S.L. 643.2 ст. 9Surrender of greenhouse gas emissions permits. 12 [

(1) An operator who ceases to carry out all of the activities listed in Schedule 1 in all of the installations covered by a greenhouse gas emissions permit shall surrender the permit.

(2) An application for the surrender of a permit shall be submitted to the Authority, in writing, by not later than thirty days from the date on which the operator has ceased to carry out the activity or activities in the installation to which the greenhouse gas emissions permit relates.

(3) An application for the surrender of a permit shall include the following:

(a) the name and address of the applicant;

(b) the name and address of the installation to which the greenhouse gas emissions permit relates; S.L.643.02 INSTALLATIONS

(c) the date on which the activity or activities have ceased being carried out.

(4) The Authority shall process an application for the surrender of a permit submitted in accordance with this regulation within thirty days from the receipt of the application. The Authority shall issue a notice of surrender of a permit, which shall include the following conditions:

(a) a requirement to monitor, and report by the date that may be specified in the notice of surrender of a permit, and in accordance with these regulations, verified emissions for the year during which the notice becomes effective up to the date on which the notice becomes effective;

(b) a requirement to surrender, by the date that may be specified in the notice of surrender of a permit, and in accordance with these regulations, a quantity of allowances equal to the verified emissions reported under paragraph (a);

(c) a requirement to surrender, by the date that may be specified in the notice of surrender of a permit, and in accordance with these regulations, a quantity of allowances equal to verified emissions not covered by surrendered allowances in respect of years previous to the year when the notice of surrender of a permit becomes effective. Monitoring, reporting and verification of emissions referred to in paragraph (a) shall be carried out in accordance with monitoring, reporting and verification requirements in the greenhouse gas emissions permit to which the application to surrender a permit relates.

(5) The permit shall cease to have effect from the date on which the notice for surrender of a permit becomes effective in so far as it authorises the carrying out of an activity or activities in the installation or installations covered by the permit:

Provided that any conditions in the permit shall remain in effect until the Authority is satisfied that the requirements under sub-regulation (4) have been complied with or that there is no reasonable possibility of further allowances being surrendered by the operator of the installation or installations to which the notice for surrender of a permit relates.

(6) The Authority shall notify the national registry administrator of any application for the surrender of a permit made to it and the coming into effect of such surrender. The national registry administrator shall ensure that any changes required are made to the account or accounts relating to the installation or installations to which the surrender of a permit relates so as to reflect the surrender of the permit.

(7) When a permit for an installation is surrendered without sufficient allowances having been surrendered in accordance with INSTALLATIONS

regulation 19 to cover all emissions reported in respect of that installation, the operator of that installation shall be liable to the imposition of an administrative fine of one hundred euro (€100) for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances.

(8) From the 1st January, 2013, where, for the year in which an operator surrendering a permit does not surrender sufficient allowances, the annual average Harmonised European Index of Consumer Prices published shows a percentage increase as compared to the latest Harmonised European Index of Consumer Prices published for the previous year, the administrative fine shall be increased by the same percentage. The administrative fine as revised pursuant to this sub-regulation shall apply to subsequent years unless further increased in accordance with the Harmonized European Index of Consumer Prices. For the purposes of this sub-regulation, each allowance not surrendered by the operator for a tonne of carbon dioxide equivalent emitted shall be considered as a separate contravention.

(9) For the purposes of determining the total administrative fine under sub-regulation (7), where the emissions of the installation or installations 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 operator of the installation or installations covered by the permit to be surrendered, the Authority may itself determine the emissions from the activities performed in the installation or installations. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. The operator shall be liable to the imposition of an administrative fine equal to the amount established in sub-regulation (7) in respect of the quantity of emissions estimated in terms of this sub-regulation.