EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
TRADING SYSTEM FOR STATIONARY 
INSTALLATIONS [S.L.423.50 1
SUBSIDIARY LEGISLATION 423.50
Substituted by:
L.N. 268 of 2019.EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
TRADING SYSTEM FOR STATIONARY 
INSTALLATIONS REGULATIONS
1st January, 2013*
LEGAL NOTICE 434 of 2013, as amended by Legal Notice 268 of 2019.
Citation and scope.Substituted by:
L.N. 268 of 2019.1. (1) The title of these regulations is the European Union
Greenhouse Gas Emissions Trad ing System for Stationary
Installations Regulations.
(2) These regulations provide for the implementation in Malta
of the European Union system for greenhouse gas emissions
allowance trading, established  by Directive 2003/87/EC, for
activities listed in Schedule 1 to  these regulations, for the p eriod
commencing 1st January, 2013, and any subsequent periods. 
(3) These regulations transpose:
- Directive 2003/87/EC; 
- Directive 2004/101/EC amending Directive 2003/87/
EC; 
- Directive 2008/101/EC amending Directive 2003/87/
EC; 
- Directive 2009/29/EC amending Directive 2003/87/
EC; 
- Decision (EU) 2015/1814 amending Directive 2003/
87/EC; 
- Regulation (EU) 2017/2392 amending Directive 2003/
87/EC; and 
- Directive (EU) 2018/410 amending Directive 2003/87/
EC.
Interpretation.
Amended by:
L.N. 268 of 2019.2. For the purposes of these regulations and unless the
context otherwise requires, th e following definitions shall app ly:
"account holder" means a natural or legal person that holds an
account in the Union registry;
Cap. 423. "the Act" means the Malta Resources Authority Act;
"allowance" means an allowance to emit one tonne of carbon
dioxide equivalent during a specific period, which shall be val id for
the purposes of meeting the requirements of these regulations a nd
shall be transferable in accordance with the provisions of thes e
regulations;
"auctioneer" means the Debt M anagement Office within the
Treasury Department appointed by the Government to auction
allowances on its behalf;
*see regulation 1(3) of these Re gulations, as originally promul gated.
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"authorised representatives" means the representatives,
nominated by an account holder in respect of an account in the
Union registry, to have access to that account and undertake
processes relating to that acco unt on behalf o f the account hol der;
"the Authority" means the Malta Resources Authority
established by article 3 of the Act;
"cancellation" means the definiti ve disposal of an allowance by
its holder or by the national registry administrator as may beapplicable;
"certified emissions reduction" or "CER" means a unit issued
pursuant to Article 12 of the Kyoto Protocol and the decisions
adopted pursuant to the UNF CCC or the Kyoto Protocol;
"Chapter II allowance" means an  allowance allocated and issued
in respect of aviation activitie s listed in Annex I to Directiv e 2003/
87/EC, in accordance with Chapt er II of Direct ive 2003/87/EC;
"Chapter III allowance" means an  allowance allocated and issued
in respect of activities listed in Annex I to Directive 2003/87 /EC
other than aviation activities, in accordance with Chapter III of
Directive 2003/87/EC;
"combustion" means any oxidation of fuels, regardless of the
way the heat, electrical or mech anical energy produced by this
process is used, and any other directly associated activities,including waste gas scrubbing;
"the Commission" means the European Commission;"confidential information" means any non-public information
deemed to be sensitive by the operator and, or, any privilegedinformation falling within the scope of these regulations, disc losed
only for promoting and elaborating certain purposes. It shall
include, inter alia :
(a) trade secrets;
(b) any other information having a commercial value that
would be, or could reasonably be expected to be,
destroyed or diminished if the information were
disclosed; or
(c) information other than trade secrets or information
under paragraph ( b) concerning a person, organisation
or undertaking in respect of their business,
professional, commercial or financial affairs;
"Decision (EU) 2015/1814" means Decision (EU) 2015/1814 of
the European Parliament and of the Council of 6 October 2015concerning the establishment an d operation of a market stabilit y
reserve for the Union greenhouse gas emission trading scheme an d
amending Directive 2003/87/EC;
"deviation" means, in respect of monitoring of annual emissions ,
the use of a monitoring approach that is different, in full or in part,
from the approved monitoring and reporting plan, which use is o f a
temporary nature;
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"Directive 2003/87/EC" means Directive 2003/87/EC of the
European Parliament and of the Council of 13 October 2003
establishing a system for greenho use gas emission allowance tra ding
within the Union and amending Council Directive 96/61/EC;
"Directive 2004/101/EC" means Directive 2004/101/EC of the
European Parliament and of the Council of 27 October 2004
amending Directive 2003/87/EC establishing a scheme for
greenhouse gas emission allowance trading within the Community,
in respect of the Kyoto Prot ocol’s project mechanisms;";
 "Directive 2008/101/EC" means Directive 2008/101/EC of the
European Parliament and of the Council of 19 November 2008
amending Directive 2003/87/EC so as to include aviation activit ies in
the scheme for greenhouse gas emi ssion allowance trading within  the
Community;
"Directive 2009/29/EC" means Di rective 2009/29/EC of the
European Parliament and of the Council of 23 April 2009 amendin g
Directive 2003/87/EC so as to improve and extend the greenhousegas emission allowance trading scheme of the Community;
"Directive 2009/31/EC" means Di rective 2009/31/EC of the
European Parliament and of the Council of 23 April 2009 on the
geological storage of carbon dioxide and amending Council
Directive 85/337/EEC of the European Parliament and CouncilDirectives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC,
2008/1/EC and Regulation (EC) No 1013/2006;
"Directive (EU) 2018/410" means Directive (EU) 2018/410 of the
European Parliament and of the Council of 14 March 2018 amendin g
Directive 2003/87/EC to enhance cost-effective emission reducti ons
and low-carbon investments, and  Decision (EU) 2015/1814;
"economically justifiable demand" means the demand that does
not exceed the needs for heat or cooling and whic h would otherw ise
be satisfied at market conditions by energy generation processe s
other than cogeneration;
"electricity generator" means an installation that, on or after  the
1st January, 2005, has produced electricity for sale to third p arties,
and in which no activity listed in Schedule 1 is carried out ot her
than the combustion of fuels;
"emissions" means the release into the atmosphere of greenhouse
gases specified in respect of an activity listed in Schedule 1,  from
sources in an installation performing that activity;
"emission reduction unit" or "ERU" means a unit issued pursuant
to Article 6 of the Kyoto Protocol and the decisions adoptedpursuant to the United Nations Framework Convention on Climate
Change or the Kyoto Protocol;
"EU ETS" means the European U nion Emissions Trading System
established by Directive 2003/87/EC;
"greenhouse gases" means the gases listed in Schedule 2 and oth er
gaseous constituents of the atmosphere, both natural and
anthropogenic, that absorb a nd re-emit infrared radiation;
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"greenhouse gas emissions pe rmit" means the permit issued
pursuant to regulation 6;
S.L. 545.16."high efficiency cogeneration" means cogeneration meeting the
criteria for high efficiency cog eneration set out in the Cogene ration
Regulations;
"installation" means a stationa ry technical unit where one or
more activities listed in Schedule 1 are carried out and any ot her
directly associated activities which have a technical connectio n
with the activities carried out o n that site and which could ha ve an
effect on emission s and pollution;
"Joint Implementation project activity" or "JI project activity "
means a project activ ity undertaken in accordance with Article 12
of the Kyoto Protocol and decisions adopted pursuant to the Uni ted
Nations Framework Convention on Climate Change or the Kyoto
Protocol;
"Kyoto Protocol" means the Kyoto Protocol to the United
Nations Framework Convention on Climate Change;
"least developed countries" means those countries included in
the list of Least Developed Countries as defined by the Committ ee
for Development Policy and endorsed by the Economic and Social
Council of the United Nations;
"Member State" means a state which is a member of the
European Union and which, for the purpose of these regulations,includes Iceland, Liech tenstein and Norway;
"the Minister" means the Minister responsible for climate chang e
policy;
"modification" means, in respect of monitoring of annual
emissions, a permanent change in an approved monitoring plan, i n
full or in part, and, where it is  deemed to be of a significant  nature,
shall require the approval of the Authority to become valid;
S.L. 419.07."National Accreditation Board - Malta" means the National
Accreditation Board established by the National Accreditation
Board (Malta) (Establishment) Regulations;
"national registry administrator" means the entity responsible for
the administerin g of operator holding accounts on behalf of the
Government, which operator holding accounts are under thejurisdiction of the Government in the Union registry, and
designated in accordance with relevant decisions and regulation s
adopted by the Commission pursuant to Directive 2003/87/EC;
"new entrant" means any installation carrying out one or more o f
the activities listed in Schedule 1, which has obtained a green house
gas emissions permit for the first time within the period start ing three
months before the date for submission of the list pursuant to r egulation
11, and ending three months befor e the date for submission of t he
subsequent list pursuant to regulation 11;
"operator" means any person who operates or controls an
installation;
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"person" means any natu ral or legal person;
"proposed transferee" means a pe rson who receive s from another
person the greenhouse gas emissions permit, in whole or in part ,
issued for the installation;
"proposed transferor"  means an operator of an installation who
transfers to another person the greenhouse gas emissions permit , in
whole or in part, issued for the installation;
"the public" means one or mo re persons, associations,
organisations or groups of persons;
"Regulation (EC) No 765/2008" means Regulation (EC) No 765/
2008 of the European Parliament and of the Council of 9 July 20 08
setting out the requirement s for accreditation and market
surveillance relating to the ma rketing of products and repealin g
Regulation (EEC) No 339/93;
"Regulation (EU) 2017/2392" means R egulation (EU) 2017/2392 of
the European Parliament and of the Council of 13 December 2017
amending Directive 2003/87/EC to continue current limitations o f
scope for aviation activities and to prepare to implement a glo bal
market-based measure from 2021;
"surrender" means the accounting of an allowance by an operator
of an installation against the verified emissions of the instal lation;
"tonne of carbon dioxide equivalent" means one metric tonne of
carbon dioxide (CO2) or an amount of any other greenhouse gas
listed in Schedule 2 with an equivalent global-warming potentia l;
"the Union" or the "European Union" means the European Union
as established by the Treaty on t he European Union as amended b y
the Lisbon Treaty of 2009, as may be subject to subsequentamendments;
"Union registry" means the registry established and maintained
in accordance with Article 19 of  Directive 2003/87/EC as amende d
by Directive 2009/29/EC for the execution of processes pertaini ng
to the maintenance of holding accounts and the allocation,surrender and cancella tion of allowances;
"Union registry" means the registry established and maintained in
accordance with Article 19 of Directive 2003/87/EC for the exec ution
of processes pertaining to the m aintenance of holding accounts and the
allocation, surrender and ca ncellation of allowances;
"UNFCCC" means the United Nations Framework Convention
on Climate Change which entered into force on the 21st March,1994;
"verifier" means a legal person or another legal entity carryin g
out verification activities pursuant to these regulations and
accredited by a national accreditation body pursuant to Regulat ion
(EC) No 765/2008 and relevant decisions and regulations adoptedby the Commission pursuant to Directive 2003/87/EC, or a natura l
person otherwise authorised, wi thout prejudice to Article 5(2) of
Regulation (EC) 765/2008, at the time a verification report isissued.
