F1PART 4AFree Allocation

Annotations:
Amendments (Textual)

CHAPTER 2Aviation

Interpretation34I

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.