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The Greenhouse Gas Emissions Trading Scheme Order 2020

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Version Superseded: 15/12/2022

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[F1Processing of applications and calculation of aviation free allocation entitlementU.K.

This section has no associated Explanatory Memorandum

34M.(1) Where an application is made in accordance with article 34L, the regulator must submit to the UK ETS authority—

(a)the application and any related information the regulator holds; and

(b)a calculation of the applicant's aviation free allocation entitlement for each scheme year in the 2021-2025 allocation period, applying paragraphs (2) to (6).

(2) The number of allowances that make up an applicant's aviation free allocation entitlement for each scheme year in the 2021-2025 allocation period is 0.000642186914222035 multiplied by the applicant's historical aviation activity figure multiplied by the reduction factor for the scheme year.

(3) The applicant's “historical aviation activity figure” is the sum of all persons' historical aviation activity levels that are—

(a)attributable to the applicant immediately before 1st January 2021; and

(b)relied on for the purposes of the application.

(4) In determining whether and to what extent a person's historical aviation activity level is attributable to the applicant, it is permissible to have regard to whether the person's historical aviation activity level is relied on for the purposes of any other application under article 34L and, if so, to the information included in that application.

(5) For the purpose of this article, the reduction factor for a scheme year set out in column 1 of table B1 is the value set out in the corresponding entry in column 2.

Table B1
Column 1Scheme yearColumn 2Reduction factor
20210.978
20220.956
20230.934
20240.912
20250.89

(6) The result of each calculation referred to in paragraph (2) must be expressed as the nearest integer, taking 0.5 as nearest to the previous integer.

(7)  The UK ETS authority must—

(a)approve the applicant's aviation free allocation entitlement, making any corrections to the calculation referred to in paragraph (1)(b) that the UK ETS authority considers appropriate;

(b)inform the regulator accordingly.]

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