Ireland Greenhouse Gas Emissions Trading Regulations SI 437 2004 Guide

Key Takeaways

• S.I. No. 437/2004 implements Directive 2003/87/EC in Ireland.
• Combustion installations with a rated thermal input exceeding 20 MW require an EPA permit.
• Operators must surrender allowances by 30 April each year.
• Excess emissions penalties were €40/tonne during the pilot period, rising to €100/tonne subsequently.

Understanding S.I. No. 437/2004

The "European Communities (Greenhouse Gas Emissions Trading) Regulations 2004," known as S.I. No. 437/2004, established the framework for greenhouse gas emissions trading in Ireland. These regulations implement Directive 2003/87/EC. They define the legal basis for the Irish participation in the European Union Emissions Trading System (EU ETS). The Environmental Protection Agency (EPA) is designated as the competent authority for these regulations.

Scope and Permit Requirements

S.I. No. 437/2004 applies to specific industrial activities. Combustion installations with a rated thermal input exceeding 20 MW must hold a "greenhouse gas emissions permit." This permit is issued by the EPA. The EPA is established under Section 19 of the Environmental Protection Agency Act 1992.

Compliance and Deadlines

Operators of covered installations must comply with annual obligations. They must surrender a number of allowances equal to the total emissions from that installation. This surrender must occur by 30 April each year at the latest. The regulations also refer to a "National Allocation Plan" which outlines how allowances are distributed.

Penalties for Non-Compliance

Non-compliance with the regulations carries financial penalties. During the pilot period, an excess emissions penalty was set at €40 for each tonne of carbon dioxide equivalent emitted. This penalty increased to €100 for each period thereafter. These penalties encourage adherence to emissions limits.

Historical Context

The regulations make reference to the "Kyoto period." This places the Irish greenhouse gas emissions trading system within the broader international climate policy framework established by the Kyoto Protocol.