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S.L. 643.2 · European Union Greenhouse Gas Emissions (S.L. 643.2)

S.L. 643.2 ст. 4Greenhouse gas emissions permits.

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(1) No operator of an installation shall carry out any activity listed in Schedule 1 resulting in emissions specified in relation to that activity unless such operator holds a permit issued by the Authority in accordance with regulation 6.

(2) Where an operator of an installation carries out any activity listed in Schedule 1 without holding a permit in accordance with sub-regulation (1), the operator of that installation shall be liable to the imposition of an administrative fine:

(a) where emissions of an installation during that year are equal to or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of ten thousand euro (€10,000), and one hundred euro (€100) for each day of non-compliance from the date of a notice given by the Authority to the operator;

(b) where emissions of an installation during 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 of carbon dioxide equivalent, of fifty thousand euro (€50,000), and three hundred euro (€300) for each day of non-compliance from the date of a notice given by the Authority to the operator;

(c) where emissions of an installation during that year are more than five hundred thousand (500,000) tonnes of carbon dioxide equivalents, of one hundred thousand INSTALLATIONS

euro (€100,000), and 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 sub-regulation (2), where the emissions of the installation are not known or are not reported or where the Authority is satisfied that there is no reasonable possibility that the 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-regulation (2) in respect of the quantity of emissions estimated in terms of this sub-regulation.

(4) A permit issued by the Authority in accordance with sub-regulation (1) shall be valid for the duration of the performance of the activity or activities listed in Schedule 1 in respect of which the permit is issued, unless the permit is surrendered in accordance with regulation 9 or revoked in accordance with regulation 10.

(5) The Authority shall ensure that permits issued by it in accordance with sub-regulation (1) shall be made publicly available.