The Greenhouse Gas Emissions Trading Scheme Regulations 2012

CHAPTER 1General

Interpretation

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

“the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009(1);

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

(a)

in respect of the Environment Agency, England and 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)

the Welsh Ministers, where—

(i)

P’s regulator is the Environment Agency; and

(ii)

P’s registered office is in Wales;

(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(2), 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;

“member State” includes an EEA state;

“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(3);

“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.

Civil Aviation Authority

21.—(1) The Civil Aviation Authority must provide such assistance and advice as the regulator may require in connection with any of the regulator’s functions under this Part (including Schedules 7 to 10) or under regulation 44.

(2) The Civil Aviation Authority is entitled to recover from the regulator a sum equal to any expense reasonably incurred by it in providing the regulator with assistance or advice under paragraph (1).

(1)

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

(2)

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).