OpenLegislation

Article 15 Approval of modifications of the monitoring plan

United Kingdom

Original text. Later amendments are not shown.

1.

The operator or aircraft operator shall notify the competent authority of any proposals for modification of the monitoring plan without undue delay.

However, the competent authority may allow the operator or aircraft operator to notify modifications of the monitoring plan that are not significant within the meaning of paragraphs 3 and 4 by 31 December of the same year.

2.

Any significant modification of the monitoring plan within the meaning of paragraphs 3 and 4 shall be subject to approval by the competent authority.

Where the competent authority considers a modification not to be significant, it shall inform the operator or aircraft operator thereof without undue delay.

3.

Significant modifications to the monitoring plan of an installation include:

(a)

changes to the category of the installation where such changes require a change to the monitoring methodology or lead to a change of the applicable materiality level pursuant to Article 23 of Implementing Regulation (EU) 2018/2067;

(b)

notwithstanding Article 47(8), changes regarding whether the installation is considered an ‘installation with low emissions’;

(c)

changes to emission sources;

(d)

a change from calculation-based to measurement-based methodologies, or vice versa, or from a fall-back methodology to a tier-based methodology for determining emissions or vice versa;

(e)

a change in the tier applied;

(f)

the introduction of new source streams;

(g)

a change in the categorisation of source streams – between major, minor or de-minimis source streams where such a change requires a change to the monitoring methodology;

(h)

a change to the default value for a calculation factor, where the value is to be laid down in the monitoring plan;

(i)

the introduction of new methods or changes to existing methods related to sampling, analysis or calibration, where this has a direct impact on the accuracy of emissions data;

(j)

the implementation or adaption of a quantification methodology for emissions from leakage at storage sites.

4.

Significant changes to the monitoring plans of an aircraft operator include:

(a)

with regard to the emission monitoring plan:

  1. (i)

    a change of emission factor values laid down in the monitoring plan;

  2. (ii)

    a change between calculation methods as laid down in Annex III, or a change from the use of a calculation method to the use of estimation methodology in accordance with Article 55(2) or vice versa;

  3. (iii)

    the introduction of new source streams;

  4. (iv)

    changes in the status of the aircraft operator as a small emitter within the meaning of Article 55(1) or with regard to one of the thresholds provided by Article 28a(6) of Directive 2003/87/EC;

(b)

with regard to the tonne-kilometre data monitoring plan:

  1. (i)

    a change between a non-commercial and commercial status of the air transport service provided;

  2. (ii)

    a change in the object of the air transport service, the object being passengers, freight or mail.