The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Interpretation U.K.

20.  In this Part (and in Schedules 7 to 10)—

“the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 F1 ;

“area”, in relation to a regulator, means—

(a)

in respect of the Environment Agency, EnglandF2 ...;

(aa)

[F3 in respect of the NRBW, Wales;]

(b)

in respect of SEPA, Scotland;

(c)

in respect of the chief inspector, Northern Ireland;

“authority”, in relation to a UK administered operator (“P”) means—

(a)

[F4 the Welsh Ministers, where P’s regulator is the NRBW;]

(b)

the Scottish Ministers, where P's regulator is SEPA;

(c)

the Department of the Environment in Northern Ireland, where P's regulator is the chief inspector;

(d)

otherwise, the Secretary of State;

“benchmarking plan” has the meaning given by paragraph 2 of Schedule 7;

“benchmarking year”, in relation to a trading period, means the calendar year ending 24 months before the beginning of the period;

“Commission list” means the list of operators set out in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator F5 , as amended from time to time;

“emissions plan” means a plan issued under—

(a)

regulation 34(1)(a);

(b)

regulation 19(1)(a) of the 2010 Regulations; or

(c)

regulation 15(1)(a) of the 2009 Regulations;

[F6 “Eurocontrol” means the European organisation for air safety navigation;

“excluded aviation activity” means—

(a)

in respect of the scheme year 2013, an activity consisting in—

(i)

a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state or Croatia; or

(ii)

an outermost region flight;

(b)

in respect of any other scheme year, an activity consisting in—

(i)

a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state; or

(ii)

an outermost region flight;

“excluded aviation emissions” means aviation emissions arising from an excluded aviation activity;]

“member State” includes an EEA state;

[F7 “non-UK operator” has the meaning given in regulation 24(2);

“outermost region” means—

(a)

in respect of the scheme year 2013, the Canary Islands, French Guiana, Guadeloupe, Martinique, Réunion, Saint-Martin, the Azores, or Madeira;

(b)

in respect of any other scheme year, the Canary Islands, French Guiana, Guadeloupe, Martinique, Mayotte, Réunion, Saint-Martin, the Azores, or Madeira;

“outermost region flight” means—

(a)

in respect of the scheme year 2013, a flight between an aerodrome located in an outermost region and an aerodrome located in—

(i)

a different outermost region;

(ii)

an area of an EEA state which is not an outermost region; or

(iii)

Croatia;

(b)

in respect of any other scheme year, a flight between an aerodrome located in an outermost region and an aerodrome located in—

(i)

a different outermost region; or

(ii)

an area of an EEA state which is not an outermost region;]

“registered office” (except in Schedule 9) means the registered office in the United Kingdom that a company is required to have under section 86 of the Companies Act 2006 F8 ;

[F9 “Small Emitters Tool Regulation” means Commission Regulation (EU) No 606/2010 on the approval of a simplified tool developed by the European organisation for air safety navigation (Eurocontrol) to estimate the fuel consumption of certain small emitting aircraft operators, as amended from time to time;]

“tonne-kilometre” and “tonne-kilometre data” have the same meaning as in the Monitoring and Reporting Regulation;

“UK administered operator” means (subject to regulations 22 to 25) a person who is—

(a)

identified in the Commission list, and

(b)

specified in that list as an aircraft operator to be administered by the United Kingdom;

“unlisted operator” means a person who is—

(a)

not identified in the Commission list, and

(b)

the user or owner of an aircraft used to perform an aviation activity.

Textual Amendments

F1 S.I. 2009/2301; revoked with savings etc. by S.I. 2010/1996.

F2 Words in reg. 20 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(a) (with Sch. 7)

F3 Words in reg. 20 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(b) (with Sch. 7)

F4 Words in reg. 20 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(3) (with Sch. 7)

F5 OJ No L 219, 22.8.2009, p 1; amended by Commission Regulations (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12), No 115/2011 (OJ No L 39, 12.2.2011, p 1), No 394/2011 (OJ No L 107, 27.4.2011, p 1) and No 100/2012 (OJ No L 39, 11.2.2012, p 1).

F6 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(a)

F7 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(b)

F8 2006 c. 46.

F9 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(c)