PART 3 U.K. Aviation

CHAPTER 4 U.K. Monitoring and reporting aviation emissions

[F1 Application for an emissions plan by a UK administered operator: [F2 post-2023] activities U.K.

32B.— (1) This regulation applies—

(a) to a UK administered operator (“C”) who commences only excluded aviation activities during the scheme years [F3 2015 to 2023]; and

(b) where C carries out aviation activities after 31st December [F4 2023] (“ [F2 post-2023] activities”).

(2) Subject to paragraphs (3) to (7), C must apply to the regulator for a monitoring plan in respect of C’s [F2 post-2023] activities by a date which is no later than 4 months before the date on which C’s [F2 post-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 [F2 post-2023] activities, C must—

(a) apply to the regulator for a monitoring plan in respect of C’s [F2 post-2023] activities without delay after C is aware that C will commence the [F2 post-2023] activities and in any event by a date no later than 6 weeks after the date on which the [F2 post-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 [F2 post-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 [F2 post-2023] activities are due to commence.]

Textual Amendments

F1 Regs. 32A-32C inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 6

F2 Word in reg. 32B substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(4)(a)

F3 Words in reg. 32B(1)(a) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(4)(b)

F4 Word in reg. 32B(1)(b) substituted (31.3.2018) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018 (S.I. 2018/306), regs. 1, 2(4)(c)