Scheme for Aviation Regulations, 2010

L.N. 445 of 2010

ENVIRONMENT PROTECTION ACT

(CAP. 435)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

European Community Greenhouse Gas Emissions Trading

Scheme for Aviation Regulations, 2010

IN exercise of the powers conferred by article 9

of the Environment Protection Act and by article 28 of the Malta

Resources Authority Act the Prime Minister and the Minister for

Resources and Rural Affairs, after consultation with the Malta

Resources Authority, have made the following regulations

(1) The title of these regulations is the European

Community Greenhouse Gas Emissions Trading Scheme for

Aviation Regulations, 2010.

(2) These regulations provide for the implementation in

Malta of a scheme for greenhouse gas emissions allowance trading

within the Community for aircraft operators. These regulations also

transpose Directive 2008/101/EC amending Directive 2003/87/EC

so as to include aviation activities in the scheme for greenhouse

gas emission allowance trading within the Community.

(3) These regulations shall come into force on the

28th September 2010, with the exception of regulations 5, 8, 12,

13 and 14 which shall come into force on such date as the Minister

responsible for the environment and the Minister responsible for

resources may establish by notice in the Gazette.

For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

“the Authority” means the Malta Resources Authority;

“aircraft operator” means the person who operates an

aircraft at the time it performs an aviation activity listed in

Schedule 1 or, where that person is not known or is not

identified by the owner of the aircraft, the owner of the

aircraft;

“allowance” means an allowance to emit one tonne

of carbon dioxide equivalent during a specified period,

which shall be valid only for the purposes of meeting the

requirements of these regulations and shall be transferable in

accordance with the provisions of these regulations;

“Annex I Party” means a country listed in Annex I

to the United Nations Framework Convention on Climate

Change (UNFCCC) that has ratified the Kyoto Protocol to the

UNFCCC as specified in Article 1(7) of the Kyoto Protocol;

“base year” means, for the purposes of paragraph (b) of

regulation 3 hereof, in relation to an aircraft operator which

started operating in the Community after the 1st January 2006,

the first calendar year of operation, and in all other cases, the

calendar year starting on 1st January 2006;

“cancellation” means the cancellation of allowances and

other units which

(a) are surrendered by such aircraft operator in

pursuance of regulation 12 of these regulations;

(b) are cancelled at the end of the trading period

in pursuance of regulation 8 of these regulations; or

(c) shall be cancelled at the voluntary request of

the aircraft operator holding allowances in pursuance of

regulation 8 hereof;

“certified emission reduction” or “CER” means a unit

issued pursuant to Article 12 of the Kyoto Protocol and the

decisions adopted pursuant to the UNFCCC or the Kyoto

Protocol;

“commercial air transport operator” means an operator

that provides scheduled or non-scheduled air transport

services to the public for the carriage of passengers, freight or

mail against economic consideration;

“the Commission” means the European Commission;

“the Community” means the European Community

as established by the Treaty establishing the European

Community;

“Community registry” means the registry established

and maintained in accordance with Article 19 of Directive

2003/87/EC as amended by Directive 2009/29/EC for

the execution of processes pertaining to the maintenance

of holding accounts and the allocation, surrender and

cancellation of allowances;

“confidential information” means any non-public

information deemed to be sensitive by the operator and, or any

privileged information falling within the scope of regulation

16 of these regulations, disclosed only for promoting and

elaborating certain purposes. It shall include inter alia

(a)

trade secrets;

(b) any other information having a commercial

value that would be, or could reasonably be expected

to be, destroyed or diminished if the information were

disclosed; or

(c) information other than trade secrets or

information under paragraph (b) concerning a person,

organisation or undertaking in respect of their business,

professional, commercial or financial affairs;

“emissions” means the release of greenhouse gases

into the atmosphere from an aircraft performing an aviation

activity listed in Schedule 1 to these regulations, as specified

in respect of that activity;

“emissions reduction unit” or “ERU” means a unit

issued pursuant to Article 6 of the Kyoto Protocol and the

decisions adopted pursuant to the UNFCCC or the Kyoto

Protocol;

“greenhouse gases” means the gases listed in Schedule 2

to these regulations;

