S.L. 643.2 Art. 17Competent authority acceptance of verified annual emissions reports and determination of emissions in case of non- reporting or non- verification.

(1) The Authority may perform any checks it deems necessary to ensure that a report submitted by an operator is in accordance with regulation 16.

(2) The Authority shall, on the basis of the information included in the annual emissions report and the verification report submitted in accordance with regulation 16 and its own checks, without undue delay, determine whether it can accept the submitted annual emissions report. The Authority shall not accept a report of annual emissions which has not been verified as satisfactory or for which a verification report has not been submitted. The Authority shall inform the operator, in writing or through other documented means, of its decision. Where it deems necessary, the Authority may require the submission of a revised annual emissions report. The revised annual emissions report shall be verified in accordance with regulation 16. Where necessary the operator shall also update the amount of emissions entered into the Union Registry.

(3) Where, in respect of any monitoring year, an operator of an installation does not submit a verified annual emissions report in accordance with regulation 16, or where it is deemed that the operator has not submitted an annual emissions report which is in accordance with the requirements set out in regulation 16, the Authority may, unless there is written agreement between the Authority and the operator providing otherwise, itself determine the emissions for activities performed in that installation for that monitoring year. The Authority shall use best available data and S.L.643.02 INSTALLATIONS

ensure that a conservative estimate is made that does not underestimate emissions. When annual emissions are determined under this sub-regulation, the Authority shall consider the requirements set out in Schedules 3 and 4: Provided that the Authority shall notify the operator of the installation of the emissions as determined and the methodology used to determine such emissions: Provided further that the Authority shall enter the amount of emissions as determined in accordance with this sub-regulation into the Union Registry.

(4) Where the verification report submitted with an annual emissions report states outstanding non-conformities or recommendations for improvements, the operator of the installation shall submit to the Authority, by not later than 30th June of the year when the verification report is issued by the verifier, an improvement report describing how and when the operator has rectified or plans to rectify the non-conformities identified by the verifier and to implement recommended improvements.

(5) The Authority shall, within a reasonable time, approve the improvement report and inform the operator of the installation of its approval. Where it deems necessary, the Authority may require the submission of a revised improvement report.