Article 12 Aircraft operator: change in regulatorI1

United Kingdom

(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 F11st January 2026.

(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.

Annotations

Textual amendments

F1: Words in art. 12(2) substituted (31.3.2025) by The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2025 (S.I. 2025/124), arts. 2, 14(2)

Commencement

I1: Art. 12 in force at 12.11.2020, see art. 2(1)