“Kyoto Protocol” means the Kyoto Protocol to the

UNFCCC;

“Member State” means a state which is a member of the

European Union;

“person” means any natural or legal person;

“project activity” means a project activity approved by

one or more Annex I Parties to the UNFCCC in accordance

with Article 6 or Article 12 of the Kyoto Protocol and the

decisions adopted pursuant to the UNFCCC or the Kyoto

Protocol;

“the public” means one or more persons and

associations, organisations or groups of persons;

“surrender” means the surrender by an aircraft operator

of allowances and other units each year, to account for

emissions as reported in pursuance of regulation 10 of these

regulations in respect of the previous calendar year;

“trading period” means the period beginning from 1st

January 2012 up to 31st December, 2012, the eight-year

period beginning 1st January, 2013 and the subsequent eight-

year period thereafter;

“transfer of allowances” means any transfer of

allowances allocated by the Authority to aircraft operators

performing aviation activities falling within the scope of these

regulations;

“the Treaty” means the Treaty establishing the European

Community;

“verifier” means a competent, independent, accredited

verification body or person with responsibility for performing

and reporting on the verification process in respect of aviation

activities listed in Schedule 1 to these regulations and in

accordance with Directive 2003/87/EC, these regulations and

any other requirements made by the Authority.

These regulations shall apply to aircraft operators Applicability.

performing aviation activities resulting in emissions of greenhouse

gases specified in respect of those activities as listed in Schedule 1

to these regulations, and

(a) who have a valid operating licence granted by

Malta in accordance with the provisions of Regulation (EC)

No 1008/2008 on common rules for the operation of air

services in the Community; or

(b) for whom Malta being the Member State with

the greatest estimated attributed aviation emissions from

aviation activities as listed in Schedule 1 to these regulations

performed in the base year by those aircraft operators, has

been designated as the administering Member State either in

the Commission list published in pursuance of Article 18a(3)

of Directive 2003/87/EC as amended by Directive 2008/101/

EC, or any other measure taken by the Commission or by the

Authority pursuant to Directive 2003/87/EC as amended by

Directive 2008/101/EC.

(1) For each trading period, an aircraft operator may

apply for an allocation of allowances that are to be allocated free

of charge.

(2) An application made by an aircraft operator

pursuant to sub-regulation (1) of this regulation may be made

by submitting to the Authority verified tonne-kilometre data for

the aviation activities listed in Schedule 1 to these regulations

performed by that aircraft operator for the monitoring year. For

the purposes of this regulation

(a) the monitoring year for the period from 1st

January, 2012 to 31st December, 2013 shall be 2010;

(b) the monitoring year for the period beginning 1st

January, 2013 shall be 2010; and

(c) the monitoring year for subsequent periods shall

be the calendar year ending 24 months before the start of the

period to which the application relates.

(3) An application made in terms of sub-regulation (1)

of this regulation shall be submitted to the Authority

(a) in relation to the period from 1st January 2012 to

31st December, 2012, by the 31st March, 2011;

(b) in relation to the period beginning 1st January,

2013, by 31st March, 2011;

(c) in relation to subsequent periods, by at least 21

months before the start of the period to which the application

relates.

(4) The Authority shall submit to the Commission

any application received pursuant to sub-regulation (1) of this

regulation, if it is satisfied that the application is in accordance with

the provisions of these regulations and that the aircraft operator

who submitted the application has complied with regulations 6 and

7 of these regulations.

(5) The Authority shall submit to the Commission any

application pursuant to sub-regulation (4) of this regulation

(a) in relation to the period from 1st January 2012 to

the 31st December, 2013, by 30th June, 2011;

(b) in relation to the period beginning 1st January,

2013, by 30th June, 2011;

(c) in relation to subsequent periods, by at least 18

months before the start of the period to which the application

relates.

(6) Pursuant to a decision adopted by the Commission

setting out the benchmark for a period to be used to allocate

allowances free of charge to aircraft operators for the period to

which such a decision relates, the Authority shall, within three

months of such a decision, calculate and publish

(a) the total allocation of allowances for the period to

each aircraft operator whose application it has submitted to

the Commission in accordance with sub-regulation (4) of this

regulation, calculated by multiplying the tonne-kilometre data

included in the application by the benchmark set out in the

Commission decision; and

(b) the allocation of allowances to each aircraft

operator for each year, which shall be determined by dividing

its total allocation of allowances for the period calculated

under paragraph (a) by the number of years in the period for

which that aircraft operator is performing an aviation activity

listed in Schedule 1 to these regulations.

