41. For each scheme year, the operator of an installation must surrender allowances in accordance with the surrender requirements of the permit for the installation.
42.—(1) For each scheme year a UK aircraft operator (“P”) must, by the following 30th April, surrender a number of allowances or aviation allowances equal to P's annual reportable emissions in that scheme year.
(2) For the purposes of the requirement in paragraph (1) the amount of the annual reportable emissions in a recovery year is deemed to be increased by an amount equal to the amount of annual reportable emissions, arising in the non-compliance year, in respect of which P failed to comply with that requirement.
(3) For the purposes of paragraph (2)—
(a)a “non-compliance year” is any scheme year for which P fails to comply with the requirement in paragraph (1); and
(b)the “recovery year” is—
(i)the scheme year following the non-compliance year; or
(ii)where the non-compliance results from an error in the verified emissions report submitted by P, the scheme year in which the error is discovered.