CRC: Environment Agency guidance on penalties for failure to submit annual report | Practical Law

CRC: Environment Agency guidance on penalties for failure to submit annual report | Practical Law

The Environment Agency published guidance, on 2 June 2011, on civil penalties under the CRC Energy Efficiency Scheme for failure to submit an annual report for the period 2010/11 by the 29 July 2011 deadline.

CRC: Environment Agency guidance on penalties for failure to submit annual report

Practical Law UK Legal Update 9-506-3422 (Approx. 3 pages)

CRC: Environment Agency guidance on penalties for failure to submit annual report

by PLC Environment
Published on 03 Jun 2011 • UK
The Environment Agency published guidance, on 2 June 2011, on civil penalties under the CRC Energy Efficiency Scheme for failure to submit an annual report for the period 2010/11 by the 29 July 2011 deadline.
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On 2 June 2011, the Environment Agency published guidance on civil penalties under the CRC Energy Efficiency Scheme for failure to submit an annual report for the period 2010/11 by the 29 July 2011 deadline. Note that the penalties (mostly fines) can be significant.
The guidance is supplementary to the general guidance on civil penalties as a whole, which was published by the Department of Energy and Climate Change in April 2011.
On 2 June 2011, the Environment Agency (EA) published guidance on civil penalties under the CRC Energy Efficiency Scheme (CRC) for failure to submit an annual report for the period 2010/11.
This guidance is supplementary to the general guidance on civil penalties, which was published by the Department of Energy and Climate Change (DECC) in April 2011 (see DECC: Statutory Guidance: Civil penalties under the CRC Energy Efficiency Scheme Order 2010 (April 2011)).
Participants in the CRC must submit an annual report for 2010/11 by 29 July 2011. Failure to submit an annual report by this deadline will result in the following civil penalties:
  • An immediate fine of £5,000.
  • An additional fine of £500 per day, up to a maximum of 40 working days. After the 40th day, the total fine will be doubled to £40,000.
  • Details of the participant's failure to submit an annual report will be published on the CRC registry.
  • The participant will be moved to the bottom of the league table.
  • The relevant regulator (the EA in England and Wales) will calculate the participant's emissions in accordance with the methodology set out in Annexes 1 and 2 to the guidance.
  • An additional fine of £40 per tonne of carbon dioxide will be applied to the emissions calculated by the regulator.
For more information on:
Source: Environment Agency: CRC Energy Efficiency Scheme: Civil Penalties: failure to submit an annual report for 2010/2011 (Version 1) (2 June 2011).