(1) For the period beginning 1st January, 2013 or Allocation of

a subsequent period, an aircraft operator may apply for a free from special reserve

allocation from the special reserve set aside pursuant to Article 3(f) to aircraft operators.

of Directive 2003/87/EC as amended by Directive 2008/101/EC.

An application for a free allocation from the special reserve may

be made by an aircraft operator

(a) who starts performing an aviation activity falling

within Schedule 1 to these regulations after the monitoring

year for which tonne-kilometre data had to be submitted

in respect of the period beginning 1st January, 2013 or a

subsequent period; or

(b) whose tonne-kilometre data increases by an

average of more than 18% annually between the monitoring

year for which tonne-kilometre data was submitted under

regulation 4 of these regulations in respect of the period

beginning 1st January, 2013 or a subsequent period and the

second calendar year of that period, and whose activity under

paragraph (a) or additional activity under paragraph (b), is

not, in whole or in part, a continuation of an aviation activity

previously performed by another aircraft operator.

(2) An aircraft operator who is eligible under sub-

regulation (1) of this regulation may apply for a free allocation of

allowances from the special reserve by submitting an application

to the Authority, and such an application shall be made by the 30th

June of the third year of the period to which the application relates.

(3) An application under sub-regulation (2) of this

regulation shall

(a) include verified tonne-kilometre data for the

aviation activities listed in Schedule 1 to these regulations

performed by the aircraft operator in the second calendar year

of the period to which the application relates;

(b) provide evidence that the criteria for eligibility

under sub-regulation (1) of this regulation are fulfilled; and

(c) in the case of an aircraft operator falling within

paragraph (b) of sub-regulation (1) of this regulation, state

(i) the percentage increase in tonne-kilometres

performed by that aircraft operator between the

monitoring year for which tonne-kilometre data was

submitted under regulation 4 of these regulations in

respect of the period beginning 1st January, 2013 or a

subsequent period and the second calendar year of that

period;

(ii)

the absolute growth in tonne-kilometres

performed by that aircraft operator between the

monitoring year for which tonne-kilometre data was

submitted under regulation 4 of these regulations in

respect of the period beginning 1st January, 2013 or a

subsequent period and the second calendar year of that

period; and

(iii) the absolute growth in tonne-kilometres

performed by that aircraft operator between the

monitoring year for which tonne-kilometre data was

submitted under regulation 4 of these regulations in

respect of the period beginning 1st January, 2013 or a

subsequent period and the second calendar year of

that period which exceeds the percentage specified in

paragraph (b) of sub-regulation (1) of this regulation.

(4) The Authority shall submit to the Commission

any application received pursuant to sub-regulation (2) of this

regulation, if it is satisfied that the application is in accordance

with this regulation and that the aircraft operator who submitted

the application has complied with regulations 6 and 7 of these

regulations. The Authority shall submit any such application by

not later than the 31st December of the third year of the period to

which the application relates.

(5) Pursuant to a decision adopted by the Commission

setting out the benchmark for a period to be used to allocate

allowances free of charge from the special reserve to aircraft

operators for the period to which such a decision relates, the

Authority shall, within three months of such a decision, calculate

and publish

(a) the allocation of allowances from the special

reserve to each aircraft operator whose application it has

submitted to the Commission in accordance with sub-

regulation (4) of this regulation; and

(b) the allocation of allowances from the special

reserve to each aircraft operator for each year, which shall be

determined by dividing the allocation as determined under

paragraph (a) by the number of calendar years remaining in

the period to which the allocation relates.

