PART 3Aviation

CHAPTER 4Monitoring and reporting aviation emissions

F1Application for an emissions plan by a UK administered operator: F2activities during 2015 to 202332A

1

This regulation applies to a UK administered operator (“B”) who commences aviation activities other than excluded aviation activities during F3the scheme years 2015 to 2023 (“the relevant activities”).

2

Subject to paragraphs (3) to (7), B must apply to the regulator for a monitoring plan by the application date.

F43

Where B is unable to foresee the date on which B is due to commence the relevant activities, B must—

a

where the relevant activities are due to commence during the scheme years 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence these activities and in any event by the later of 6 weeks after 31st March 2018 or 6 weeks after the date on which the relevant activities commence;

b

where the relevant activities are due to commence during a scheme year other than 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence the relevant activities and in any event by a date no later than 6 weeks after the date on which the relevant activities commence; and

c

include with the application a written explanation of why B was unable to comply with paragraph (2).

4

Paragraph (5) applies where B is unable to comply with paragraph (2) by reason only that B’s administering member State, referred to in Article 18a of the Directive, is not known by the application date.

5

Where this paragraph applies B must—

a

apply to the regulator for a monitoring plan F5in respect of the relevant activities, without delay once information on B’s administering member State becomes available; and

b

include with the application a written explanation of why B was unable to comply with paragraph (2).

6

Paragraph (7) applies where B was a non-UK operator and becomes a UK administered operator after the transferred operator cut-off date.

7

Where this paragraph applies, B must apply to the regulator for a monitoring plan by the transferred operator application date.

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In this regulation—

a

“application date” means—

i

where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the date which is 4 months before the date on which the 2015 activities are due to commence;

ii

where the relevant activities are due to commence during the scheme year 2016, the date which is 4 months before the date on which the 2016 activities are due to commence;

iii

where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the date which is 4 months before the date on which these activities are due to commence; and

iv

where the relevant activities are due to commence during the scheme years 2019 to 2023, the date which is 4 months before the date on which these activities are due to commence;

b

“transferred operator application date” means—

i

where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

ii

where the relevant activities are due to commence during the scheme year 2016, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

iii

where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

iv

where the relevant activities are due to commence during the scheme years 2019 to 2023, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

c

“transferred operator cut-off date” means the date which is 6 months before the date on which the relevant activities are due to commence.