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Applicability.
Substituted by:L.N. 268 of 2019.3. These regulations shall apply to operators of stationary
installations situated in the territory of Malta and carrying o ut one or
more activities listed in Schedule 1 resulting in emissions of the
greenhouse gases specified in re spect of those activities in Sc hedule 1,
and to any other relevant legal bodies on which these regulatio ns put
any obligations.
Greenhouse gas 
emissions permits.4.(1) No operator of an installation shall carry out any
activity listed in Schedule 1 resulting in emissions specified in
relation to that activity unless such operator holds a permit i ssued
by the Authority i n accordance with  regulation 6.
(2) Where an operator of an insta llation carries out any activit y
listed in Schedule 1 without holding a permit in accordance wit h
sub-regulation (1), the operator of that installation shall be liable to
the imposition of an administrative fine:
(a) where emissions of an installation during that year are
equal to or less than fifty thousand (50,000) tonnes
carbon dioxide equivalents, of ten thousand euro
(€10,000), and one  hundred euro (€100) for each day
of non-compliance from the date of a notice given by
the Authority to the operator;
(b) where emissions of an installation during that year are
more than fifty thousand (50,000) tonnes of carbondioxide equivalents and equal to or less than five
hundred thousand (500,000) tonnes of carbon dioxide
equivalent, of fifty thousand euro (€50,000), and threehundred euro (€300) for each day of non-compliance
from the date of a notice given by the Authority to the
operator;
(c) where emissions of an installation during that year are
more than five hundred thousand (500,000) tonnes of
carbon dioxide equivalents, of one hundred thousand
euro (€100,000), and six hun dred euro (€600) for each
day of non-compliance from the date of a notice given
by the Authority to the operator.
(3) For the purposes of determining the administrative fine
under sub-regulation (2), where the emissions of the installati on are
not known or are not reported or where the Authority is satisfi ed
that there is no reasonable possibility that the quantity of em issions
will be reported by the operator of the installation, the Autho rity
may itself determine the emissions from the activities performe d in
that installation. The Authority shall use best available data and
ensure that a conservative estimate is made that does not
underestimate emissions. The operator of the installation shall  be
liable to the imposition of an administrative fine equal to the
amounts established in sub-regula tion (2) in respect of the qua ntity
of emissions estimated in ter ms of this sub-regulation.
(4) A permit issued by the Au thority in accordance with sub-
regulation (1) shall be valid for the duration of the performan ce of
the activity or activities listed in Schedule 1 in respect of w hich the
permit is issued, unless the pe rmit is surrendered in accordanc e
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with regulation 9 or revoked in accordan ce with regulation 10.
(5) The Authority shall ensure that permits issued by it in
accordance with sub-regulation  (1) shall be made publicly
available.
Applications for 
greenhouse gas 
emissions permits.Amended by:
L.N. 268 of 2019.5. (1) An operator of an installation carrying out an activity
listed in Schedule 1 shall apply to the Authority for a greenho use
gas emissions permit.
(2) An operator of an installation shall submit an application
for a greenhouse gas emissions permit. The application shall besubmitted at least one hundred and twenty days before the
commencement of activities listed in Schedule 1 in respect of
which the application for a permit is to be submitted, unlessotherwise agreed in writing between the applicant and the
Authority.
(3) An application made to the Authority for a greenhouse gas
emissions permit shall include, inter alia , the following:
(a) information as may be requested by the Authority
about the operator of the installation;
(b) information as may be requested by the Authority
about the applicant, if different from the operator ofthe installation;
(c) a description of the installation and activities listed in
S c h e d u l e  1  t o  b e  c a r r i e d  o u t  i n  t h e  i n s t a l l a t i o n ,
including the technology used;
(d) the raw and auxiliary materials, the use of which, in
activities listed in Schedule 1 to be carried out in the
installation, is likely to lead to emissions of the
greenhouse gases specified in  respect of those activities
in Schedule 1;
(e) the sources of emissions of gases listed in Schedule 1
from the installation;
(f) a description of the measures planned to monitor and
report emissions in accordan ce with regulations 15 and
16;
(g) any other appropriate information requested by the
Authority;
(h) any other information that the applicant wishes the
Authority to take into account when considering the
application;
(i) a non-technical summary of the details referred to in
paragraphs ( c) to ( f).
L.N. 140 of 2005.(4) Any operator who prior to the entry into force of these
regulations is in possession of a valid greenhouse gas emission s
permit issued under the European Community Greenhouse Gas
Emissions Trading Scheme Regulations, 2005, shall continue tohold such permit under existing conditions until such condition s are
revised by the Authority:
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Provided that any such operator shall comply with such
revised conditions which may be issued by the Authority and wit h
effect from such date as the  Authority shall establish.
Conditions for the 
issuance of a 
greenhouse gas 
emissions permit. Amended by:
L.N. 268 of 2019.6. (1) The Authority shall issue a greenhouse gas emissions
permit granting authorization to emit greenhouse gases from all  or part
of an installation for which the application for a permit is ma de, if it is
satisfied that the operator of the installation is capable of c omplying
with the requirements of these regulations and the conditions o f the
permit. A permit shall be issued within a period of ninety days  from
the date on which the Authority received the application contai ning a
complete set of information in accordance with sub -regulation ( 3) of
regulation 5, unless otherwise agreed in writing between the op erator
and the Authority.
(2) A greenhouse gas emissions permit issued by the Authority
may cover one or more installations on the same site operated b y
the same operator. A greenhous e gas emissions permit may not
cover two or more installations situated on different sites. Agreenhouse gas emissions permit may not cover two or more
installations on the same site operated by different operators.
(3) The Authority shall, when issuing a greenhouse gas
emissions permit, ensure that the permit includes, inter alia , the
following:
(a) the name and addre ss of the operator;
(b) the name and addre ss of the installation;
(c) a description of the activities and emissions covered
by the permit;
(d) a reference to monitoring, reporting and verification
requirements including the requirement to have a
monitoring plan approv ed by the Authority;
(e) an obligation to report verified emissions of
greenhouse gases specified fo r the activity or activities
listed in Schedule 1 for each calendar year, within
three months following  the end of that year;
(f) an obligation to surrender allowances equal to the total
emissions of the installa tion in each calendar year
within four months followi ng the end of that year;
(g) requirements for any notifications to be made to the
Authority;
(h) a requirement to pay penalties for non-compliance
with paragraph ( f);
(i) any other conditions that the Authority considers
appropriate to ensur e compliance with the
requirements of these regulations.
(4) The Authority may, at any time, review a greenhouse gas
emissions permit issued to an operator of an installation and m ake
amendments to the permit as appropriate and issue an updatedpermit:
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Provided that it shall inform the operator covered by the
permit of such amendments as early as possible prior to the iss uance of
an updated permit.