(6) The allocation of allowances from the special

reserve to each aircraft operator under paragraph (a) of sub-

regulation (5) of this regulation shall be calculated by multiplying

the benchmark set out in the Commission decision referred to

under sub-regulation (5) of this regulation in the case of

(a) an aircraft operator falling within paragraph (a) of

sub-regulation (1) of this regulation whose application was

submitted to the Commission pursuant to sub-regulation (4)

of this regulation, by the tonne kilometre data included in the

application submitted to the Commission;

(b) an aircraft operator falling within paragraph (b) of

sub-regulation (1) of this regulation whose application was

submitted to the Commission pursuant to sub-regulation (4)

of this regulation, by the absolute growth in tonne-kilometres

exceeding the percentage specified in paragraph (b) of sub-

regulation (1) of this regulation included in the application

submitted to the Commission.

(7) An allocation to an aircraft operator eligible for an

allocation of allowances under paragraph (b) of sub-regulation (1)

of this regulation shall not exceed one million allowances.

(1) Each aircraft operator shall submit, to the Authority,

a monitoring and reporting plan setting out measures to monitor

and report tonne-kilometre data from aviation activities listed in

Schedule 1 to these regulations for the purpose of an application

made under regulations 4 and 5 of these regulations. The plan

shall be submitted by not later than four months before the start of

the first reporting period for the operator, or by such date as may

be determined by the Authority.

(2) The monitoring and reporting plan shall be in

accordance with

(a) the principles set out in Schedule 3 to these

regulations; and

(b) any other requirements made by the Authority in

respect of monitoring and reporting of tonne-kilometre data

for aviation activities.

(3) The monitoring and reporting plan submitted by an

aircraft operator pursuant to sub-regulation (1) of this regulation

shall be approved by the Authority, if it is satisfied that the plan is

in accordance with the requirements set out under sub-regulation

(2) of this regulation. The Authority may request from the aircraft

operator any additional information it deems appropriate for the

approval of the plan.

(4) An aircraft operator shall notify the Authority of

any deviations from or changes in the monitoring and reporting

plan that may occur at any time after the approval of the plan by

the Authority. Where it deems appropriate, the Authority may

request the submission of a revised plan.

(1) The tonne-kilometre data submitted by an aircraft Verification of

operator pursuant to regulations 4 or 5 of these regulations shall be data for

verified by a verifier in accordance with

(a) the principles set out in Schedule 4 to these

regulations; and

(b) any other requirements made by the Authority in

respect of verification of tonne-kilometre data for aviation

activities.

(2) A verification report shall be submitted by the

aircraft operator to the Authority with tonne-kilometre data

submitted for the purposes of an application under regulations 4 or

5 of these regulations.

(1) The Authority shall, by the 28th February, 2012 Issuing of allowances

and by the 28th February of each subsequent year, issue to each operators and validity

aircraft operator the number of allowances allocated to that of allowances.

aircraft operator for that year as determined under paragraph (b)

of sub-regulation (6) of regulation 4 hereof or paragraph (b) of

sub-regulation (5) of regulation 5 of these regulations. Issuance

of allowances shall be carried out in accordance with the relevant

decisions and regulations adopted by the Commission pursuant to

Directive 2003/87/EC.

(2) Each aircraft operator shall be issued allowances in

accordance with sub-regulation (1) of this regulation in the aircraft

operator’s holding account held in the Community registry.

(3) Allowances issued in accordance with sub-

regulation (1) of this regulation in respect of the period from 1st

January, 2012 to 31st December, 2012, the period beginning 1st

January, 2013 and subsequent periods shall be valid for emissions

during the period for which they are issued.

(4) Four months after the beginning of the period

commencing on the 1st January, 2013 and subsequent periods the

Authority shall cancel allowances that are no longer valid for that

period and have not been surrendered and cancelled in accordance

with regulation 12 of these regulations.

(5) For each period referred to in sub-regulation (4)

hereof, the Authority shall issue allowances to aircraft operators

for the current period to replace any allowances held by them

which are cancelled in accordance with sub-regulation (4) of this

regulation.

(6) The Authority shall cancel allowances at any time

at the request of the aircraft operator holding them.

