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Application of civil penalties for operators

  1. Our Regulations require you to pay a civil penalty if you do not surrender sufficient allowances to cover your reportable emissions by 30 April each year.
  2. The penalty is set by the EU ETS Directive, which has been implemented across every Member State in the European Union.
  3. We do not have discretion over whether or not to impose the civil penalty. 
  4. The civil penalty is currently set at €100 for every  tonne of carbon dioxide for which you fail to surrender allowances  i.e. the amount, in tonnes of carbon dioxide equivalent, by which your annual reportable emissions exceeded the number of allowances you surrendered, multiplied by €100.
  5. We will apply a civil penalty for failure to surrender sufficient allowances by 30 April each year to cover your annual reportable emissions made in the previous year.
  6. This includes situations where you are found to have under-stated your reportable emissions for any reason whatsoever and you did not surrender sufficient allowances to cover the under-statement by the relevant 30 April deadline.
  7. We will  also apply a civil penalty for failure to surrender sufficient allowances  in accordance with the  requirement in any Surrender or Revocation Notice.

For more information, please read the following guidance note on civil penalties: