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—

  1. a

     in respect of the Environment Agency, EnglandF4...;

  2. aa

     F5in respect of the NRBW, Wales;

  3. b

     in respect of SEPA, Scotland;

  4. c

     in respect of the chief inspector, Northern Ireland;

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

  1. a

     F6the Welsh Ministers, where P’s regulator is the NRBW;

  2. b

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

  3. c

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

  4. 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 F2, as amended from time to time;

• “emissions plan” means a plan issued under—

  1. a

     regulation 34(1)(a);

  2. b

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

  3. c

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

• F7“Eurocontrol” means the European organisation for air safety navigation;

• “excluded aviation activity” means—

  1. a

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

     1. i

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

     2. ii

        an outermost region flight;

  2. b

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

     1. i

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

     2. ii

        an outermost region flight;

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

• “member State” includes an EEA state;

• F8“non-UK operator” has the meaning given in regulation 24(2);

• “outermost region” means—

  1. a

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

  2. 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—

  1. a

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

     1. i

        a different outermost region;

     2. ii

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

     3. iii

        Croatia;

  2. b

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

     1. i

        a different outermost region; or

     2. 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 F3;

• 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—

  1. a

     identified in the Commission list, and

  2. b

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

• “unlisted operator” means a person who is—

  1. a

     not identified in the Commission list, and

  2. b

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