(1) Allowances issued by the Authority to aircraft

operators may be transferable between

(a) persons within Member States;

(b) persons, whether within Member States or in third

countries, who are aircraft operators for the purposes of and

falling within the scope of these regulations, and holding an

account in the Community registry;

(c) persons within Member States and persons in

third countries listed in Annex B to the Kyoto Protocol,

which countries have ratified the Kyoto Protocol and with

whom agreements are concluded for the mutual recognition

of allowances between the Community scheme and other

greenhouse gas emissions trading schemes, without

restrictions other than those contained in, or adopted pursuant

to these regulations or the European Community Greenhouse

Gas Emissions Trading Scheme Regulations, 2005.

(2) The transfer of allowances shall be carried out in

accordance with the relevant decisions and regulations adopted by

the Commission pursuant to Directive 2003/87/EC.

(3) Allowances issued by a competent authority of

another Member State shall be recognized by the Authority for the

purpose of meeting an aircraft operator’s obligations under sub-

regulation (1) of regulation 12 of these regulations.

(1) Each aircraft operator shall submit to the Authority

a monitoring and reporting plan setting out measures to monitor

and report emissions of greenhouse gases specified in respect of

aviation activities in Schedule 1 to these regulations. A monitoring

and reporting plan shall be submitted by an aircraft operator to the

Authority, in the case of

(a) an aircraft operator for whom Malta is identified as

the administering Member State before the commencement

of the reporting period from 1st January, 2010 to 31st

December, 2010, by such date as may be determined by the

Authority;

(b) an aircraft operator that starts performing an

aviation activity listed in Schedule 1 to these regulations

after the commencement of the reporting period from 1st

January, 2010 to 31st December, 2010 and for whom Malta

is identified as the administering Member State after the

commencement of that reporting period, immediately upon

the first performance of such an activity, or by such date as

may be determined by the Authority;

(c) an aircraft operator for whom Malta is identified as

the administering Member State after the commencement of

a reporting period, by such date as may be determined by the

Authority.

(2) The monitoring plan shall be in accordance with

(a) the principles set out in Schedule 3 to these

regulations; and

(b) any other requirements made by the Authority

in respect of monitoring and reporting of emissions of

greenhouse gases from aviation activities.

(3) The monitoring and reporting plan submitted by an

aircraft operator pursuant to sub-regulation (1) of this regulation

shall be approved by the Authority, if it is satisfied that the plan is

in accordance with the requirements set out under sub-regulation

(2) of this regulation. The Authority may request from the aircraft

operator any additional information it deems appropriate for the

approval of the plan.

(4) An aircraft operator shall notify the Authority of

any deviations from or changes in the monitoring and reporting

plan that may occur at any time after the approval of the plan by

the Authority. Where it deems appropriate, the Authority may

request the submission of a revised plan.

(5) An aircraft operator shall review the monitoring

and reporting plan before the start of the period beginning from

1st January, 2013 and each subsequent period and submit a revised

monitoring and reporting plan as appropriate.

(6) Each aircraft operator shall

(a) from the monitoring year 2010 in the case of

an aircraft operator for whom Malta is identified as the

administering Member State before the start of the reporting

year 2010; or

(b) from the first reporting year applicable to it in

the case of an aircraft operator for whom Malta is identified

as the administering Member State after the beginning of

the reporting year 2010, monitor emissions from aircraft

which it operates that perform aviation activities listed in

Schedule 1 to these regulations, during each calendar year

and report emissions for each calendar year in accordance

with the approved monitoring and reporting plan. A report

on emissions for each calendar year shall be submitted to the

Authority by not later than 31st March of the subsequent year.

(7) The Authority may take any action it deems

necessary under these regulations to ensure that aircraft operators

are monitoring and reporting annual emissions in accordance with

the approved monitoring and reporting plans.

(8) An aircraft operator who

(a) fails to submit a monitoring and reporting plan

in accordance with sub-regulation (1) of this regulation

in respect of the years 2010 and 2011, shall be liable to the

imposition of an administrative fine of not less than one

thousand euro (1,000) but not exceeding five thousand euro

(5,000);

(b) fails to monitor annual emissions or fails to submit

an annual emissions report in accordance with sub-regulation

(6) of this regulation in respect of the years 2010 and 2011,

shall be liable to the imposition of an administrative fine of

not less than one thousand euro (1,000) but not exceeding

five thousand euro (5,000);

