S.L. 643.3 Art. 15Fines relating to monitoring and reporting of annual emissions.

(1) An aircraft operator who fails to submit a monitoring plan in accordance with regulation 12 in respect of the years 2010

and 2011, shall be liable to the imposition 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.

(2) An aircraft operator who fails to monitor annual emissions in accordance with regulation 12 or fails to submit an annual emissions report in accordance with regulation 13 in respect of the years 2010 and 2011, shall be liable to the imposition 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.

(3) An aircraft operator who fails to submit a monitoring and reporting plan in accordance with regulation 12 in respect of the st st period from 1 January, 2012 to 31 December, 2012, the period st beginning 1 January, 2013 or a subsequent period, shall be liable to the imposition:

(a) for an aircraft operator whose 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 less than ten thousand (10,000) tonnes carbon dioxide equivalents, of an administrative fine of one thousand euro (€1,000) and, or, fifty euro (€50) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(b) for an aircraft operator whose 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 greater than ten thousand (10,000) tonnes carbon dioxide equivalents and 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;

(c) for an aircraft operator whose 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 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;

(d) for an aircraft operator whose 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 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.

(4) An aircraft operator who fails to monitor annual emissions during a year in accordance with regulation 12 or fails to submit a verified annual emissions report in respect of a year in accordance with regulation 13 in respect of the period from 1st January, 2012 to st st 31 December, 2012, the period beginning 1 January, 2013 or a subsequent period, shall be liable to the imposition:

(a) for an aircraft operator whose emissions for that year are less than ten thousand (10,000) tonnes carbon dioxide equivalents, of an administrative fine of one thousand euro (€1,000) and, or, fifty euro (€50) for each day of non-compliance, from the date of a notice given by the Authority to the operator;

(b) for an aircraft operator whose emissions for that year are equal to or greater than ten thousand (10,000) tonnes carbon dioxide equivalents and 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;

(c) for an aircraft operator whose emissions for that year are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents and equal to or less than fifty 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;

(d) for an aircraft operator whose emissions for that year 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.

(5) For the purposes of determining the administrative fine under this regulation, where the emissions of the aircraft operator are not known or are not reported or where the Authority is satisfied that there is no reasonable possibility that a verified quantity of emissions will be reported by the aircraft operator, the Authority may itself determine the emissions from the activities performed by the aircraft operator. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. The aircraft operator shall be liable to the imposition of an administrative fine equal to the amounts established in sub-regulations (3) and (4) in respect of the quantity of emissions estimated in terms of this sub-regulation.