6.1Surrender restrictions

#### 6.1 Surrender restrictions (1) This regulation: (a) is made for subsection 123(1) of the Act; and (b) applies to the following eligible international emissions units: (i) a certified emission reduction (other than a temporary certified emission reduction or a long‑term certified emission reduction); (ii) an emission reduction unit. > Note: These eligible international emissions units are defined in the ANREU Act. (2) The surrender of either of those eligible international emissions units is prohibited if the emissions unit is attributable to: (a) the destruction of: (i) trifluoromethane (also known as HFC 23); or (ii) nitrous oxide that is created as a result of producing adipic acid; or (b) a project that includes the production of: (i) nuclear energy; or (ii) hydropower that has a generating capacity of more than 20 MW unless an independent validating entity, using the EU compliance report, has assessed that the project respects the international criteria. (3) In this regulation: > Common understanding means the document titled ‘Guidelines on a common understanding of Article 11b(6) of Directive 2003/87/EC as amended by Directive 2004/101/EC’, published by the European Commission. > Note: At the commencement of this regulation the Guidelines are available at http://ec.europa.eu/clima/policies/ets/linking/ji‑cdm/docs/ > art11b6\_guide\_en.pdf. > EU compliance report means the report in: (a) Annex 1 to the Common understanding; or (b) ‘Australia’s National Guidelines and Procedures for Approving Participation in Clean Development Mechanism Projects’, published by the Australian National Authority for the CDM and JI; or (c) ‘Australia’s National Guidelines and Procedures for Approving Participation in Joint Implementation Projects’, published by the Australian National Authority for the CDM and JI. > Note: At the commencement of this regulation: (a) the report mentioned in paragraph (a) is available at http://ec.europa.eu/clima/policies/ets/linking/ji‑cdm/docs/ art11b6\_comp\_temp\_en.pdf; and (b) the reports mentioned in paragraphs (b) and (c) are available at www.climatechange.gov.au. > independent validating entity means an entity that is accredited as: (a) a designated operational entity by the Clean Development Mechanism Executive Board established under the Climate Change Convention; or (b) an accredited independent entity by the Joint Implementation Supervisory Committee. > international criteria means the criteria set out in Annex 1 to the Common understanding. > Joint Implementation Supervisory Committee means the committee established by Article 3 of Decision 9/CMP.1 of the Conference of the Parties serving as the meeting of the Parties to the Kyoto Protocol.