The Greenhouse Gas Emissions Trading Scheme Regulations 2012

CHAPTER 1 U.K. General

Interpretation U.K.

20.  In this Part (and in Schedules 7 to 10)—

“the 2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 F1 ;

“area”, in relation to a regulator, means—

(a)

in respect of the Environment Agency, EnglandF2 ...;

(aa)

[F3 in respect of the NRBW, Wales;]

(b)

in respect of SEPA, Scotland;

(c)

in respect of the chief inspector, Northern Ireland;

“authority”, in relation to a UK administered operator (“P”) means—

(a)

[F4 the Welsh Ministers, where P’s regulator is the NRBW;]

(b)

the Scottish Ministers, where P's regulator is SEPA;

(c)

the Department of the Environment in Northern Ireland, where P's regulator is the chief inspector;

(d)

otherwise, the Secretary of State;

“benchmarking plan” has the meaning given by paragraph 2 of Schedule 7;

“benchmarking year”, in relation to a trading period, means the calendar year ending 24 months before the beginning of the period;

“Commission list” means the list of operators set out in Commission Regulation (EC) No 748/2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator F5 , as amended from time to time;

“emissions plan” means a plan issued under—

(a)

regulation 34(1)(a);

(b)

regulation 19(1)(a) of the 2010 Regulations; or

(c)

regulation 15(1)(a) of the 2009 Regulations;

[F6 “Eurocontrol” means the European organisation for air safety navigation;

“excluded aviation activity” means—

(a)

in respect of the scheme year 2013, an activity consisting in—

(i)

a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state or Croatia; or

(ii)

an outermost region flight;

(b)

in respect of any other scheme year, an activity consisting in—

(i)

a flight departing from, or arriving in, an aerodrome situated in any country other than an EEA state; or

(ii)

an outermost region flight;

“excluded aviation emissions” means aviation emissions arising from an excluded aviation activity;]

“member State” includes an EEA state;

[F7 “non-UK operator” has the meaning given in regulation 24(2);

“outermost region” means—

(a)

in respect of the scheme year 2013, the Canary Islands, French Guiana, Guadeloupe, Martinique, Réunion, Saint-Martin, the Azores, or Madeira;

(b)

in respect of any other scheme year, the Canary Islands, French Guiana, Guadeloupe, Martinique, Mayotte, Réunion, Saint-Martin, the Azores, or Madeira;

“outermost region flight” means—

(a)

in respect of the scheme year 2013, a flight between an aerodrome located in an outermost region and an aerodrome located in—

(i)

a different outermost region;

(ii)

an area of an EEA state which is not an outermost region; or

(iii)

Croatia;

(b)

in respect of any other scheme year, a flight between an aerodrome located in an outermost region and an aerodrome located in—

(i)

a different outermost region; or

(ii)

an area of an EEA state which is not an outermost region;]

“registered office” (except in Schedule 9) means the registered office in the United Kingdom that a company is required to have under section 86 of the Companies Act 2006 F8 ;

[F9 “Small Emitters Tool Regulation” means Commission Regulation (EU) No 606/2010 on the approval of a simplified tool developed by the European organisation for air safety navigation (Eurocontrol) to estimate the fuel consumption of certain small emitting aircraft operators, as amended from time to time;]

“tonne-kilometre” and “tonne-kilometre data” have the same meaning as in the Monitoring and Reporting Regulation;

“UK administered operator” means (subject to regulations 22 to 25) a person who is—

(a)

identified in the Commission list, and

(b)

specified in that list as an aircraft operator to be administered by the United Kingdom;

“unlisted operator” means a person who is—

(a)

not identified in the Commission list, and

(b)

the user or owner of an aircraft used to perform an aviation activity.

Textual Amendments

F1 S.I. 2009/2301; revoked with savings etc. by S.I. 2010/1996.

F2 Words in reg. 20 omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(a) (with Sch. 7)

F3 Words in reg. 20 inserted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(2)(b) (with Sch. 7)

F4 Words in reg. 20 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 420(3) (with Sch. 7)

F5 OJ No L 219, 22.8.2009, p 1; amended by Commission Regulations (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12), No 115/2011 (OJ No L 39, 12.2.2011, p 1), No 394/2011 (OJ No L 107, 27.4.2011, p 1) and No 100/2012 (OJ No L 39, 11.2.2012, p 1).

F6 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(a)

F7 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(b)

F8 2006 c. 46.

F9 Words in reg. 20 inserted (22.12.2014) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2014 (S.I. 2014/3125), regs. 1(1), 4(c)

Civil Aviation Authority U.K.

21.—(1) The Civil Aviation Authority must provide such assistance and advice as the regulator may require in connection with any of the regulator's functions under this Part (including Schedules 7 to 10) or under regulation 44.

(2) The Civil Aviation Authority is entitled to recover from the regulator a sum equal to any expense reasonably incurred by it in providing the regulator with assistance or advice under paragraph (1).