Commission Regulation (EU) No 394/2011Show full title

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/EC(1), and in particular Article 18a(3)(a) thereof,

Whereas:

(1) Directive 2008/101/EC of the European Parliament and of the Council(2) amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union.

(2) Commission Regulation (EC) No 748/2009(3) 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.

(3) 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.

(4) 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.

(5) 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 activities(4) 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 Agreement(5). 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.

(6) 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 Agreement(6).

(7) 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.

(8) Regulation (EC) No 748/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 275, 25.10.2003, p. 32.

(2)

OJ L 8, 13.1.2009, p. 3.

(3)

OJ L 219, 22.8.2009, p. 1.

(4)

OJ L 103, 23.4.2009, p. 10.

(5)

OJ L 62, 11.3.2010, p. 47.

(6)

OJ L 93, 7.4.2011, p. 35.