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19. (1) Where an aircraft operator fails to comply with regulation 17, the regulator must determine the aviation emissions of the aircraft operator that have not been reported in accordance with that regulation.
(2) Where the regulator is required to make a determination under paragraph (1) it—
(a)must, if an aircraft operator submits a report that complies with regulation 17 late but before the regulator makes a determination under paragraph (1), use the emissions reported for its determination;
(b)must, so far as possible, ensure that determination complies with the Monitoring and Reporting Decision and Annexes IV and V to the EU ETS Directive;
(c)must give notice of any determination under paragraph (1) to the aircraft operator; and
(d)may recover the cost of making that determination from the aircraft operator.
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