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Version status: Inserted | Document consolidation status: Updated to reflect all known changes
Version date: 1 July 2024 - onwards
Version 2 of 2

Article 75r Determination of emissions by the competent authority

1. The competent authority shall make a conservative estimate of the emissions of a regulated entity, taking into account cost pass-on implications for consumers, in any of the following situations:

(a) no verified annual emission report has been submitted by the regulated entity by the deadline required pursuant to Article 75p;

(b) the verified annual emissions report referred to in Article 75p is not in compliance with this Regulation;

(c) the annual emissions report of a regulated entity has not been verified in accordance with Implementing Regulation(EU) 2018/2067.

2. Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the regulated entity before issuing the verification report, the competent authority shall assess those misstatements and, where appropriate, make a conservative estimate of the emissions of the regulated entity, taking into account cost pass-on implications for consumers. The competent authority shall inform the regulated entity whether and which corrections are required to the annual emissions report. The regulated entity shall make that information available to the verifier.