Ireland Greenhouse Gas Emissions Trading Regulations S.I. 490/2012: A Guide

Key Takeaways

• S.I. No. 490/2012 implements EU ETS Phase 3 in Ireland, establishing greenhouse gas emissions permits.
• The regulations apply to installations with a total rated thermal input exceeding 20 MW.
• Operators must submit a verified emissions report by 31 March and surrender allowances by 30 April each year.
• An excess emissions penalty of €100 per tonne of carbon dioxide equivalent applies for insufficient allowance surrender.

Understanding S.I. No. 490/2012

The European Communities (Greenhouse Gas Emissions Trading) Regulations 2012, known as S.I. No. 490/2012, establish the legal framework for the EU Emissions Trading Scheme (ETS) Phase 3 in Ireland. These regulations implement Directive 2009/29/EC and reference Directive 2003/87/EC. They outline the administration of greenhouse gas emissions permits by the Environmental Protection Agency (EPA) under the Environmental Protection Agency Act 1992.

Scope of Application

S.I. No. 490/2012 applies to specific industrial activities. It covers installations involved in the combustion of fuels with a total rated thermal input exceeding 20 MW. This threshold is detailed in Schedule 1 of the Statutory Instrument. The regulations define the requirements for obtaining and managing greenhouse gas emissions permits.

Key Operator Obligations and Deadlines

Operators subject to these regulations have clear reporting and surrender obligations. A verified emissions report must be submitted by 31 March of the following year. The surrender of allowances is required by 30 April annually. These deadlines ensure compliance with the EU ETS framework for the Third Trading Period.

Penalties for Non-Compliance

Failure to surrender the required number of allowances by the 30 April deadline results in an excess emissions penalty. This penalty is set at €100 for each tonne of carbon dioxide equivalent emitted for which the operator has not surrendered allowances. The imposition of this penalty does not remove the operator's obligation to surrender the allowances.

Broader Context and Related Legislation

The regulations integrate Ireland into the union-wide auctioning system for greenhouse gas allowances. They also cite the European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2010, indicating the comprehensive nature of Ireland's emissions trading framework. The EPA is designated as the competent authority for administering these regulations.