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The Greenhouse Gas Emissions Trading Scheme Order 2020
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[F1Meaning of historical aviation activity level and attributableU.K.
This section has no associated Explanatory Memorandum
34J.—(1) A person's historical aviation activity level is—
(a)the number of tonne-kilometres of aviation activity performed by the person in 2010;
(b)in the case of a person who fell within Article 3f(1)(a) of the Directive and made a successful special reserve application, the number of tonne-kilometres of aviation activity performed by the person in 2014; or
(c)in the case of a person who fell within Article 3f(1)(b) of the Directive and made a successful special reserve application, the sum of—
(i)the number of tonne-kilometres of aviation activity performed by the person in 2010; and
(ii)the person's aviation activity ratio multiplied by the difference between [F2the number of tonne-kilometres of Annex 1 activities performed by the person in 2014] and the person's threshold figure.
(2) In this article, a person's—
F3...
F3...
[F4“aviation activity ratio” means the number of tonne-kilometres of aviation activity performed by the person in 2014 divided by the number of tonne-kilometres of Annex 1 activities performed by the person in 2014;]
“threshold figure” means the number of tonne-kilometres of Annex 1 activities performed by the person in 2010 multiplied by 1.93877776.
(3) A tonne-kilometre of aviation activity or Annex 1 activities performed by a person in 2014 is not to be counted in a total for the purposes of this article if it would have been excluded by the words following point (b) in Article 3f(1) of the Directive (exclusion where activity a continuation of activity performed by another) from forming the basis of an application for free allocation of allowances under the EU ETS.
(4) A person's historical aviation activity level is “attributable” to a person (“A”) for the purposes of this Chapter if and to the extent that—
(a)there has been no business reorganisation affecting aviation activity relevant to the historical aviation activity level and A is the person who performed that aviation activity; or
(b)there has been a business reorganisation affecting aviation activity relevant to the historical aviation activity level and in relation to that aviation activity A is the relevant transferee.]
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
F2Words in art. 34J(1)(c)(ii) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 15(2)
F3Words in art. 34J(2) omitted (7.2.2022) by virtue of The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 15(3)(a)
F4Words in art. 34J(2) substituted (7.2.2022) by The Greenhouse Gas Emissions Trading Scheme (Amendment) Order 2021 (S.I. 2021/1455), arts. 2, 15(3)(b)
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