S.L. 643.6 Art. 11Administrative penalties relating to reporting of annual emissions.

(1) A shipping company who fails to submit a verified report of aggregated emissions data at company level in respect of a year in accordance with regulation 9 shall be subject to the imposition of an administrative penalty as follows:

(a) 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 shipping company in the case of a shipping company whose aggregated emissions data at company level for that year are less than ten thousand (10,000) tonnes carbon dioxide equivalents;

(b) 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 shipping company in the case of a shipping company whose aggregated emissions data at company level 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;

(c) 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 shipping company in the case of a shipping company whose aggregated emissions data at company level 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;

(d) 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 shipping company in the case of a shipping company whose aggregated emissions data at company level for that year are more than five hundred thousand (500,000) tonnes of carbon dioxide equivalents.

(2) For the purposes of determining the administrative fine under this regulation, where the aggregated emissions data at company level of the shipping company are not known or are not reported or where the Authority is satisfied that there is no reasonable possibility that a verified quantity of aggregated emissions data at company level shall be reported by the shipping company, the Authority may determine the aggregated emissions data at company level from the activities performed by the shipping company. The Authority shall use the best available data and ensure that a conservative estimate is made that does not underestimate emissions. The shipping company shall be liable to the imposition of an administrative fine equal to the amounts established in sub-regulation (1) in respect of the quantity of emissions estimated in terms of this sub-regulation.

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