Article 12 Aircraft operator: change in regulator

(1)

This paragraph applies where—

(a)

an aircraft operator (“A”) does not have a registered office or a place of residence in the United Kingdom;

(b)

“B” is the regulator of A; and

(c)

a different regulator (“C”) is satisfied that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.

(2)

Where paragraph (1) applies, on or before 30th June 2025, C must give notice to—

(a)

(b)

B; and

(c)

the UK ETS authority,

that C is the regulator of A from the beginning of the 2026-2030 allocation period.

(3)

A notice under paragraph (2) must be accompanied by evidence demonstrating that the highest percentage of aviation emissions of A in the 2023 and 2024 scheme years is attributable to flights departing from aerodromes situated in the area of C.

(4)

In this article, “area” in relation to a regulator, means—

(a)

in respect of the Environment Agency, England;

(b)

in respect of the NRW, Wales;

(c)

in respect of the SEPA, Scotland;

(d)

in respect of the chief inspector, Northern Ireland.