Commission Regulation (EU) No 394/2011
of 20 April 2011
amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator as regards the expansion of the Union emission trading scheme to EEA-EFTA countries
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC1, and in particular Article 18a(3)(a) thereof,
Whereas:
Directive 2008/101/EC of the European Parliament and of the Council2 amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union.
Commission Regulation (EC) No 748/20093 establishes a list of aircraft operators which had performed an aviation activity within the meaning of Annex I to Directive 2003/87/EC on or after 1 January 2006.
The list aims to reduce the administrative burden on aircraft operators by providing information on which Member State will be regulating a particular aircraft operator.
The inclusion in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out in Annex I to Directive 2003/87/EC and is not dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of the Directive.
Commission Decision 2009/339/EC of 16 April 2009 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities4 was incorporated into the Agreement on the European Economic Area on 4 December 2009 by Decision of the EEA Joint Committee No 148/2009 amending Annex XX (Environment) to the EEA Agreement5. This was to ensure the timely start of monitoring by aircraft operators of aviation activities performed either within EEA-EFTA countries, between EEA-EFTA countries, or between EEA-EFTA countries and third countries outside the EEA.
Directive 2008/101/EC was incorporated into the Agreement on the European Economic Area by Decision of the EEA Joint Committee No 6/2011 of 1 April 2011, amending Annex XX (Environment) to the EEA Agreement6.
The extension of the aviation provisions of the Union emission trading scheme to EEA-EFTA countries implies that the criteria set under Article 18a(1) of Directive 2003/87/EC to determine an aircraft operator’s administering Member State must be taken into account. Thus, certain aircraft operators should be allocated to the EEA-EFTA countries for administration.
Regulation (EC) No 748/2009 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: