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PART 3Application to the special reserve

Application to the regulator

16.—(1) The eligible UK operator must apply to the regulator by 30th June in the third year of a trading period.

(2) That application must—

(a)contain evidence of eligibility under regulation 15;

(b)contain tonne-kilometre data for the second year of that trading period that—

(i)complies with the Monitoring and Reporting Decision and Annex IV to the EU ETS Directive; and

(ii)is verified by an independent verifier in accordance with the Monitoring and Reporting Decision and Annex V to the EU ETS Directive;

(c)where the applicant is eligible under regulation 15(1)(b), state—

(i)the percentage increase in its tonne-kilometres from the benchmarking year to the second calendar year in the trading period;

(ii)the increase in its tonne-kilometres from the benchmarking year to the second calendar year in the trading period; and

(iii)the amount in tonne-kilometres by which the aircraft operator exceeds the percentage in regulation 15(1)(b) in the second calendar year in the trading period; and

(d)contain a fee in accordance with Schedule 1.