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2. In these Regulations—
“2009 Regulations” means the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009(1);
“additional daily penalty” has the meaning given by regulation 30(1)(b);
“address” means, in relation to electronic communications, any number or address used for the purpose of such communication;
“aerodrome operator” has the meaning given by regulation 48(b);
“aircraft operator” has the meaning given by regulation 3;
“allowance” has the meaning given by Article 3 of the EU ETS Directive;
“appeal body” has the meaning given by regulation 52(9);
“area”, in relation to a regulator, means—
in respect of the Environment Agency, England and Wales;
in respect of the Scottish Environment Protection Agency, Scotland;
in respect of the chief inspector, Northern Ireland;
“authority” has the meaning given by regulations 7 and 51(7);
“aviation activity” means the category of aviation activity listed in Annex I to the EU ETS Directive, but with the reference to 1st January 2012 omitted;
“aviation emissions” means emissions from an aviation activity;
“benchmarking plan” means a plan issued under—
regulation 10(1)(a); or
regulation 10(1)(a) of the 2009 Regulations;
“benchmarking year” means—
for the trading period 2013 to 2020, 2010; and
for subsequent trading periods of eight calendar years, the calendar year ending 24 months before the beginning of the period;
“chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;
“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(2), as amended from time to time;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000(3);
“eligible UK operator” has the meaning given by regulation 15;
“emissions” means the release of greenhouse gases into the atmosphere;
“emissions plan” means a plan issued under—
regulation 19(1)(a); or
regulation 15(1)(a) of the 2009 Regulations;
“EU ETS Directive” means Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emissions allowance trading within the Community and amending Council Directive 96/61/EC(4), as amended from time to time;
“greenhouse gases” has the meaning given by Article 3 of the EU ETS Directive;
“independent verifier” means a person or body accredited or endorsed by UKAS to carry out the verification requirements of Article 15 of the EU ETS Directive;
“Monitoring and Reporting Decision” means Commission Decision 2007/589/EC establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council(5), as amended from time to time;
“Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003(6);
“Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991(7);
“registered office” (except in Schedule 6) means the registered office in the United Kingdom that is required under section 86 of the Companies Act 2006(8);
“regulator” has the meaning given by regulations 4, 5 and 6;
“tonne-kilometre data” has the meaning given by Part B of Annex IV to the EU ETS Directive;
“tonne-kilometres” has the meaning given by Part B of Annex IV to the EU ETS Directive;
“trading period” means one of the following periods—
2013 to 2020; or
subsequent periods of eight calendar years;
“UK operator” means a person who is—
identified in the Commission list; and
specified in that list as an operator to be administered by the United Kingdom;
“UKAS” means the United Kingdom Accreditation Service(9).
OJ No L 219, 22.8.2009, p 1; the Regulation is amended by Commission Regulation (EU) No 82/2010 (OJ No L 25, 29.1.2010, p 12).
OJ No L 275, 25.10.03, p 32. The Directive is amended by European Parliament and Council Directives 2004/101/EC (OJ No. L 338, 13.11.2004, p 18), 2008/101/EC (OJ No L 8, 13.1.2009, p 3) and 2009/29/EC (OJ No L 140, 5.6.2009, p 63), and by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ No L 87, 31.3.2009, p 109).
OJ No. L 229, 31.8.2007, p.1; the Decision is amended as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities by Commission Decision 2009/339/EC (OJ No L 103, 23.4.2009, p. 10).
The United Kingdom Accreditation Service (company number 03076190) is a company limited by guarantee and which operates under a memorandum of understanding made on 1st August 1995 between it and the then Secretary of State for Trade and Industry.
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