(5) The Authority may, at any time, vary the conditions of a
permit in such a manner as it may deem fit, and issue an update d
permit:
Provided that it shall inform the operator covered by the
permit of such variations by not later than thirty days prior t o the
issuance of an updated permit.
Changes relating to 
installations.
Amended by:L.N. 268 of 2019.7. (1)  The operator of an installation for which a greenhouse
gas emissions permit has been i ssued shall notify the Authority  of:
(a) any changes planned in the nature or functioning of the
installation; or
(b) any extension or reduction of the capacity of the
installation; or
(c) in the case of a permit covering more than one
installation on the same site operated by the same
operator, any instance where one or more installations
cease carrying out all of the activities listed inSchedule 1 covered by the permit but the operator
continues to carry out at least one activity in one
installation under that permit:
Provided that any such notification must be made in writing at
least one hundred and twenty days prior to such change in the n ature or
functioning of the installation, o r extension or reduction of c apacity of
the installation, or the one or  more installations ceasing carr ying out of
activities listed in Schedule 1,  effectively taking place.
(2) The Authority shall, where appropriate, update the
greenhouse gas emissions permit accordingly, within a period ofninety days from the date on which the Authority receives a
notification pursuant to sub-regulation (1), unless otherwise a greed
in writing between the ope rator and the Authority.
(3) Where there is a change in the name of the operator of an
installation, the Authority shall update the permit to include the
name and address of the new operator:
Provided that the Authority shall be notified by the
operator, in writing, of the change in the name of the operator  of
the installation at least sixty days before such a change iseffectively to take place.
(4) An operator that allows the  coming into effect of changes
listed under sub-regulation (1) without notifying the Authority  of
such changes in accordance with this regulation shall be liable  to
the imposition of an administrative fine of five thousand euro(€5,000).
(5) Where a change in the name of the operator of an
installation comes into effect without such a change having bee n
notified to the Authority in acco rdance with sub-r egulation (3) , the
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operator of the installation sha ll be liable to the imposition of an
administrative fine of one thousand euro (€1,000).
(6) The Authority shall notify the national registry
administrator of any changes made to a permit pursuant to this
regulation. The national registry  administrator shall ensure th at any
changes required are made to the  account or accounts relating t o the
installation or installations for which the changes to the perm it
relate, so as to reflect such changes.
Transfer of 
greenhouse gas 
emissions permits.8. (1) An operator of an installation ("proposed transferor")
may transfer to another person ( "proposed transferee"), in whol e or
in part, the greenhouse gas emissions permit issued to the
installation.
(2) An application for the tr ansfer of a permit shall be
submitted to the Authority, in writing, jointly by the proposed
transferor and the proposed transferee.
(3) An application under sub-regulation (2) shall include the
following information:
(a) the name and addr ess of the proposed transferor;
(b) the name and ad dress of the pr oposed transferee;
(c) the name and address of the installation to which the
greenhouse gas emissi ons permit relates;
(d) in the case of a request to transfer a permit in part,
information identifying the activity or activities or partof an activity or activities to which the transfer of
permit applies.
The Authority may request any additional information it
deems necessary to process an application for the transfer of a
permit.
(4) The Authority shall carry out  a transfer of a greenhouse gas
emissions permit, if it satisfied that the proposed transferee is
capable of complying with the requirements of these regulations
and the conditions of the permit . The transfer shall be carried  out:
(a) in the case of a transfer of a permit in whole, by
transferring the permit for the installation to the
proposed transferee, updated to include the name andaddress of the proposed transferee as the operator of
the installation;
(b) in the case of a transfer of a permit in part, by:
(i) issuing a new greenhouse gas emissions permit
to the proposed transferee, recording thetransfer, identifying the activity or activities or
part of an activity or act ivities to be transferred
and identifying the proposed transferee as theoperator in respect of th e activity or activities
covered by the new permit;
(ii) revising and reissuing the greenhouse gas
emission permit to the proposed transferor,
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recording the transfer, and the permit shall be
updated so as to identify t he activity or activities
to be carried out in the installation operated bythe proposed transferor.
(5) The transfer of a permit sh all come into effect at a time
agreed between the proposed transferor, proposed transferee and
the Authority, as shall be  recorded in the permit.
(6) The Authority shall notify the national registry
administrator of any application for the transfer of a permit m ade to
it and the coming into effect of such a transfer. The national
registry administrator shall ensure that any changes required a re
made to the account or accounts relating to the installation orinstallations to which the transf er of a permit relates so as t o reflect
the transfer of the permit.
Surrender of 
greenhouse gas 
emissions permits.9. (1) An operator who ceases to car ry 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 su rrender of a permit shall be
submitted to the Authority, in writing, by not later than thirt y days
from the date on which the ope rator has ceased to carry out the
activity or activities in the installation to which the greenho use gas
emissions permit relates.
(3) An application for the surrender of a permit shall include
the following:
(a) the name and addre ss of the applicant;
(b) the name and address of the installation to which the
greenhouse gas emissions permit relates;
(c) the date on which the activ ity or activities have ceased
being carried out.
(4) The Authority shall process an application for the surrender
of a permit submitted in accordan ce 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 th e
following conditions:
(a) a requirement to monitor, and report by the date that
may be specified in the noti ce of surrender of a permit,
and in accordance with these regulations, verified
emissions for the year during which the noticebecomes 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 sur render of a permit, and in
accordance with these regulations, a quantity of
allowances equal to the ve rified emissions reported
under paragraph ( a);
(c) a requirement to surrender, by the date that may be
specified in the notice of sur render of a permit, and in
accordance with these regulations, a quantity of
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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 hav e effect from the date on
which the notice for surrender of a permit becomes effective in  so
far as it authorises the carry ing out of an activity or activit ies 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 u nder
sub-regulation (4) have been complied with or that there is noreasonable possibility of furthe r 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 nationa l
registry administrator shall ensure that any changes required a re
made to the account or accounts r elating 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 wit h
regulation 19 to cover all emissions reported in respect of tha t
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 surre ndered 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 show s 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 subseque nt
years unless further increased i n accordance with  the Harmonize d
European Index of Consumer Prices. For the purposes of this sub -
regulation, each allowance not su rrendered 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 reporte d, or
where the Authority is satisfi ed that there is no reasonable
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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possibility that a verified quantity of emissions will be repor ted by
the operator of the installation or installations covered by th e
permit to be surrendered, the Authority may itself determine th e
emissions from the activities pe rformed in the installation or
installations. The Authority sha ll use best available data and ensure
that a conservative estimate is made that does not underestimat e
emissions. The operator shall be  liable to the imposition of an
administrative fine equal to th e amount established in sub-
regulation (7) in respect of th e quantity of emissions estimate d in
terms of this sub-regulation.
Revocation of 
greenhouse gas 
emissions permits.10. (1) The Authority may, at any time, revoke a greenhouse
gas emissions permit issued to an operator of an installation.
(2) The Authority may revoke a permit in accordance with sub-
regulation (1) by issuing a notice of revocation of a permit to  the
operator, which shall include the following:
(a) information clearly identifying the operator and the
installation or installation s 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 d ays from the date of the
notice;
(d) the requirement for the operator to monitor and report,
by the date that may be specified in the notice ofrevocation of a permit, and in accordance with these
regulations, verified emissions for any years in which
the operator performed the activity or activitiescovered by the permit and for which he did not submit
a verified emi ssions report;
(e) the requirement for the operator to surrender, by the
date that may be specified in the notice of revocationof 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 operatorperformed the activity or activities covered by the
permit and in respect of which he did not surrender
allowances.
(3) The permit shall cease to have effect from the date on
which the notice for revocation o f a permit becomes effective i n so
far as it authorises the carrying out of an activity or activit ies in the
installations or installati ons covered by the permit:
Provided that any conditions in the permit shall remain in
effect until the Authority is satisfied that the requirements u nder
sub-regulation (2) have been complied with or that there is no
reasonable possibility of furthe r allowances being surrendered by
the operator of the installation to which the notice for revoca tion of
a permit relates.
(4) The Authority shall notify the national registry
administrator of any revocation of a permit and the coming into
14 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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effect of such revocation. The national registry administrator shall
ensure that any changes require d are made to the account or
accounts relating to the installation or installations to which  the
revocation of a permit relates so as to reflect the revocation of the
permit.
(5) When a permit for an installation is revoked without
sufficient allowances having been surrendered to cover all
emissions reported in respect o f that installation in accordanc e with
regulation 19, the operator of that installation shall be liabl e 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 sur rendered allowances.
(6) From the 1st January, 2013, where, for the year in which an
operator surrendering a permit does not surrender sufficientallowances, the annual average Harmonised European Index of
Consumer Prices published show s a percentage increase as
compared to the latest Harmonised European Index of ConsumerPrices 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 subseque nt
years unless further increased i n accordance with  the Harmonize d
European Index of Consumer Prices. For the purposes of this sub -
regulation, each allowance not su rrendered by the operator for a
tonne of carbon dioxide equivalent emitted shall be considered as a
separate contravention.
