and in accordance with these regulations, verified emissions for any years in which the operator performed the activity or activities S.L.643.02 INSTALLATIONS

covered by the permit and for which he did not submit a verified emissions report;

(e) the requirement for the operator to surrender, by the date that may be specified in the notice of revocation of a permit, and in accordance with these regulations, a quantity of allowances equal to the amount of emissions reported, for any years in which the operator performed the activity or activities covered by the permit and in respect of which he did not surrender allowances.

(3) The permit shall cease to have effect from the date on which the notice for revocation of a permit becomes effective in so far as it authorises the carrying out of an activity or activities in the installations or installations covered by the permit: Provided that any conditions in the permit shall remain in effect until the Authority is satisfied that the requirements under sub-regulation (2) have been complied with or that there is no reasonable possibility of further allowances being surrendered by the operator of the installation to which the notice for revocation of a permit relates.

(4) The Authority shall notify the national registry administrator of any revocation of a permit and the coming into effect of such revocation. The national registry administrator shall ensure that any changes required are made to the account or accounts relating to the installation or installations to which the revocation of a permit relates so as to reflect the revocation of the permit.

(5) When a permit for an installation is revoked without sufficient allowances having been surrendered to cover all emissions reported in respect of that installation in accordance with regulation 19, the operator of that installation shall be liable to the imposition of an administrative fine of one hundred euro (€100) for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances.

(6) From the 1st January, 2013, where, for the year in which an operator surrendering a permit does not surrender sufficient allowances, the annual average Harmonised European Index of Consumer Prices published shows a percentage increase as compared to the latest Harmonised European Index of Consumer Prices published for the previous year, the administrative fine shall be increased by the same percentage. The administrative fine as revised pursuant to this sub-regulation shall apply to subsequent years unless further increased in accordance with the Harmonized European Index of Consumer Prices. For the purposes of this sub-regulation, each allowance not surrendered by the operator for a tonne of carbon dioxide equivalent emitted shall be considered as a separate contravention.

(7) For the purposes of determining the total administrative fine under sub-regulation (5), where the emissions of the installation or installations are not known, or are not reported, or INSTALLATIONS

where the Authority is satisfied that there is no reasonable possibility that a verified quantity of emissions will be reported by the operator of the installation or installations covered by the permit to be surrendered, the Authority may itself determine the emissions from the activities performed in the installation or installations. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. The operator shall be liable to the imposition of an administrative fine equal to the amount established in sub-regulation (5) in respect of the quantity of emissions estimated in terms of this sub-regulation.