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Template:Emissions EEA gen: Difference between revisions
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Template:Emissions EEA gen (view source)
Revision as of 08:06, 11 September 2023
, 11 September 2023no edit summary
Amwelladmin (talk | contribs) (Created page with "The {{{{{1}}}|Excess Emissions Penalty}} is made flesh in [https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0087 Article 16] of the EU ETS directive. The penalty is fixed at EUR 100, and does not release the transgressor from the obligation to surrender the {{{{{1}}}|Allowances}}s in question, though the obligation rolls over to the next {{{{1}}}|Reconciliation Deadline}} period a year hence. This folds into the way damages for failu...") |
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:1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that such rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 31 December 2003 at the latest, and shall notify it without delay of any subsequent amendment affecting them. | :1. Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that such rules are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify these provisions to the Commission by 31 December 2003 at the latest, and shall notify it without delay of any subsequent amendment affecting them. | ||
:2. Member States shall ensure publication of the names of operators who are in breach of requirements to surrender sufficient allowances under Article 12(3). | :2. Member States shall ensure publication of the names of operators who are in breach of requirements to surrender sufficient allowances under Article 12(3). | ||
:3. Member States shall ensure that ''any operator who does not surrender sufficient allowances by 30 April of each year | :3. Member States shall ensure that ''any operator who does not surrender sufficient allowances by 30 April of each year to cover its emissions during the preceding year shall be held liable for the payment of an [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]]''. The [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] shall be EUR 100 for each tonne of carbon dioxide equivalent emitted by that installation for which the operator has not surrendered allowances. Payment of the [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] shall not release the operator from the obligation to surrender an amount of allowances equal to those excess emissions when surrendering allowances in relation to the following calendar year. | ||
:4. During the three-year period beginning 1 January 2005, Member States shall apply a lower [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] of EUR 40 for each tonne of carbon dioxide equivalent emitted by that installation for which the operator has not surrendered allowances. Payment of the [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] shall not release the operator from the obligation to surrender an amount of allowances equal to those excess emissions when surrendering allowances in relation to the following calendar year.}} | :4. During the three-year period beginning 1 January 2005, Member States shall apply a lower [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] of EUR 40 for each tonne of carbon dioxide equivalent emitted by that installation for which the operator has not surrendered allowances. Payment of the [[Excess Emissions Penalty - Emissions Annex Provision|excess emissions penalty]] shall not release the operator from the obligation to surrender an amount of allowances equal to those excess emissions when surrendering allowances in relation to the following calendar year.}} | ||