(7) For the purposes of determining the total administrative
fine under sub-regulation (5), where the emissions of the
installation or installations are not known, or are not reporte d, or
where the Authority is satisfi ed that there is no reasonable
possibility that a verified quantity of emissions will be repor ted by
the operator of the installation or installations covered by th e
permit to be surrendered, the Authority may itself determine th e
emissions from the activities performed in the installation orinstallations. The Authority shall use best available data and ensure
that a conservative estimate is m ade that does not underestimat e
emissions. The operator shall be liable to the imposition of anadministrative fine equal to the amount established in sub-
regulation (5) in respect of the quantity of emissions estimate d in
terms of this sub-regulation.
Free allocation of 
allowances.
Amended by:L.N. 268 of 2019.11. (1) The Authority shall determine the quantity of free
Chapter III allowances to be allocated to an installation eligi ble to a
free allocation of Chapter III a llowances pursuant to Directive  2003/
87/EC. Such an allocation shall be determined in accordance wit h
Directive 2003/87/EC and relevant  decisions and regulations ado pted
by the Commission pursuant to Directive 2003/87/EC.
(2) No free allocation shall be made in respect of any
electricity production, except for electricity produced from wa ste
gases.
(3) No free allocation shall be given to:
(a) electricity generators;
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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(b) installations for the capture of carbon dioxide;
(c) pipelines for transport of carbon dioxide; or
(d) carbon dioxide storage sites.
(4) No free allocation shall be made in respect of any
electricity producti on by new entrants.
(5) District heating and high efficiency cogeneration for
economically justifiable deman d shall be eligible for free
allocation, in respect of the production of heating or cooling,  in
accordance with Directiv e 2003/87/EC and relevant decisions and
regulations adopted by the Commission pursuant to Directive 200 3/
87/EC.
(6) No free allocation shall be given to an installation that ha s
ceased its operations, unless th e operator demonstrates to the
Authority that this installation will resume production within a
specified and reasonable time. An installation for which the
greenhouse gas emissions permit h as been surrendered or has bee n
revoked shall be considered to  have ceased its operations. An
installation for which the operation or resumption of operation  is
technically impossible shall be considered to have ceased
operations.
(7) The Authority shall, by 30th September, 2019, submit to the
Commission a list of installati ons covered by these regulations  for the
period of five years beginning on 1st January, 2021, including free
allocations as determined in accordance with this regulation. T he
Authority shall submit to the Commission lists of installations  for each
subsequent period of five year s every five years thereafter.
(8) The Authority may, where applicable, request from an
operator of an installation information it deems appropriate in
accordance with relevant decisions and regulations adopted by t he
Commission pursuant to Directive 2003/87/EC.
 (9) Upon approval by the Commission of the lists submitted to t he
Commission pursuant to sub-regulation (7), the Authority shall ensure
that the lists of installations, including any free allocation for each
installation, are published.
Auctioning of 
allowances.12. (1) The quantity of Chapter III allowances that will not be
allocated free of charge, as dete rmined for Malta in accordance
with Directive 2003/87/EC, shall be auctioned by the auctioneer  in
accordance with the relevant decisions and regulations adopted by
the Commission pursuant to Directive 2003/87/EC.
(2) The auctioneer shall act in accordance with the relevant
decisions and regulations adopted by the Commission pursuant toDirective 2003/87/EC.
Union registry. 13. (1) Allowances issued to operators of installations in
terms of these regulations shall be held in the Union registry.  An
operator of an installation shall have an operator holding acco unt in
respect of that installation in the Union registry.
16 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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(2) The national registry administrator shall perform its
functions in accordance with the  relevant decisions and regulat ions
adopted by the Commission pursuant to Directive 2003/87/EC:
Provided that, in respect of operator holding accounts of
operators of installations to wh ich these regulations apply, th e
Authority shall act as the national registry administrator:
Provided also that, where the Authority acts as the national
registry administrator there shall be no conflict of interest b etween
the Authority and holders of operato r holding accounts.
(3) A request to open an oper ator holding account shall be
made by the Authority or the operator of the installation to th e
national registry administrator.
(4) A request for the opening of an operator holding account
shall include all information re quired by the national registry
administrator in accordance wi th the relevant decisions and
regulations adopted by the Commission pursuant to Directive 200 3/
87/EC and any requirements and terms and conditions made by the
national registry administrator.
(5) The national registry administrator shall open and
administer an operator holding account for an operator of aninstallation in accordance with  the relevant decisions and
regulations adopted by the Commission pursuant to Directive 200 3/
87/EC and any terms and conditions it may make. The nationalregistry administrator shall not open an account unless it is
satisfied that the request is in  accordance with the requiremen ts of
this regulation.
(6) An operator holding accoun t holder and its nominated
authorised representatives sha ll act in accordance with the rel evant
decisions and regulations adopted by the Commission pursuant to
Directive 2003/87/EC and any term s and conditions made by the
national registry administrator.
(7) Where an operator of an installation fails to comply with
any requirements of decisions and regulations adopted by the
Commission in respect of registries or terms and conditions mad e
by the national registry administrator in respect of registries , the
national registry administrator may prevent the transfer of
allowances or other accounting units into or out of any operato r
holding account held by that operator until any non-compliance is
rectified:
Provided that the national registry administrator shall not
prevent the surrender or cancellat ion of allowances in accordan ce
with regulation 22.
Issuance of 
allowances allocated to 
operators of 
installations and validity of 
allowances.
Amended by:L.N. 268 of 2019.14. (1) The Authority shall, by 28th February of each year,
issue the quantity of free Chap ter III allowances that are to b e
allocated for that year to each installation included in the li st
referred to in sub-regulation (8) of regulation 11, as determin ed in
accordance with regulation 11:
Provided that the allowances  allocated to each installation
are issued to the operator hol ding account opened in respect of  that
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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installation in accordan ce with regulation 13:
Provided further that no allowances may be issued to an
installation whose inscription in  the list referred to in sub-r egulation
(8) of regulation 11 has not b een approved by the Commission.
(2) Issuance of allowances shall be carried out in accordance
with the relevant decisions and regulations adopted by the
European Commission pursuant to Directive 2003/87/EC.
(3) Where –
 (a) an installation has ceased i ts operations, unless the
operator demonstrates to the Authority that thisinstallation will resume production within a specified
and reasonable time; or
 (b) a permit has been changed, in accordance with
regulation 7, in such a way that it no longer applies toan installation; or
 (c) a permit has been surrendered in accordance with
regulation 9; or
(d) a permit has been revoked in accordance with regulation
10, the Authority shall inform the national registryadministrator. The national registry administrator shall
ensure that no further allo wances are issued to the
operator in respect of an installation subject to any of theconditions under this sub-regulation, for the first year
after the year when the insta llation ceases its operations,
or the change in the permit, the surrender of the permit orthe revocation of the permit has come into effect, and for
subsequent years.
(4) Chapter III allowances issued in accordance with sub-
regulation (1) in respect of the period beginning 1st January, 2013 and
subsequent periods shall be valid indefinitely. Allowances issu ed as
from 1st January, 2021 in a ten-year period shall be valid for emissions
from the first year of that period onwards.
Monitoring of 
annual emissions.15. (1) The operator of an installation shall submit to the
Authority a monitoring plan setting out measures to monitor and
report emissions of greenhouse ga ses specified in respect of th e
activities carried out in that installation as listed in Schedu le 1.
These measures shall be in accordance with:
(a) the principles set out in Schedule 3;
(b) relevant decisions and re gulations adopted by the
Commission pursuant to Directive 2003/87/EC; and
(c) any other requirements made by the Authority in
respect of monitoring and reporting of emissions of
greenhouse gases from activities listed in Schedule 1.
(2) The operator of an installation shall submit a monitoring
and reporting plan for the first time to the Authority at the s ame
time as an application is made for a greenhouse gas emissions
permit in acco rdance with regulation 4.
18 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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(3) The monitoring plan submitted by an operator of an
installation pursuant to sub-regulation (1) shall be approved b y the
Authority if it is satisfied that the plan is in accordance wit h the
requirements set out under this r egulation. The Authority may
request from the operator of the installation any additional
information it deems ap propriate for the approval o f the plan.
(4) An operator of an installation shall notify the Authority of
any deviations from the monitoring plan that may occur at any t ime
after the approval of th e plan by th e Authority:
Provided that the Authority shall be notified of any
deviation from the plan:
(a) as early as possible before the deviation occurs, if the
deviation is known to the operator or is made known tothe operator prior to  its occurrence; or
(b) immediately after the deviation occurs if the
occurrence of the deviation is not known to the
operator or is not made known to the operator beforeor at the time of its occurrence.
(5) An operator of an installati on shall maintain a documented
record, which shall include information in accordance with
requirements that may be establi shed by the Authority, of any
deviations that occur during a monitoring year and shall submitsuch record to the Authority together with the annual emissions
report submitted pursuan t to regulation 16.
(6) The operator of an installation shall regularly check if the
approved monitoring plan reflects the nature and function of th e
installation. An operator may at any time after the approval of  the
monitoring plan of an installation, submit to the Authority
proposed modifications that have to be made to the plan, in
accordance with the relevant decisions and regulations adopted by
the Commission pursuant to Directive 2003/87/EC. The operator
shall maintain a documented record of all modifications to themonitoring plan. No proposed significant modifications to an
approved plan shall be valid without the approval of the Author ity.
