PART 1General

InterpretationI12

In these Regulations—

  • “2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 20095;

  • additional daily penalty” has the meaning given by regulation 30(1)(b);

  • address” means, in relation to electronic communications, any number or address used for the purpose of such communication;

  • aerodrome operator” has the meaning given by regulation 48(b);

  • aircraft operator” has the meaning given by regulation 3;

  • allowance” has the meaning given by Article 3 of the EU ETS Directive;

  • appeal body” has the meaning given by regulation 52(9);

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

    1. a

      in respect of the Environment Agency, England and Wales;

    2. b

      in respect of the Scottish Environment Protection Agency, Scotland;

    3. c

      in respect of the chief inspector, Northern Ireland;

  • authority” has the meaning given by regulations 7 and 51(7);

  • aviation activity” means the category of aviation activity listed in Annex I to the EU ETS Directive, but with the reference to 1st January 2012 omitted;

  • aviation emissions” means emissions from an aviation activity;

  • benchmarking plan” means a plan issued under—

    1. a

      regulation 10(1)(a); or

    2. b

      regulation 10(1)(a) of the 2009 Regulations;

  • benchmarking year” means—

    1. a

      for the trading period 2013 to 2020, 2010; and

    2. b

      for subsequent trading periods of eight calendar years, the calendar year ending 24 months before the beginning of the period;

  • chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;

  • 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 operator6, as amended from time to time;

  • electronic communication” has the same meaning as in the Electronic Communications Act 20007;

  • eligible UK operator” has the meaning given by regulation 15;

  • emissions” means the release of greenhouse gases into the atmosphere;

  • emissions plan” means a plan issued under—

    1. a

      regulation 19(1)(a); or

    2. b

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

  • “EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC8, as amended from time to time;

  • greenhouse gases” has the meaning given by Article 3 of the EU ETS Directive;

  • independent verifier” means a person or body accredited or endorsed by UKAS to carry out the verification requirements of Article 15 of the EU ETS Directive;

  • “Monitoring and Reporting Decision” means Commission Decision 2007/589/EC establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council9, as amended from time to time;

  • “Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 200310;

  • Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 199111;

  • registered office” (except in Schedule 6) means the registered office in the United Kingdom that is required under section 86 of the Companies Act 200612;

  • regulator” has the meaning given by regulations 4, 5 and 6;

  • tonne-kilometre data” has the meaning given by Part B of Annex IV to the EU ETS Directive;

  • tonne-kilometres” has the meaning given by Part B of Annex IV to the EU ETS Directive;

  • trading period” means one of the following periods—

    1. a

      2012;

    2. b

      2013 to 2020; or

    3. c

      subsequent periods of eight calendar years;

  • UK operator” means a person who is—

    1. a

      identified in the Commission list; and

    2. b

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

  • “UKAS” means the United Kingdom Accreditation Service13.