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The Greenhouse Gas Emissions Trading Scheme Regulations 2012

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[F1Application for an emissions plan by a UK administered operator: [F2activities during 2015 to 2023] U.K.

This section has no associated Explanatory Memorandum

32A.—(1) This regulation applies to a UK administered operator (“B”) who commences aviation activities other than excluded aviation activities during [F3the scheme years 2015 to 2023 (“the relevant activities”)].

(2) Subject to paragraphs (3) to (7), B must apply to the regulator for a monitoring plan by the application date.

[F4(3) Where B is unable to foresee the date on which B is due to commence the relevant activities, B must—

(a)where the relevant activities are due to commence during the scheme years 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence these activities and in any event by the later of 6 weeks after 31st March 2018 or 6 weeks after the date on which the relevant activities commence;

(b)where the relevant activities are due to commence during a scheme year other than 2017 or 2018, apply to the regulator for a monitoring plan without delay after B is aware that B will commence the relevant activities and in any event by a date no later than 6 weeks after the date on which the relevant activities commence; and

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

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

(5) Where this paragraph applies B must—

(a)apply to the regulator for a monitoring plan [F5in respect of the relevant activities], without delay once information on B’s administering member State becomes available; and

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

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

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

[F6(8) In this regulation—

(a)“application date” means—

(i)where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the date which is 4 months before the date on which the 2015 activities are due to commence;

(ii)where the relevant activities are due to commence during the scheme year 2016, the date which is 4 months before the date on which the 2016 activities are due to commence;

(iii)where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the date which is 4 months before the date on which these activities are due to commence; and

(iv)where the relevant activities are due to commence during the scheme years 2019 to 2023, the date which is 4 months before the date on which these activities are due to commence;

(b)“transferred operator application date” means—

(i)where the relevant activities are due to commence during the scheme year 2015, the later of 31st January 2015 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

(ii)where the relevant activities are due to commence during the scheme year 2016, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator;

(iii)where the relevant activities are due to commence during the scheme years 2017 or 2018, the later of 30th April 2018 or the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

(iv)where the relevant activities are due to commence during the scheme years 2019 to 2023, the last day of the 8 week period beginning with the date on which B becomes a UK administered operator; and

(c)“transferred operator cut-off date” means the date which is 6 months before the date on which the relevant activities are due to commence.]]

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