(7) Where it deems appropriate, the Authority may request the
submission of a revised plan.
(8) An operator of an installation shall monitor emissions from
that installation durin g each monito ring year.
(9) Without prejudice to sub-regulation (4), an operator of an
installation shall monitor annu al emissions in accordance with the
monitoring plan approved by the Authority in accordance with th is
regulation. The Authority may take any action it deems necessar y
under these regulations to ensure that an operator is monitorin g and
reporting annual emissions in accordance with the approved
monitoring plan.
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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Reporting of 
verified annual 
emissions.Amended by:
L.N. 268 of 2019.16. (1) An operator of an installation shall report annual
emissions, monitored in accordan ce with regulation 15, for each
monitoring year i n accordance with:
(a) the principles set out in Schedule 3; and
(b) relevant decisions and re gulations adopted by the
Commission pursuant to Directive 2003/87/EC; and
(c) any other requirements made by the Authority in
respect of reporting of emissions of greenhouse gases
from activities listed in Schedule 1.
(2) An operator of an installation shall submit to the Authority  an
annual report on the emissions from that installation for a mon itoring
year by not later than 31st Ma rch of the subsequent year.
(3) The report submitted by an operator of an installation
pursuant to sub-regulation (2) shall be verified by a verifier in
accordance with:
(a) the principles set out in Schedule 4; and,
(b) relevant decisions and regulations adopted by the
Commission pursuant to Directive 2003/87/EC; and
(c) any other requirements made by the Authority in
respect of verification of annual emission reports for
emissions from installations.
The verifier shall issue a verification report.
(4) A verification report shall be submitted by the operator of an
installation to the Authority with an annual emissions report
submitted. The operator shall al so enter the amount of emission s
reported in the verified annual emissions report for a monitori ng year
into the Union Registry, by 31st March of the subsequent year.
(5) Where an operator of an installation fails to submit an
annual emissions report for a monitoring year that has been ver ified
as satisfactory by the 31st Mar ch of the subsequent year, the
national registry administrator shall not allow the transfer of
allowances or any other accoun ting units out of the operator
holding account until a report from the operator in respect of that
installation has been ver ified as satisfactory:
Provided that the national registry administrator shall not
prevent the surrender or cancellation of allowances in accordan ce
with regulation 19, or the issuance of allowances in exchange f or
CERs or ERUs in accordance with regulation 20.
(6) The operator of an installation for which an annual emission s
report is to be verified shall notify the Authority and the Nat ional
Accreditation Board – Malta of t he planned date and place of th e
verification and the identity of the verifier who will perform the
verification, by not later than thirty days prior to the date w hen the
verification is to be performed.
20 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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Competent 
authority acceptance of 
verified annual 
emissions reports and determination 
of emissions in 
case of non-reporting or non-
verification.
Amended by:L.N. 268 of 2019.17. (1) The Authority may perform any checks it deems
necessary to ensure that a report submitted by an operator is i n
accordance with regulation 16.
(2) The Authority shall, on the basis of the information include d
in the annual emissions report and the verification report subm itted in
accordance with regulation 16 and its own checks, without undue
delay, determine whether it can accept the submitted annual emi ssions
report. The Authority shall not accept a report of annual emiss ions
which has not been verified as satisfactory or for which a veri fication
report has not been submitted. The Authority shall inform the o perator,
in writing or through other documented means, of its decision. Where
it deems necessary, the Authority  may require the submission of  a
revised annual emissions report.  The revised annual emissions r eport
shall be verified in accordance with regulation 16. Where neces sary
the operator shall also update th e amount of emissions entered into the
Union Registry.
(3) Where, in respect of any monitoring year, an operator of an
installation does not submit a verified annual emissions report  in
accordance with regulation 16, o r where it is deemed that the
operator has not submitted an annual emissions report which is in
accordance with the requirements set out in regulation 16, the
Authority may, unless there is written agreement between the
Authority and the operator providing otherwise, itself determin e
the emissions for activities performed in that installation for  that
monitoring year. The Authority sha ll use best available data an d
ensure that a conservative estimate is made that does notunderestimate emissions. When annual emissions are determined
under this sub-regulation, the Authority shall consider the
requirements set out in Schedules 3 and 4:
Provided that the Authority shall notify the operator of the
installation of the emissions as determined and the methodologyused to determin e such emissions:
 Provided further that the Authority shall enter the amount of
emissions as determined in acco rdance with this sub-regulation into
the Union Registry.
(4) Where the verification report submitted with an annual
emissions report states outst anding non-conformities or
recommendations for improvements, the operator of the installat ion
shall submit to the Authority, by not later than 30th June of t he year
when the verification report is issued by the verifier, an
improvement report describing how and when the operator hasrectified or plans to rectify the non-conformities identified b y the
verifier and to implement recommended improvements.
 (5) The Authority shall, within a reasonable time, approve the
improvement report and inform t he operator of the installation of its
approval. Where it deems necessary, the Authority may require t he
submission of a revised  improvement report.
Fines relating to 
monitoring and reporting of annual 
emissions.18. (1) An operator of an installation who fails to submit a
monitoring plan in accordance with regulation 15 in respect of the
period beginning the 1st January, 2013 or a subsequent period, shall
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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be liable to the imposition:
(a) for an operator of an installation for which emissions
for the first calendar year o f the period for which the
plan relates or for the fi rst year of performing an
activity covered by these regulations during the periodfor which the plan relates are  equal to or less than fifty
thousand (50,000) tonnes carbon dioxide equivalents,
of an administrative fine of five thousand euro
(€5,000) and, or, one hundr ed euro (€100) for each day
of non-compliance, from the date of a notice given bythe Authority to the operator;
(b) for an operator of an installation for which emissions
for the first calendar year o f the period for which the
plan relates or for the fi rst year of performing an
activity covered by these regulations during the period
for which the plan relates a re more than fifty thousand
(50,000) tonnes of carbon dioxide equivalents andequal to or less than five hundred thousand (500,000)
tonnes of carbon dioxide equivalent, of an
administrative fine of ten thousand euro (€10,000)and, or, three hundred euro (€300) for each day of non-
compliance, from the date of a notice given by the
Authority to the operator;
(c) for an operator of an installation for which emissions
for the first calendar year o f the period for which the
plan relates or for the fi rst year of performing an
activity covered by these regulations during the periodfor which the plan relates are more than five hundred
thousand (500,000) tonnes of carbon dioxide
equivalents, of an administrative fine of fifty thousandeuro (€50,000) and, or, six hundred euro (€600) for
each day of non-compliance, from the date of a notice
given by the Authority to the operator.
(2) An operator of an installation who fails to monitor annual
emissions during a y ear in accordance with r egulation 15 or fai ls to
submit a verified annual emission s report in respect of a year in
accordance with regulation 16, shall be liable to the impositio n:
(a) for an operator of an installation for which emissions
f o r  t h a t  y e a r  a r e  e q u a l  t o  o r  l e s s  t h a n  f i f t y  t h o u s a n d
(50,000) tonnes carbon dioxide equivalents, of anadministrative fine of five thousand euro (€5,000) and,
or, one hundred euro (€ 100) for each day of non-
compliance, from the date of a notice given by theAuthority to the operator;
(b) for an operator of an installation for which emissions
for that year are more than fifty thousand (50,000)
t o nn e s  o f  c a r b o n d i o xi d e  e qu i v a le n t s  a n d e q u a l  to  o rless than five hundred thousand (500,000) tonnes
carbon dioxide equivalents, of an administrative fine
of ten thousand euro (€10,000) and, or, three hundredeuro (€300) for each day of non-complian ce, from the
22 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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date of a notice given by the Authority to the operator;
(c) for an operator of an installation for which emissions
for that year are more th an five hundred thousand
(500,000) tonnes carbon dioxide equivalents, of an
administrative fine of fifty thousand euro (€50,000)and, or, six hundred euro (€600) for each day of non-
compliance, from the date of a notice given by the
Authority to the operator.
(3) For the purposes of determining the administrative fine
under this regulation, where the  emissions of the installation are
not known or where the Authority is satisfied that there is no
reasonable possibility that a verified quantity of emissions wi ll be
reported by the operator of the installation, the Authority may  itself
determine the emissions from the activities performed in that
installation. The Authority shal l use best available data and e nsure
that a conservative estimate is m ade that does not underestimat e
emissions. The operator of the installation shall be liable to the
imposition of an administrative fine equal to the amounts
established in sub-regulations (1) and (2) in respect of the qu antity
of emissions estimated by the Authority in terms of this sub-
regulation.
Surrender and 
cancellation of 
allowances.Amended by:
L.N. 268 of 2019.19. (1) For the period ending 31st December, 2020, an operator
of an installation shall, by 30th April each year, surrender a number of
allowances, other than Chapter II allowances, that is equal to the total
emissions from that installati on during the preceding calendar year as
verified in accordance with regulation 16, or as determined by the
Authority in accordance with regulation 17. An operator of aninstallation shall not surrender Chapter II allowances for the period
ending 31st December, 2020.
