The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

CHAPTER 2U.K.Aeroplane operator’s change in circumstances

Change in aeroplane operator’s attribution to a StateU.K.

16.—(1) Where—

(a)an aeroplane operator changes its ICAO Designator, [F1Air Operator Certificate] or equivalent, or place of its registered office, and is subsequently attributed to a new State in accordance with paragraph 1.2 of Chapter 1, Part II, Volume IV of Annex 16 to the Chicago Convention, but

(b)that aeroplane operator is not establishing a new entity or a subsidiary,

this new State must become the State to which the aeroplane operator fulfils its requirements under Volume IV of Annex 16 to the Chicago Convention from the start of the next compliance period.

(2) The aeroplane operator must notify the Regulator of any change described in paragraph (1) within 3 months of the change taking effect.

(3) An aeroplane operator with a wholly owned subsidiary aeroplane operator that has its registered office in the United Kingdom [F2may] be treated as a single consolidated aeroplane operator liable for compliance with the requirements of Volume IV of Annex 16 to the Chicago Convention, subject to the approval of the Regulator. Evidence must be provided in the aeroplane operator’s Emissions Monitoring Plan to demonstrate that the subsidiary aeroplane operator is wholly owned.

Change in aeroplane operator’s registered office within the United KingdomU.K.

17.—(1) Where—

(a)an aeroplane operator attributed to the United Kingdom under article 8(1) with a registered office or place of residence in the area of a Regulator, in a scheme year, changes the address of its registered office or place of residence to the area of a different Regulator (“R”), and

(b)that aeroplane operator’s registered office or place of residence is in the area of R at the end of the scheme year,

R is the Regulator of that aeroplane operator from the beginning of the next compliance period.

(2) Where—

(a)an aeroplane operator which did not have a registered office or place of residence in the United Kingdom at the beginning of a scheme year acquires a registered office or place or residence in the United Kingdom in the course of that period, and

(b)at the end of that scheme year that registered office or place of residence is in the area of a Regulator (“S”),

S is the Regulator of that aeroplane operator from the beginning of the next compliance period.

(3) The aeroplane operator must notify the Regulator of any change described in paragraphs (1) and (2) within 3 months of the change taking effect.

(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, and

(d)in respect of the chief inspector, Northern Ireland.