S.L. 643.2 Art. 18Fines relating to monitoring and reporting of annual emissions. 24 [

(1) An operator of an installation who fails to submit a monitoring plan in accordance with regulation 15 in respect of the period beginning the 1st January, 2013 or a subsequent period, shall be liable to the imposition:

(a) for an operator of an installation for which emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are equal to or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(b) for an operator of an installation for which emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents and equal to or less than five hundred thousand (500,000) tonnes of carbon dioxide equivalent, of an administrative fine of ten thousand euro (€10,000) and, or, three hundred euro (€300) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(c) for an operator of an installation for which emissions for the first calendar year of the period for which the INSTALLATIONS

plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are more than five hundred thousand (500,000) tonnes of carbon dioxide equivalents, of an administrative fine of fifty thousand euro (€50,000) and, or, six hundred euro (€600) for each day of non-compliance, from the date of a notice given by the Authority to the operator.

(2) An operator of an installation who fails to monitor annual emissions during a year in accordance with regulation 15 or fails to submit a verified annual emissions report in respect of a year in accordance with regulation 16, shall be liable to the imposition:

(a) for an operator of an installation for which emissions for that year are equal to or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(b) for an operator of an installation for which emissions for that year are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents and equal to or less than five hundred thousand (500,000) tonnes carbon dioxide equivalents, of an administrative fine of ten thousand euro (€10,000) and, or, three hundred euro (€300) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(c) for an operator of an installation for which emissions for that year are more than five hundred thousand (500,000) tonnes carbon dioxide equivalents, of an administrative fine of fifty thousand euro (€50,000) and, or, six hundred euro (€600) for each day of non-compliance, from the date of a notice given by the Authority to the operator.

(3) For the purposes of determining the administrative fine under this regulation, where the emissions of the installation are not known or 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, the Authority may itself determine the emissions from the activities performed in that installation. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. The operator of the installation shall be liable to the imposition of an administrative fine equal to the amounts established in sub-regulations (1) and (2) in respect of the quantity of emissions estimated by the Authority in terms of this sub-regulation. S.L.643.02 INSTALLATIONS