(1a)  For the period starting 1st January, 2021, and subsequent
periods, an operator of an installation shall, by 30th April ea ch
year, surrender a number of allowances that is equal to the tot al
emissions from that installatio n during the preceding calendar year
as verified in accordance with re gulation 16, or as determined by
the Authority in accordance with regulation 17. For the periodstarting 1st January, 2021, and subsequent periods, an operator  of
an installation shall not be prohibited from surrendering Chapt er II
allowances.
(1b) Allowances issued by a co mpetent authority of another
Member State shall be recognized by the Authority for the purpo se
of meeting the obligations of an operator of an installation un der
sub-regulations (1) and (1a).
(1c) Where necessary, and for as long as is necessary, in accord ance
with relevant decisions and re gulations adopted by the Commissi on
pursuant to Directive 2003/87/EC, an operator of an installatio n shall
not surrender allowances that are issued by a Member State in r espect
of which there are obligations arising from Directive 2003/87/E C
which are lapsing.
EUROPEAN UNION GREEN HOUSE GAS EMISSIONS 
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(2) The national registry administrator shall cancel allowances
surrendered in accordance with sub-regulation (1).
(3) The national registry administrator shall cancel allowances
at any time at the request of an operator of an installation ho lding
those allowances.
(4) An obligation to surrender allowances shall not arise in
respect of emissions verified as  captured and transported for
permanent storage to a facility f or which a permit is in force in
accordance with Dir ective 2009/31/EC.
(5) Surrender and cancellation o f allowances shall be carried
out in accordance with the relevant decisions and regulationsadopted by the Commission pursua nt to Directive 2003/87/EC.
(6) The Authority shall publish the name of any operator who is in
breach of the requirement to surre nder sufficient allowances un der
sub-regulations (1) or (1a).
(7) An operator who does not surrender sufficient allowances as
required under sub-regulations (1)  or (1a) to cover its emissio ns during
the preceding year, or who has not yet surrendered allowances t o cover
its emissions during any previous  year, shall be liable to the imposition
of an administrative fine of one hundred euro (€100) for each t onne of
carbon dioxide equivalent emitted for which the operator has no t
surrendered allowances.
(8) From the 1st January, 2013, w here, for the year in which an
operator of an installation does not surrender sufficient allow ances
to cover emissions during th at year in accordance with sub-
regulation (1), the annual average Harmonized European Index ofConsumer Prices published s hows a percentage increase as
compared to the latest Harmoni zed European Index of Consumer
Prices published for the previous  year, the administrative fine  shall
be increased by the same percent age. The administrative fine as
revised pursuant to this sub-regulation shall apply to subseque nt
years unless further increased i n accordance with the Harmonize d
European Index of Consumer Prices . For the purposes of this sub -
regulation, each allowance not su rrendered by the operator for a
tonne of carbon dioxide equivale nt emitted shall be considered as a
separate contravention.
(9) The imposition of an administrative fine as prescribed in
sub-regulation (7) shall not release the operator from the obli gation
to surrender an amount of allowances equal to those excess
emissions in respect of which the administrative fine is paid w hen
surrendering allowance s in relation to the following calendar y ear.
(10) Where an operator of an installation fails to surrender
allowances in accordance with s ub-regulations (1) or (1a), the
national registry administrator shall not allow the transfer of
allowances or any other accoun ting units out of the operator
holding account opened in respect of that installation until th e
operator complies with the require ment to surrender allowances:
Provided that the national registry administrator shall not
prevent the surrender of allowances in accordance with sub-
24 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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regulations (1) and (1a) or the  cancellation of allowances in
accordance with sub-regulation (4), or the issuance of allowanc es in
exchange for CERs or ERUs in accordance with regulation 20.
Use of CERs and 
ERUs from project activities in the 
Union emissions 
trading scheme for the period 1st 
January 2013 to 
31st December 2020.20. (1) To the extent that the levels of CER and ERU use,
allowed to an operator of an installation for the period from 2 008 to
2012, have not been used up, or where an entitlement to use cre dits
is granted under sub-regulation (5 ), the operator may request t o be
issued allowances valid from 2013 onwards in exchange for CERsand ERUs issued in respect of emission reductions up until 2012
from project types which were eli gible for use in the Union sch eme
during the period from 2008 to 2012. Until the 31st March, 2015 ,
the Authority shall make such an exchange on request.
(2) To the extent that the levels of CER and ERU use, allowed
to an operator of an installation for the period 2008 to 2012, have
not been used up, or where an entitlement to use credits is gra nted
under sub-regulation (5), the ope rator may exchange CERs and
ERUs issued in respect of emission reductions from 2013 onwards
from project types that were registered before 2013 and which w ere
eligible for use in the Union scheme during the period from 200 8 to
2012, for allowances valid from 2013 onwards.
(3) To the extent that the levels of CER and ERU use, allowed
to an operator of an installation for the period from 2008 to 2 012,
have not been used up, or where an entitlement to use credits i s
granted under sub-regulation (5), the operator may exchange CER s
issued in respect of emission re ductions from 2013 onwards from
project types started from 2013 onwards in least developed
countries and which were eligib le for use in the Union scheme
during the period from 2008 to 2012, for allowances valid from
2013 onwards. This sub-regulation shall apply until such countr ies
have ratified a relevant agreement with the Union or until 2020 ,
whichever is the earlier.
(4) To the extent that the levels of CER and ERU use, allowed
to an operator of an installation for the period from 2008 to 2 012,
have not been used up, or where an entitlement to use credits i s
granted under sub-regulation (5),  the operator may use credits from
projects or other emission reducing activities in accordance wi th
any agreements that may be concluded by the Union with thirdcountries, up to levels of use as specified in such agreements,  to
comply with obligations under these regulations.
(5) For the period from 2013 to 2020 an operator of an
installation shall be entitled to use an additional quantity of  CERs
and ERUs up to an amount corresponding to a percentage of itsverified emissions during the period from the 1st January, 2013  to
the 31st December, 2020, as may be established by the Commissio n
pursuant to Directive 2003/87/EC.
(6) For the purposes of this regulation, operators shall not use
CERs or ERUs for which restrictions on use apply in accordancewith relevant decisions and regulations adopted by the Commissi on
pursuant to Directive 2003/87/EC.
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Issue of CERs or 
ERUs from project 
activities.21. No CERs or ERUs shall be issued for reductions or
limitations of greenhouse gas emissions with respect to activit ies
that fall within the sco pe of these regulations.
Access to 
information, 
disclosure of 
informa tion and 
professional 
secrecy.
S.L. 504.65.22. Decisions related to the allocation of allowances to
operators of installations and re ports of emissions submitted i n
accordance with regula tion 17 shall be made available to the pu blic
in accordance with the Freedom of Access to Information on theEnvironment Regulations:
Cap. 586.
Cap. 377.Provided that any access to personal data shall be made in
accordance with the Data Protection Act and that information
covered by professional secrecy may not be disclosed to any oth er
person or authority except by virtue of the applicable laws,regulations, administrative pr ovisions and, or, the provisions of the
Professional Secrecy Act:
Provided also that without prejudice to this regulation and
to the obligation which may be imposed on the Authority to
disclose any information, the Authority shall not disclose anyconfidential information or any parts thereof or any other
information which should be treat ed as commercially confidentia l:
Provided further that any info rmation which shall be treated
as commercially confidential shall be made known at all times t o
the Authority.
Submission of 
applications, monitoring plans 
and reports.23. The Authority may require that submissions of applications,
monitoring and reporting plans and reports under these regulati ons
are made in the form and manner and by means of the medium as
specified by it.
Revenue from 
auctioning of 
allowances.
Substituted by:L.N. 268 of 2019.24. The revenue from the auctioning of allowances, after
deducting the audited costs to administer the EU ETS agreed bet ween
the Minister responsible for fin ance and the Authority, shall a ccrue to
the Consolidated Fund.
Administrative 
Review Tribunal.25. The Administrative Review Tribunal shall have jurisdiction
to hear and determine appeals from decisions of the Authority m ade
under these regulations.
Exclusion of small 
installations subject to 
equivalent 
measures.Added by:
L.N. 268 of 2019.26. (1) Where an operator of an installation has reported, for
that installation, verified emissions of less than twenty fivethousand (25,000) tonnes of carbon dioxide equivalent, and wher e
that installation carried out combustion activities, has a rate d
thermal input below thirty five (35) MW, excluding emissions fr om
biomass, in each of the three years preceding a notification un der
sub-regulation (8) of regulation 11, the Authority may, after
consultation with the operator of the installation and the Mini ster,
propose to exclude that inst allation from the EU ETS:
Provided that the installation shall be subject to
equivalent measures that will achieve a contribution to emissio ns
reductions that is equivale nt to these regulations:
Provided further that arra ngements for monitoring of
26 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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emissions are in place to assess whether the installation to wh ich the
equivalent measures apply emits t wenty-five thousand (25,000) t onnes
or more of carbon dioxide equivalent, excluding emissions frombiomass, in any one  calendar year:
Provided further that the Authority may establish
simplified monitoring, reporting and verification measures for an
installation to which equivalent measures apply if the average annual
verified emissions of that installation between 2008 and 2010 a re
below five thousand (5,000) tonnes a year.
