Eligible UK operatorU.K.
15.—(1) Subject to paragraph (2), an eligible UK operator in a trading period is—
(a)a person who becomes an aircraft operator, for the first time, after the benchmarking year for that trading period; or
(b)an aircraft operator whose tonne-kilometre data in the second calendar year in the trading period exceeds by more than 93.9% its tonne-kilometre data in the benchmarking year for that trading period.
(2) A person within paragraph (1)(a), or an aircraft operator within paragraph (1)(b), who would otherwise qualify as an eligible UK operator under paragraph (1) by virtue of performing an aviation activity does not so qualify where that aviation activity is in whole or part a continuation of an activity previously performed by a person who is or has been a person falling within the definition of “aircraft operator” in Article 3(o) of the EU ETS Directive.
Commencement Information
I1Reg. 15 in force at 31.8.2010, see reg. 1