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39.—(1) An aeroplane operator must regularly check whether the monitoring methodology applied can be improved.
(2) Where the verification report states outstanding non-conformities, the aeroplane operator must submit to the Regulator for approval a report on improvements by 30th June of the year in which that verification report is issued by the verification body. That report on improvements must describe how and when the aeroplane operator has rectified, or plans to rectify, the non-conformities identified by the verification body and to implement recommended improvements.
(3) The Regulator may set an alternative date for submission of the report on improvements as referred to in paragraph (2), but no later date than 30th September in the same year. Where applicable, such report on improvements may be combined with the report referred to in paragraph (2).
(4) Where recommended improvements would not lead to an improvement of the monitoring methodology, the aeroplane operator must provide a justification for why that is the case. Where the recommended improvements would incur unreasonable costs, the aeroplane operator must provide evidence of the unreasonable nature of the costs.
(5) Paragraphs (2) to (4) do not apply where an aeroplane operator has already resolved all non-conformities and recommendations for improvement and has submitted related modifications of the Emissions Monitoring Plan to the Regulator for approval in accordance with article 26 before the date set in paragraph (2), subject to the alternative date set in paragraph (3).
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