(2) The Authority shall notify the Commission of an
installation for which an exclusion in accordance with regulati on (1) is
proposed, before the list of installations pursuant to sub-regu lation (8)
of regulation 11 is to be submitted or, at the latest, when tha t list is
submitted to the Commission, sp ecifying the equivalent measures
applying to that installation. The exclusion is deemed approved  if the
Authority does not receive an objection from the Commission inaccordance with Directive 2003/87/EC.
(3) The installation shall be excluded following the
surrender of allowances in respect of the period during which t hat
installation is in the EU ETS. The Authority shall, where appli cable,
no longer issue free allowances to that installation pursuant t o
regulation 14. 
(4) Where an installation excluded in accordance with sub-
regulation (1) emits twenty-five thousand (25,000) tonnes or mo re of
carbon dioxide equivalent, excluding emissions from biomass, in  any
one calendar year, or the equivalent measures applying to thatinstallation are no longer in pla ce, the installation shall be reintroduced
into the EU ETS, starting from the first calendar year followin g the
year when the installation emits twenty-five thousand (25,000) tonnes
or more of carbon dioxide equivalent, excluding emissions frombiomass. An installation which has been reintroduced into the E U ETS
s h a l l  s t a y  i n  t h e  E U  E T S  f o r  t h e  r e s t  o f  t h e  p e r i o d  r e f e r r e d  t o  i n
regulation 11 during which it is reintroduced.
(5) When an installation is reintroduced into the EU ETS
pursuant to sub-regulation (4),  any allowances to be allocated for free
in accordance with regulation 11 shall be granted starting from  t h e
year when the installation is reintroduced into the EU ETS. Theallowances to be allocated to th at installation shall be deduct ed from
the quantity of allowances to be  auctioned pursuant to regulati on 12.
(6) For installations which were not in the EU ETS during
the period from 2008 to 2012, the Authority may apply monitorin g,
reporting and verification requirements for determining emissio ns in
the three years preceding the year of a notification pursuant t o sub-
regulation (2).
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INSTALLATIONS [S.L.423.50 27
(7) The Authority shall ensure that the notification to the
Commission pursuant to sub-regulation (2), a confirmation thatarrangements for monitoring of emissions of an installation exc luded
in accordance with sub-regulati on (1) are in place, and a confi rmation
that if an installation excluded in accordance with sub-regulat ion (1)
emits twenty-five thousand (25, 000) tonnes or more of carbon di oxide
equivalent, excluding emissions from biomass, in any one calend ar
year, that installation will be reintroduced into the EU ETS, a re made
available to the public.
(8) The Authority may exclude a  hospital from the EU ETS:
Provided that the hospital is subject to equivalent
measures that will achieve a c ontribution to emissions reductio ns that
is equivalent to these regulations.
Optional exclusion 
of installations 
emitting less than 2,500 tonnes.
Added by:
L.N. 268 of 2019.27. (1) Where an operator of an in stallation has reported, for
that installation, verified emissions of less than two thousand  five
hundred (2,500) tonnes of carbon di oxide equivalent, disregardi ng
emissions from biomass, in each of the three years preceding a
notification under sub-regulation (8) of regulation 11, the Aut hority
may, after consultation with the operator of the installation a nd the
Minister, exclude that inst allation from the EU ETS:
Provided that the Authority shall notify the Commission
of such an installation before t he list of installations pursua nt to sub-
regulation (8) of regulation 11  is to be submitted or, at the l atest, when
that list is submitted to the Commission:
Provided further that arra ngements for monitoring of
emissions are in place to assess  whether the installation emits  t w o
thousand five hundred (2,500) tonnes or more of carbon dioxideequivalent, disregarding emissions  from biomass, in any one cal endar
year.
(2) Where an installation excluded in accordance with sub-
regulation (1) emits two thousa nd five hundred (2,500) tonnes o r more
of carbon dioxide equivalent, disregarding emissions from bioma ss, in
any one calendar year, the inst allation shall be reintroduced i nto the
EU ETS, starting from the first calendar year following the yea r when
the installation emits two thousand five hundred (2,500) tonnes  o r
more of carbon dioxide equivalent, disregarding emissions frombiomass.
(3) When an installation is reintroduced into the EU ETS
pursuant to sub-regulation (2), any allowances to be allocated for free
in accordance with regulation 11 shall be granted starting from  t h e
year when the installation is reintroduced into the EU ETS. Theallowances to be allocated to tha t installation shall be deduct ed from
the quantity of allowances to be  auctioned pursuant to regulati on 12.
28 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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(4) The Authority shall ensure that the notification to the
Commission pursuant to sub-regulation (1), a confirmation thatarrangements for monitoring of emissions of an installation exc luded
in accordance with sub-regulation (1) are in place, and a confi rmation
that if an installation excluded in accordance with sub-regulat ion (1)
emits two thousand five hundred (2,500) tonnes or more of carbo n
dioxide equivalent, disregarding emissions from biomass, in any  one
calendar year, that installation will be reintroduced into the EU ETS,
are made available to the public.
Optional exclusion 
of reserve or 
backup units which do not operate 
more than 300 
hours.Added by:
L.N. 268 of 2019.28. (1) Where an operator of an installation notified the
Authority of a reserve or backup unit which did not operate mor e
than 300 hours per year in each of  the three years preceding a
notification under sub-regulation (8) of regulation 11, the Aut hority
may, after consultation with the operator of the installation a nd, the
Minister, exclude that  unit from the EU ETS:
Provided that the Authority shall notify the Commission
of such a unit before the list of installations pursuant to sub -regulation
(8) of regulation 11 is to be submitted or, at the latest, when  that list is
submitted to the Commission:
Provided further that arrangements for monitoring of
emissions are in place to assess whether the reserve or backup unit has
operated more than 300 hours in any one calendar year.
(2) Where a reserve o r backup unit excluded in accordance
with sub-regulation 1 operates more than 300 hours in any onecalendar year, the unit shall be reintroduced into the EU ETS, starting
from the first calendar year following the year when the unit h as
operated more than 300 hours.
(3) When a unit is reintroduced into the EU ETS pursuant to
sub-regulation (2), any allowances to be allocated for free in respect of
that unit in accordance with regulation 11 shall be granted sta rting
from the year when the unit is reintroduced into the EU ETS. Th e
allowances to be allocated to t hat unit shall be deducted from the
quantity of allowances to be auc tioned pursuant to regulation 1 2.
(4) The Authority shall ensure that the notification to the
Commission pursuant to sub-regulation (1), a confirmation thatarrangements for monitoring of the hours of operation of a unit
excluded in accordance with sub- regulation (1) are in place, an d a
confirmation that if a unit excluded in accordance with sub-reg ulation
(1) operates more than 300 hours in any one calendar year, that  unit
will be reintroduced into the EU ETS, are made available to the  public.
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Categories of Activities for wh ich these Regulations apply  
1. Installations or parts of installations used for research, de velopment and
testing of new products and processes and installations exclusi vely using biomass
are not covered by these Regulations.
2. The threshold values given bel ow generally ref er to productio n capacities or
outputs. Where several activities falling under the same catego ry are carried out in
the same installation, the capac ities of such ac tivities are ad ded together.
3. When the total rated thermal input of an installation is calc ulated in order to
decide upon its inclusion in the EU ETS, the rated thermal inpu ts of all technical
units which are part of it, in which fuels are combusted within  the installation, are
added together. These units could include all types of boilers,  burners, turbines,
heaters, furnaces, incinerators,  calciners, kilns, ovens, dryer s, engines, fuel cells,
chemical looping combustion units, flares, and thermal and cata lytic post-
combustion units. Units with a rated thermal input below 3MW an d units which use
exclusively biomass shall not be  taken into account for the pur poses of this
calculation. ‘Units using exclusively biomass’ includes units w hich use fossil fuels
only during start-up or shut-down of the unit.
4. If a unit serves an activity for which the threshold is not e xpressed as total
rated thermal input, the threshold of this activity shall take precedence for the
decision about the inclusion in the EU ETS.
