The Greenhouse Gas Emissions Trading Scheme Regulations 2012

Application for an emissions plan by a UK administered operatorU.K.

This section has no associated Explanatory Memorandum

32.—[F1(1) Subject to paragraphs (3), (4), (6) and (7), a UK administered operator (“A”) must apply to the regulator for a monitoring plan where required by Article 51(1) and within the period of time required by that Article.]

(2) That application must contain a [F2draft] plan to monitor A's aviation emissions (together with supporting documents) submitted under Article 12(1).

(3) If A has previously been issued with an emissions plan—

(a)an application under paragraph (1) may not be made without the agreement of the regulator; and

(b)any plan issued under regulation 34(1)(a) replaces the plan that has previously been issued.

(4) Where an application is made by virtue of the second or third sub-paragraphs of Article 51(1), the application must include a satisfactory explanation of why it could not have been made earlier.

(5) Without prejudice to paragraph (1), a UK administered operator who has not previously been issued with an emissions plan may make an application in accordance with paragraph (2) at any time.

(6) If A is a transferred operator within regulation 24(1)(a), and has previously applied to another member State for a monitoring plan in accordance with Article 51(1)—

(a)this regulation applies to A as it applies to a UK administered operator who is not a transferred operator; but

(b)the application to the regulator may be made within the period of 8 weeks beginning with the date on which A became a UK administered operator.

[F3(7) This regulation does not apply to a UK administered operator who commences aviation activities during the scheme years [F42015 to 2023].]

Textual Amendments