PART 3Aviation

CHAPTER 4Monitoring and reporting aviation emissions

F1Application for an emissions plan by a UK administered operator: F2post-2023 activities32B

1

This regulation applies—

a

to a UK administered operator (“C”) who commences only excluded aviation activities during the scheme years F32015 to 2023; and

b

where C carries out aviation activities after 31st December F42023 (“ F2post-2023 activities”).

2

Subject to paragraphs (3) to (7), C must apply to the regulator for a monitoring plan in respect of C’s F2post-2023 activities by a date which is no later than 4 months before the date on which C’s F2post-2023 activities are due to commence (“the application date”).

3

Where C is unable to foresee the date on which C is due to commence F2post-2023 activities, C must—

a

apply to the regulator for a monitoring plan in respect of C’s F2post-2023 activities without delay after C is aware that C will commence the F2post-2023 activities and in any event by a date no later than 6 weeks after the date on which the F2post-2023 activities commence; and

b

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

4

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

5

Where this paragraph applies, C must—

a

apply to the regulator for a monitoring plan in respect of C’s F2post-2023 activities without delay once information on C’s administering member State becomes available; and

b

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

6

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

7

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

8

In this regulation—

a

“transferred operator application date” means the last day of the 8 week period beginning with the date on which C becomes a UK administered operator; and

b

“transferred operator cut-off date” means the date which is 6 months before the F2post-2023 activities are due to commence.