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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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Changes and effects yet to be applied to Regulation 35:

  • Regulations modified by 2019 c. 1 s. 79(5)
  • Regulations modified by S.I. 2020/1369 reg. 45
  • Regulations revoked in part by S.I. 2021/511 reg. 12
  • reg. 16-40 omitted by S.I. 2020/1369 reg. 10(b)
  • reg. 35(2)(a) word inserted by S.I. 2019/1440 reg. 15(2) (This amendment not applied to legislation.gov.uk. Regs. 13-16 omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(d))
  • reg. 35(3) word inserted by S.I. 2019/1440 reg. 15(3) (This amendment not applied to legislation.gov.uk. Regs. 13-16 omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(d))
  • reg. 35(5) word substituted by S.I. 2019/107 reg. 22(a) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
  • reg. 35(6)(a) words omitted by S.I. 2019/107 reg. 22(b) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))
  • reg. 35(7) words substituted by S.I. 2019/1440 reg. 15(4) (This amendment not applied to legislation.gov.uk. Regs. 13-16 omitted immediately before IP completion day by virtue of S.I. 2020/1369, regs. 1(2), 44(d))
  • reg. 35(7)(a)(ii) words inserted by S.I. 2019/107 reg. 22(c) (This amendment not applied to legislation.gov.uk. S.I. 2019/107 revoked immediately before IP completion day by S.I. 2020/1369, regs. 1(2), 43(a))

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Monitoring and reporting emissionsU.K.

This section has no associated Explanatory Memorandum

35.—(1) [F1Subject to paragraph (5), once] a UK administered operator (“A”) has been issued with an emissions plan, A must monitor aviation emissions for each scheme year in which A is a UK aircraft operator.

(2) [F2Subject to paragraph (5), monitoring] under paragraph (1) must be carried out in accordance with—

(a)the Monitoring and Reporting Regulation; and

(b)A's emissions plan (including the written procedures supplementing that plan).

(3) [F3Subject to paragraphs (6) and (7),] A must prepare a verified report of aviation emissions, for the whole of each such scheme year, in accordance with the Monitoring and Reporting Regulation and the Verification Regulation.

[F4(4) Subject to paragraphs (6) to (8), the report prepared under paragraph (3) must be submitted to the regulator—

(a)for the scheme year 2018, by 11th March 2019; or

(b)for any other scheme year, by 31st March in the year following that scheme year.]

[F5(5) The obligation to monitor aviation emissions does not apply in respect of excluded aviation emissions for the scheme years [F62015 to 2023].

(6) The obligation to prepare and to submit to the regulator a verified report of aviation emissions does not apply—

(a)in respect of excluded aviation emissions, for the scheme years beginning with 2013 and ending with [F72023]; or

(b)where, for the scheme years 2013 or 2014, A was an exempt non-commercial air transport operator.

[F8(7) The report shall be considered verified in accordance with the Verification Regulation where—

(a)either—

(i)A has annual reportable emissions of less than 25,000 tonnes, or

(ii)A has annual reportable emissions of less than 3,000 tonnes other than from an outermost region flight, or flights departing from, or arriving in, an aerodrome situated in any country other than an EEA state, and

(b)A has determined its emissions using the small emitters tool approved under the Small Emitters Tool Regulation and populated with data by Eurocontrol.]

(8) The verified report for the scheme year 2013 must be submitted to the regulator by 31st March 2015.]

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