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Regulation 2 InterpretationF1

In these Regulations—

  • “additional daily penalty” has the meaning given by regulation 21(1)(b);

  • “address” means, in relation to electronic communications, any number or address used for the purpose of such communication;

  • “affected party” has the meaning given by paragraph 8(a) of Schedule 2;

  • “aircraft operator” has the meaning given by regulation 3;

  • “allowance” means an allowance issued to aircraft operators under Article 3e of the EU ETS Directive;

  • “appeal body” has the meaning given by regulation 36(6);

  • “area”, in relation to a regulator, means—

    1. (a)

      in respect of the Environment Agency, England and Wales;

    2. (b)

      in respect of the Scottish Environment Protection Agency, Scotland;

    3. (c)

      in respect of the chief inspector, Northern Ireland;

  • “authority” has the meaning given by regulation 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);

  • “chief inspector” means the chief inspector constituted under regulation 8(3) of the Northern Ireland Regulations;

  • “Commission list” means the list of operators specified 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 M1, as amended from time to time;

  • “electronic communication” has the same meaning as in the Electronic Communications Act 2000 M2;

  • “emissions” means the release of greenhouse gases into the atmosphere;

  • “emissions plan” means a plan issued under regulation 15;

  • “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 M3, as amended from time to time;

  • “greenhouse gases” has the meaning given by Article 3(c) 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;

  • “interested party” has the meaning given by paragraph 8(b) of Schedule 2;

  • “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 M4, as amended from time to time;

  • “Northern Ireland Regulations” means the Pollution Prevention and Control Regulations (Northern Ireland) 2003 M5;

  • “Planning Appeals Commission” means the Planning Appeals Commission established under Article 110 of the Planning (Northern Ireland) Order 1991 M6;

  • “registered office” means the address that is required under section 86 of the Companies Act 2006 M7;

  • “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;

  • “trading period” means one of the following periods—

    1. (a)

      2012;

    2. (b)

      2013 to 2020; or

    3. (c)

      subsequent periods of eight calendar years;

  • “UK operator” means a person who is—

    1. (a)

      identified in the Commission list; and

    2. (b)

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

  • “UKAS” means the United Kingdom Accreditation Service M8.

Annotations

Textual amendments

F1

Regulations revoked (31.8.2010) by The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 (S.I. 2010/1996), regs. 1, 60 (with savings and transitional provisions in reg. 60(2)-(12))

Marginal citations

M1

OJ No L 219, 22.08.09, p.1.

M2

2000 c.7; the definition of electronic communication in section 15(1) was amended by the Communications Act 2003 (c. 21), section 406(1) and Schedule 17, paragraph 158.

M3

OJ No. L 275, 25.10.03, p.32. The Directive is amended by Directive 2004/101/EC, OJ No. L 338, 13.11.2004, p.18.

M4

OJ No. L 59, 26.02.04, p.1.

M5

S.R. (NI) 2003 No 46, amended by S.I. 2003/496, S.I. 2003/3311; there is another amending instrument which is not relevant.

M6

S.I. 1991/1220 (N.I.11); relevant amending instruments are S.I. 1999/660 (N.I.4), 2003/430 (N.I.8).

M7

2006 c..46.

M8

The United Kingdom Accreditation Service Limited (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.