S.L. 643.5 Art. 15Administrative penalties relating to monitoring and reporting of annual emissions. 18 [S.L. 19

(1) A regulated entity that fails to submit a monitoring plan in accordance with regulation 13, shall be liable to the imposition:

(a) for a regulated entity for which emissions 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, TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT 643.05 AND ADDITIONAL SECTORS

of an administrative penalty 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 regulated entity;

(b) for a regulated entity for which emissions 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, to an administrative penalty 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 regulated entity.

(2) A regulated entity that 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, shall be liable to the imposition:

(a) for a regulated entity for which emissions for that year are equal to, or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, to an administrative penalty 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 regulated entity;

(b) for a regulated entity 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 penalty 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 regulated entity.

(3) For the purposes of determining the administrative penalty under this regulation, when the emissions of the regulated entity are not known or where the Authority is satisfied that there is no reasonable possibility that a verified quantity of emissions shall be reported by the regulated entity, the Authority may itself determine the emissions from the activities performed in that installation. The Authority shall use the best available data and ensure that a conservative estimate is made that does not underestimate emissions. The regulated entity shall be liable to the imposition of an administrative penalty equal to the amounts established in sub-regulations (1) and (2) in respect of the quantity of emissions estimated by the Authority in accordance with this sub-regulation.