Textual Amendments
F1Pt. 4A inserted (31.12.2020) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2020 (S.I. 2020/1557), arts. 2(1), 18
34I.—(1) In this Chapter—
“Annex 1 activities” means activities listed under “Aviation” in Annex 1 to the Directive;
“attributable” must be construed in accordance with article 34J(4);
“aviation free allocation entitlement” must be construed in accordance with article 34K;
“business reorganisation” must be construed in accordance with paragraph (2);
“historical aviation activity level” has the meaning given in article 34J;
“special reserve application” means an application for a free allocation of allowances under the EU ETS from the special reserve referred to in Article 3f of the Directive;
“tonne-kilometre” has the meaning given in Article 3(3) of the Monitoring and Reporting Regulation 2018;
“transferor”, “transferee” and “relevant transferee” must be construed in accordance with paragraph (2).
(2) For the purposes of this Chapter—
(a)where a part of a person's business responsible for performing an aviation activity has been transferred to another person, the person has been subject to a “business reorganisation” that affects the aviation activity; and, in relation to the aviation activity, the first person is the “transferor” and the second person is a “transferee”;
(b)where there has been a business reorganisation affecting an aviation activity, a transferee is the “relevant transferee” in relation to that aviation activity where the transferee has not been subject to a further business reorganisation affecting the aviation activity.]