The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

Amendment of regulation 20

9.  In regulation 20—

(a) before the definition of “the 2009 Regulations”, for “Schedules 7 to 10” substitute “Schedule 9”;

(b) after the definition of “the 2009 Regulations” insert—

““aircraft operator” means the person who operates an aircraft at the time it performs an aviation activity or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft;”;

(c) omit the definitions of “benchmarking plan” and “benchmarking year”;

(d) in the definition of “Commission list”, for “as amended from time to time” substitute “as it had effect immediately before exit day”;

(e) in the definition of “excluded aviation activity”, in paragraph (b)(i), after “EEA state” insert “, the United Kingdom or Gibraltar”;

(f) omit the definition of “non-UK operator”;

(g) after the definition of “excluded aviation emissions” insert—

““ICAO” means The International Civil Aviation Organisation;

“Notifying State” means a State that has submitted to ICAO a request for the registration of, or change in, the ICAO three-letter designator of an aircraft operator over which that State has jurisdiction;”;

(h) in the definition of “outermost region flight”, in paragraph (b)—

(i) at the end of sub-paragraph (i) omit “or”;

(ii) at the end of sub-paragraph (ii), insert “or”;

(iii) after sub-paragraph (ii), insert—

“(iii) the United Kingdom or Gibraltar;”;

(i) for the definition of “UK administered operator” substitute—

““UK administered operator” means—

(a)

in respect of any period before exit day, a person who was, subject to regulations 22 to 25—

(i)

identified in the Commission list, and

(ii)

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

(b)

in respect of any period on or after exit day, a person who—

(i)

immediately before exit day was—

(aa)

identified in the Commission list; and

(bb)

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

(cc)

has its registered office, or is resident, in the United Kingdom; or

(ii)

where sub-paragraph (i) does not apply, is an aircraft operator which—

(aa)

has an ICAO three-letter designator in respect of which the United Kingdom is the Notifying State, as listed in the ICAO document 8585/185 titled Designators for Aircraft Operating Agencies, Aeronautical Authorities and Services(1); or

(bb)

has no ICAO three-letter designator, but holds an air operator certificate granted by the United Kingdom Civil Aviation Authority (“UK AOC”); or

(cc)

has no ICAO three-letter designator or UK AOC, but has its registered office, or is resident, in the United Kingdom;”.

(1)

ICAO document 8585/185, Designators for Aircraft Operating Agencies, Aeronautical Authorities and Services. Available at: https://store.icao.int/designators-for-aircraft-operating-agencies-aeronautical-authorities-and-services-doc-8585-185-multilingual.html. Copy available for inspection at the Department for Business, Energy & Industrial Strategy, 1 Victoria Street, London SW1H 0ET.