5. When the capacity threshold of any activity in this Schedule is found to be
exceeded in an installation, all units in which fuels are combu sted, other than units
for the incineration of hazardous  or municipal waste, shall be included in the
greenhouse gas emission permit.Amended by:
L.N. 268 of 2019.Schedule 1
Regulations 1(2), 2, 3, 4(1), 4(2), 4(4), 5(1), 5(2), 5(3)( c), 5(3)( d),
5(3)( e), 6(3)( e), 7(1)( c), 9(1), 15(1), 15(1)( c), 16(1)( a), 16(1)( c) 
and 16(3)( c)
Activities Greenhouse gases
30 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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Combustion of fuels in installations with a total rated thermal
input exceeding 20MW (except in installations for theincineration of hazardous  or municipal waste)
Refining of mineral oil
Production of coke
Metal ore (including sulphide ore) roasting or sintering,
including pelletisation
Production of pig iron or steel (primary or secondary fusion)
including continuous casting, with a capacity exceeding 2.5
tonnes per hour
Production or processing of ferrous metals (including ferro-
alloys) where combustion units w ith a total rated thermal input
exceeding 20MW are operated. Processing includes, inter alia,
rolling mills, re-heaters, anne aling furnaces, smitheries,
foundries, coating and pickling
Production of primary aluminiumCarbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
andperfluorocarbons
Production of secondary aluminium where combustion units
with a total rated thermal in put exceeding 20MW are operated
Production or processing of non-ferrous metals, including
production of alloys, refining,  foundry casting, etc., where
combustion units with a total rated thermal input (includingfuels used as reducing agents ) exceeding 20MW are operatedCarbon dioxide
Carbon dioxide
Production of cement clinker in rotary kilns with a production
capacity exceeding 500  tonnes per day or in  other furnaces with
a production capacity excee ding 50 tonnes per day
Production of lime or calcinations of dolomite or magnesite in
rotary kilns or in other furnaces with a production capacity
exceeding 50 tonnes per day
Manufacture of glass includi ng glass fibre with a melting
capacity exceeding 20 tonnes per day
Manufacture of ceramic products by firing, in particular roofin g
tiles, bricks, refractory bricks, tiles, stoneware or porcelain , with
a production capacity excee ding 75 tonnes per day
Manufacture of mineral wool insulation material using glass,
rock or slag with a melting cap acity exceeding 20 tonnes per da y
Drying or calcinations of gypsum or production of plaster board s
and other gypsum products, where combustion units with a totalrated thermal input ex ceeding 20MW are operatedCarbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
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Schedule 2
Regulation 2
Greenhouse gases  
Carbon dioxide (CO2)
Methane (CH4)
Nitrous Oxide (N2O)
Hydrofluorocarbons (HFCs)
Perfluorocarbons (PFCs)
Sulphur Hexafluoride (SF6)Production of pulp from timbe r or other fibrous materials
Production of paper or cardboard with a production capacity
exceeding 20 t onnes per day
Production of carbon black involving the carbonisation of
organic substances such as oils, tars, cracker and distillationresidues, where combustion units with a total rated thermal inp ut
exceeding 20MW are operated
Production of nitric acid
Production of adipic acidProduction of glyoxal and glyoxylic acidProduction of ammonia
Production of bulk organic chemicals by cracking, reforming,
partial or full oxidation or by similar processes, with a
production capacity exceed ing 100 tonnes per day
Production of hydrogen (H
2) and synthesis gas by reforming or
partial oxidation with a produc tion capacity exceeding 25 tonne s
per day
Production of soda ash (Na2CO3) and sodium bicarbonate
(NaHCO3)
Capture of greenhouse gases from installations covered by the
Directive for the purpose of tra nsport and geological storage i n a
storage site permitted un der Directive 2009/31/ECCarbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
and nitrous oxide
Carbon dioxide
and nitrous oxide
Carbon dioxide
and nitrous oxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Carbon dioxide
Transport of greenhouse gases by pipelines for geological
storage in a storage site perm itted under Directive 2009/31/EC
Geological storage of greenhou se gases in a storage site
permitted under Directive 2009/31/ECCarbon dioxide
Carbon dioxide
32 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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Schedule 3
Regulations 15(1)(a), 16(1)(a)
Principles for Monitoring and Reporting of annual emissions
Monitoring of carbon dioxide emissions
Emissions shall be monitored eith er by calculation or on the ba sis of
measurement.
Calculation
Calculations of emissions shall be performed usi ng the formula:
Activity data x Emission  factor x Oxi dation factor
Activity data (fuel used, production rate etc.) shall be monito red on the basis of
supply data or measurement.
Accepted emission factors shall be used. Activity-specific emis sion factors are
acceptable for all fuels. Default factors are acceptable for al l fuels except non-
commercial ones (waste fuels such as tyres and industrial proce ss gases). Seam-
specific defaults for coal, and EU-specific or producer country -specific defaults for
natural gas shall be further ela borated. IPCC default values ar e acceptable for
refinery products. The emission f actor for biomass shall be zer o.
If the emission factor does no t account of the fact that some o f the carbon is not
oxidized, then an additional oxidation factor shall be used. If  activity-specific
emission factors have been calcula ted and already take oxidatio n into account, then
an oxidation factor n eed not be applied.
Default oxidation factors developed pursuant to Directive 96/61 /EC* shall be
used, unless the operator can demonstrate that activity-specifi c factors are more
accurate.
A separate calculation shall be  made for each activity, install ation and for each
fuel.
Measurement
Measurement of emissions shall use standardized or accepted met hods, and shall
be corroborated by a supportin g calculation of emissions.
Monitoring of emissions o f other greenhouse gases
Standardised or accepted methods s hall be used, as developed an d adopted by the
Commission in collaboration wi th all relevant stakeholders.
Reporting of emissions
Each operator shall include the following information in the re port for an
installation:
A. Data identifying the installation, including:
*Directive 96/61/EC: Co uncil Directive 96/61/EC of 24 September  1996 concerning integrated pollution
prevention and control.
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- Name of the installation;
- Its address, including postcode and country;- Type and number of activities listed in Schedule 1 carried out  in
the installation;
- Address, telephone, fax and email details for a contact person ;
and
- Name of the owner of the installation, and of any parent compa ny.
B. For each activity lis ted in Schedule 1 to these regulations c arried out on
the site for which emi ssions are calculated:
- Activity data;
- Emission factors;- Oxidation factors;- Total emissions; and- Uncertainty.
C. For each activity lis ted in Schedule 1 to these regulations c arried out on
the site for which emi ssions are measured:
- Total emissions;
- Information on the reliability of measurement methods; and- Uncertainty.
D. For emissions from combustion, the report shall also include the
oxidation factor, unless oxidation has already been taken into account in
the development of an activit y-specific emission factor.
Schedule 4
Regulation 16(3)(a)
Criteria for Verification
General Principles
1. Emissions from each activity lis ted in Schedule 1 to these re gulations shall
be subject to verification
2. The verification process shall include consideration of the r eport submitted
pursuant to regulation 16 and o f monitori ng during the precedin g year. It shall
address the reliability, credibility and accuracy of monitoring  systems and the
reported data and info rmation relating to emissions, in particu lar:
(a) the reported activity data and related measurements and calcul ations;
(b) the choice and the employm ent of emission factors;
(c) the calculations leading to the  determination of the overall e missions;
and
(d) if measurement is used, the appropriateness of the choice and the
employment of measuring methods.
34 [S.L.423.50EUROPEAN UNION GREENHOUSE GAS EMISSIONS 
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3. Reported emissions may only be  validated if reliable and cred ible data and
information allow the emissions to be determined with a high de gree of certainty. A
high degree of certainty would require the operator to show tha t:
(a) the reported data is fr ee of inconsistencies;
(b) the collection of data has b een carried out in accordance with  t h e
applicable scientific standards; and
(c) the relevant records of the installation are complete and cons istent.
4. The verifier shall be given access to all sites and informati on in relation to
the subject of the verification.
5. The verifier shall take into account whether the installation  is registered
under the Community eco-management and a udit scheme (EMAS).
Methodology
Strategic analysis6. The verification shall be based on a strategic analysis of al l the activities
carried out in the installation. This requires the verifier to have an overview of all
the activities and their significance for emissions.
Process analysis
7. The verification of the information submitted shall, where ap propriate, be
carried out on the site of the in stallation. The verifier shall  use spot-checks to
determine the reliability of the reported data and information.
Risk analysis8. The verifier shall submit all the sources of emissions in the  installation to an
evaluation with regard to the r eliability of th e data of each s ource contributing to the
overall emissions of the installation.
9. On the basis of this analysis the verifier shall explicitly i dentify those
sources with a high risk of error and other aspects of the moni toring and reporting
procedure which are likely to c ontribute to errors in the deter mination of the overall
emissions. This especially involves the choice of the emission factors and the
calculations necessary to determ ine the level of the emissions from individual
sources. Particular attention sh all be given to those sources w ith a high risk of error
and the abovementioned aspects of the monitoring procedure.
10. The verifier shall take into c onsideration any effective ris k control methods
applied by the operator with a v iew to minimizing the degree of  uncertainty.
Report11. The verifier shall prepare a report on the validation proces s stating whether
the report submitted pursuant to regulation 16 of these regulat ions is satisfactory.
This report shall specify all i ssues relevant to the work carri ed out. A statement that
the report submitted pursuant to regulation 16 of these regulat ions is satisfactory
may be made if, in the opinion of the verifier, the total emiss ions are not materially
misstated.
Minimum competen cy requirements for the verifier
12. The verifier shall be independ ent of the operator, carry out  his activities in a
sound and objective professi onal manner, and understand:
(a) the provisions of these regulations, as well as relevant stand ards and
guidance adopted by the Authority  pursuant to these regulations ;
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(b) the legislative, regulatory, and administrative requirements r elevant to
the activities bei ng verified; and
(c) the generation of all informatio n related to each source of em issions in
the installation, in particular, relating to the collection, me asurement,
calculation and reporting of data.