12.—(1) This paragraph applies where—
(a)an aircraft operator (“A”) does not have a registered office or a place of residence in the United Kingdom;
(b)“B” is the regulator of A; and
(c)a different regulator (“C”) is satisfied that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.
(2) Where paragraph (1) applies, on or before 30th June 2025, C must give notice to—
(a)A;
(b)B; and
(c)the UK ETS authority,
that C is the regulator of A from the beginning of the 2026-2030 allocation period.
(3) A notice under paragraph (2) must be accompanied by evidence demonstrating that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.
(4) In this article, “area” in relation to a regulator, means—
(a)in respect of the Environment Agency, England;
(b)in respect of the NRW, Wales;
(c)in respect of the SEPA, Scotland;
(d)in respect of the chief inspector, Northern Ireland.