(c) fails to submit a monitoring and reporting plan

in accordance with sub-regulation (1) of this regulation

in respect of the period from 1st January, 2012 to 31st

December, 2012, the period beginning 1st January, 2013

or a subsequent period, shall be liable to the imposition of

an administrative fine of not less than two thousand and five

hundred euro (2,500) but not exceeding ten thousand euro

(10,000);

(d) fails to monitor annual emissions or fails to

submit an annual emissions report in accordance with sub-

regulation (6) of this regulation in respect of the period

from 1st January, 2012 to 31st December, 2012, the period

beginning 1st January, 2013 or a subsequent period, shall be

liable to the imposition of an administrative fine of not less

than five thousand euro (5,000) but not exceeding twenty

thousand euro (20,000); and

(e) fails to review the monitoring and reporting

plan or submit a revised monitoring and reporting plan

if appropriate in accordance with sub-regulation (5) of

this regulation shall be liable to the imposition of an

administrative fine of not less than two thousand and five

hundred euro (2,500) but not exceeding ten thousand euro

(10,000).

(1) The report submitted by an aircraft operator

pursuant to sub-regulation (6) of regulation 10 hereof shall be

verified by a verifier in accordance with

(a) the principles set out in Schedule 4 to these

regulations; and

(b) any other requirements made by the Authority in

respect of verification of reports of emissions of greenhouse

gases from aviation activities.

(2) A verification report shall be submitted by the

aircraft operator to the Authority with each emission report

submitted.

(3) An aircraft operator whose report on emissions for

a calendar year has not been verified as satisfactory by 31st March

of the subsequent year cannot make further transfers of allowances

until a report from that aircraft operator has been verified as

satisfactory.

(4) Where, in respect of any year, an aircraft operator

does not submit a verified emissions report in accordance with this

regulation and with sub-regulation (6) of regulation 10 hereof or

where it is deemed that the aircraft operator has not submitted an

emissions report which is in accordance with the requirements set

out in this regulation and regulation 10 hereof, the Authority may,

unless there is a written agreement between the Authority and the

aircraft operator providing otherwise, determine the emissions for

aviation activities performed by the aircraft operator for such year

for which the verified report was not submitted using best available

data and ensuring that a conservative estimate is made that

does not under-estimate emissions. When annual emissions are

determined under this sub-regulation, the Authority shall consider

the requirements set in Schedule 4 to these regulations

Provided that the Authority notifies the aircraft operator

on the emissions as determined and the methodology used to

determine such emissions.

(1) Each aircraft operator shall, as from the year

2013 and by not later than the 30th April of that year and of each

subsequent year thereafter, surrender a number of allowances

equal to the total emissions during the preceding calendar year

from aviation activities listed in Schedule 1 to these regulations as

reported in accordance with regulation 10 of these regulations and

verified in accordance with regulation 11 of these regulations.

(2) Allowances surrendered in accordance with sub-

regulation (1) of this regulation shall be subsequently cancelled.

(3) The Authority shall publish the name of any

aircraft operator who is in breach of the requirement to surrender

sufficient allowances under sub-regulation (1) of this regulation.

(4) Any operator or aircraft operator who does

not surrender sufficient allowances by 30th April of each year

as required by sub-regulation (1) of this regulation to cover

its emissions during the preceding year shall be liable to the

imposition of an administrative fine of one hundred euro (100)

for each tonne of carbon dioxide equivalent emitted, for which the

aircraft operator has not surrendered allowances. For the purposes

of this sub-regulation, each allowance not surrendered by the

aircraft operator for a tonne of carbon dioxide equivalent emitted,

shall be considered as a separate contravention.

(5) The imposition of an administrative fine as

prescribed in sub-regulation (4) of this regulation shall not release

the aircraft operator from the obligation to surrender an amount of

allowances equal to those excess emissions in respect of which the

administrative fine is paid when surrendering allowances in relation

to the following calendar year.

(1) During the period from 1st January, 2012 to 31st

December, 2012, aircraft operators may use CERs and ERUs,

up to 15% of the number of allowances they require to surrender

pursuant to sub-regulation (1) of regulation 12 of these regulations.

