PART 3Aviation

CHAPTER 4Monitoring and reporting aviation emissions

Application for an emissions plan by a UK administered operator32

F21

Subject to paragraphs (3), (4), (6) and (7), a UK administered operator (“A”) must apply to the regulator for a monitoring plan where required by Article 51(1) and within the period of time required by that Article.

2

That application must contain a F3draft plan to monitor A's aviation emissions (together with supporting documents) submitted under Article 12(1).

3

If A has previously been issued with an emissions plan—

a

an application under paragraph (1) may not be made without the agreement of the regulator; and

b

any plan issued under regulation 34(1)(a) replaces the plan that has previously been issued.

4

Where an application is made by virtue of the second or third sub-paragraphs of Article 51(1), the application must include a satisfactory explanation of why it could not have been made earlier.

5

Without prejudice to paragraph (1), a UK administered operator who has not previously been issued with an emissions plan may make an application in accordance with paragraph (2) at any time.

6

If A is a transferred operator within regulation 24(1)(a), and has previously applied to another member State for a monitoring plan in accordance with Article 51(1)—

a

this regulation applies to A as it applies to a UK administered operator who is not a transferred operator; but

b

the application to the regulator may be made within the period of 8 weeks beginning with the date on which A became a UK administered operator.

F17

This regulation does not apply to a UK administered operator who commences aviation activities during the scheme years F42015 to 2023.