Amendment of regulation 4418
1
Regulation 44 is amended as follows.
2
In paragraph (1)—
a
in the words before sub-paragraph (a), after “Regulation”, insert “2018”.
b
after sub-paragraph (b), insert “or”;
c
omit sub-paragraph (c).
3
In paragraph (4)(b), before “is to be treated”, insert “except where paragraph (5B) applies to that determination,”.
4
In paragraph (5)—
a
in the words before sub-paragraph (a), after “(4)”, insert “or under paragraph (5C)(a);
b
in sub-paragraph (a), for “excluded” substitute “Article 27”;
c
in sub-paragraph (b), after “Regulation”, insert “2018”.
5
After paragraph (5), insert—
5A
Paragraph (5B) applies where –
a
a determination of emissions has been notified to the operator or UK aircraft operator under paragraph (4); and
b
the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination.
5B
The regulator must withdraw the determination and make a further determination of emissions (the “rectified determination”).
5C
A rectified determination—
a
must be notified to the operator or UK aircraft operator concerned; and
b
is to be treated as determining all of the reportable emissions from the installation (or of the UK aircraft operator) for the period to which the determination relates.
5D
Where—
a
any rectified determination is notified to the operator or UK aircraft operator concerned; and
b
the regulator is satisfied that there is a defect in the estimate of the reportable emissions in that determination,
the regulator must withdraw the rectified determination and make one or more further rectified determinations.
6
In paragraph (6), after “Regulation”, insert “2018”.