S.L. 643.5 Art. 12Monitoring of annual emissions. 14 [S.L. 15         S.L. 643.02.  S.L. 643.03.   L.N. 316 of 2024.

(1) A regulated entity shall submit to the Authority a monitoring plan setting out measures to monitor and report emissions of greenhouse gases specified in respect of the activities carried out in that installation as listed in Schedule 1. These measures shall be in accordance with:

(a) the principles set out in Schedule 3;

(b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority in respect of monitoring and reporting of emissions of greenhouse gases from activities listed in Schedule 1. TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT 643.05 AND ADDITIONAL SECTORS

(2) The regulated entity shall submit a monitoring plan for the first time to the Authority at the same time as an application is made for a greenhouse gas emissions permit in accordance with regulation 4.

(3) The monitoring plan submitted by the regulated entity pursuant to sub-regulation (1) shall be approved by the Authority if it is satisfied that the plan is in accordance with the requirements set out under this regulation. The Authority may request from the regulated entity any additional information it deems appropriate for the approval of the plan.

(4) The regulated entity shall notify the Authority of any deviations from the monitoring plan that may occur at any time after the approval of the plan by the Authority:

Provided that the Authority shall be notified of any deviation from the plan:

(a) as early as possible before the deviation occurs, if the deviation is known to the regulated entity, or is made known to the regulated entity prior to its occurrence; or

(b) immediately after the deviation occurs if the occurrence of the deviation is not known to the regulated entity, or is not made known to the regulated entity before, or at the time of its occurrence.

(5) The regulated entity shall maintain a documented record, which shall include information in accordance with requirements that may be established by the Authority, of any deviations that occur during a monitoring year and shall submit such record to the Authority together with the annual emissions report submitted pursuant to regulation 13.

(6) The regulated entity shall regularly check if the approved monitoring plan reflects the nature and function of the installation. The regulated entity may at any time after the approval of the monitoring plan, submit to the Authority proposed modifications that have to be made to the plan, in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/ EC. The regulated entity shall maintain a documented record of all modifications to the monitoring plan. No proposed significant modifications to an approved plan shall be valid without the approval of the Authority.

(7) Where it deems appropriate, the Authority may request the submission of a revised plan.

(8) The regulated entity shall monitor emissions from the activity listed in Schedule 1 during each monitoring year.

(9) Without prejudice to sub-regulation (4), a regulated entity shall monitor the annual emissions in accordance with the monitoring plan approved by the Authority in accordance with this regulation. The Authority may take any action it deems necessary under these regulations to ensure that an operator is monitoring and reporting annual emissions in accordance with the approved monitoring plan.

(10) The regulated entity shall identify and document reliably and accurately, per type of fuel, the precise quantities of fuel released for consumption which are used for combustion in the sectors referred to in Schedule 1, and the final use of the fuels released for consumption.

(11) The regulated entity shall monitor the quantities of fuels released for consumption, the final use of the fuels released for consumption and emissions from fuels released for consumption in a manner that limits the risk of double counting of emissions from the activity listed in Schedule 1 and the emissions from the activities listed in Schedule 1 of the European Union Greenhouse Gas Emissions

Trading System for Stationary Installations Regulations, Schedule 1 of the European Union Greenhouse Gas Emissions Trading System for

Aviation Regulations and Schedule 1 of the European Union

Greenhouse Gas Emissions Trading System for Maritime Transport Regulations.

(12) Where the annual emissions of a regulated entity, corresponding to the quantities of fuels released for consumption by the regulated entity are less than one thousand (1,000) tonnes of carbon dioxide equivalent, the Authority may allow the use of simplified monitoring measures in accordance with decisions and regulations adopted by the Commission pursuant to Directive 2003/87/ EC.