reg 87B Unreported emissions arising before 2013
(1) Where paragraph (2) applies, a person (“P”) is not liable to an excess emissions penalty for a failure to surrender allowances in respect of those reportable emissions in a relevant year (“Y”) that exceed P's verified annual reportable emissions for that year. (2) This paragraph applies where— (a) the regulator becomes aware that P's reportable emissions in Y exceed P's verified annual reportable emissions in respect of that year; and (b) P failed to surrender a number of allowances equal to the unreported emissions by 30th April in the year following Y. (3) Where paragraph (2) applies, P is liable to the civil penalty of the sterling equivalent of 20 Euros for each allowance that P failed to surrender by 30th April in the year following Y in respect of the unreported emissions. (4) Regulation 51(1) above applies to a penalty under paragraph (3) as it applies to a penalty under Part 7. (5) In this regulation— (a) “allowance” includes— (i) where the excess emission penalty would arise under the 2010 Regulations, an aviation allowance; and (ii) within the limits allowed by regulation 27A of the 2005 Regulations or regulation 26 of the 2010 Regulations, a project credit as defined by regulation 27 of the 2010 Regulations; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) “excess emissions penalty” means the penalty under regulation 39 of the 2005 Regulations or regulation 38(1)(a) of the 2010 Regulations; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) “relevant year” means a calendar year prior to 2013; (ea) “ verified annual reportable emissions ” means— (i) reportable emissions that are verified pursuant to regulation 10 of the 2005 Regulations or regulation 21 of the 2010 Regulations; (ii) reportable emissions that are determined by the regulator under regulation 30 of the 2005 Regulations or regulation 22 of the 2010 Regulations; (f) “unreported emissions” means the emissions mentioned in paragraph (1); (g) “sterling equivalent” has the meaning given in regulation 54(7) above.