S.L. 643.5 ст. 9Revocation of greenhouse gas emissions permits. 11 12 [S.L.

(1) The Authority may, at any time, revoke a greenhouse gas emissions permit issued to a regulated entity.

(2) The Authority may revoke a permit in accordance with sub-regulation (1) by issuing a notice of revocation of a permit to the regulated entity, which shall include the following:

(a) information clearly identifying the regulated entity covered by the notice;

(b) the reasons for the revocation of the greenhouse gas emissions permit;

(c) the date on which the notice takes effect, which shall not be earlier than fifteen (15) days from the date of the notice;

(d) the requirement for the regulated entity to monitor and report, by the date that may be specified in the notice of revocation of a permit, and in accordance with these regulations, verified emissions for any years in which the regulated entity performed the activity covered by the permit and for which it did not submit a verified emissions report; and

(e) the requirement for the regulated entity to surrender, by the date that may be specified in the notice of revocation of a permit, and in accordance with these regulations, a quantity of allowances equal to the amount of emissions reported, for any years in which the regulated entity performed the activity covered by the permit and in respect of which it did not surrender allowances.

(3) The permit shall cease to have effect from the date on which the notice for revocation of a permit becomes effective in so far as it authorises the carrying out of an activity by the regulated entity:

Provided that any conditions in the permit shall remain in effect until the Authority is satisfied that the requirements under sub-regulation (2) have been complied with or that there is no reasonable possibility of further allowances being surrendered by the regulated entity to which the notice for revocation of a permit relates.

(4) The Authority shall notify the national registry administrator of any revocation of a permit and the coming into effect of such revocation. The national registry administrator shall ensure that any changes required are made to the account relating to the regulated entity to which the revocation of a permit relates so as to reflect the revocation of the permit.

(5) When a permit is revoked without sufficient allowances having been surrendered in accordance with regulation 17 to cover all emissions reported in respect of the activity listed in Schedule 1, the regulated entity shall be liable to the imposition of an administrative penalty of one hundred euro (€100) for each tonne of carbon dioxide equivalent emitted for which the regulated entity has not surrendered allowances.

(6) From the 1st January, 2028 where, for the year in which the permit is revoked, the regulated entity 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 TRADING SYSTEM FOR BUILDINGS, ROAD TRANSPORT 643.05 AND ADDITIONAL SECTORS

published for the previous year, the administrative penalty shall be increased by the same percentage. The administrative penalty as revised in accordance with this sub-regulation shall apply to subsequent years unless further increased in accordance with the Harmonised European Index of Consumer Prices. For the purposes of this sub-regulation, each allowance not surrendered by the regulated entity for a tonne of carbon dioxide equivalent emitted shall be considered as a separate breach.

(7) For the purposes of determining the total administrative penalty under sub-regulation (5), where the emissions of the regulated entity are not known, or are not reported, or when the Authority is satisfied that there is no reasonable possibility that a verified quantity of emissions shall be reported by the regulated entity covered by the permit to be surrendered, the Authority may itself determine the emissions from the activities performed in the installation. The Authority shall use 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 amount established in sub-regulation (5) in respect of the quantity of emissions estimated in accordance with this sub-regulation.