(2) For the period beginning 1st January, 2013 and

subsequent periods, aircraft operators may use CERs and ERUs,

up to 15% of the number of allowances they require to surrender

pursuant to sub-regulation (1) of regulation 12 of these regulations,

or up to a revised percentage as may be published by the

Commission.

(3) The use of CERs or ERUs by aircraft operators

pursuant to sub-regulations (1) and (2) of this regulation shall take

place through the issue and immediate surrender of one allowance

by the Authority in exchange for one CER or ERU held by the

operator in the Community registry. CERs and ERUs used by

aircraft operators to meet obligations under regulation 12 hereof in

accordance with this regulation shall be subsequently cancelled.

(4) CERs and ERUs that are issued and may be used

in accordance with the UNFCCC and the Kyoto Protocol and

subsequent decisions adopted thereunder, may be used by aircraft

operators in accordance with sub-regulations (1) and (2) of this

regulation

Provided that CERs and ERUs from land use, land use

change and forestry activities and, for the period beginning 1st

January, 2012 to 31st December, 2012 CERs and ERUs generated

from nuclear facilities, may not be so used.

No CERs or ERUs from project activities as defined

under regulation 2 of these regulations shall be issued for

reductions or limitations of greenhouse gas emissions with respect

to aviation activities falling within the scope of these regulations.

The Resources Appeals Board established in Article 33

of the Malta Resources Authority Act shall have jurisdiction to hear

and determine appeals from decisions of the Authority made under

these regulations.

Decisions related to the allocation of allowances to

aircraft operators and any information submitted in respect of the

report of emissions may be subject to public access in accordance

with the Freedom of Access to Information on the Environment

Regulations, 2005

Provided that any access to personal data shall be made

in accordance with the Data Protection Act

Provided also that without prejudice to this regulation

and to the obligation which may be imposed on the Authority

to disclose any information, the Authority shall not disclose

any confidential information or any parts thereof or any other

information provided in connection with the report which should

be treated as commercially confidential

Provided further that any information which shall be

treated as commercially confidential shall be made known at all

times to the Authority.

B

Schedule 1

Regulations 2, 3, 4(2), 4(6) (b), 5(1) (a), 5(3) (a), 6(1), 10(1),

10(1) (b), 10(6), and 12(1).

Categories of Activities to which these Regulations Apply

Activities

Greenhouse

gases

Aviation

Flights which depart from or arrive in

an aerodrome situated in the territory of Carbon dioxide

a Member State

This activity shall not include

(a)

flights performed exclusively for

the transport, on official mission,

of a reigning Monarch and his

immediate family, Heads of State,

Heads

of

Government

and

Government

Ministers,

of

a

country other than a Member

State, where this is substantiated

by an appropriate status indicator

in the flight plan;

(b)

military flights performed by

military aircraft and customs and

police flights;

(c)

flights related to search and

rescue,

fire

fighting

flights,

humanitarian

flights

and

emergency medical service flights

authorised by the appropriate

authority;

(d)

any flights performed exclusively

under

visual

flight

rules

as

defined in Annex 2 to the

B

authority;

(d)

any flights performed exclusively

under

visual

flight

rules

as

defined in Annex 2 to the

Chicago Convention;

(e)

flights

terminating

at

the

aerodrome

from

which

the

aircraft has taken off and during

which no intermediate landing

has been made;

(f)

training

flights

performed

exclusively for the purpose of

obtaining a licence, or a rating in

the case of cockpit flight crew

where this is substantiated by an

appropriate remark in the flight

plan provided that the flight does

not serve for the transport of

passengers and/or cargo or for the

positioning or ferrying of the

aircraft;

(g)

flights performed exclusively for

the purpose of scientific research

or for the purpose of checking,

testing or certifying aircraft or

equipment whether airborne or

ground-based;

(h)

flights performed by aircraft with

a certified maximum take-off

mass of less than 5 700kg;

(i)

flights

performed

in

the

B

framework

of

public

service

obligations

imposed

in

accordance

with

Regulation

(EEC) No 2408/92 on routes

within the outermost regions, as

specified in Article 299(2) of the

Treaty establishing the European

Community, or on routes where

the capacity offered does not

exceed 30 000 seats per year;

(j)

flights

which,

but

for

this

exclusion, would fall within the

definition of aviation activity as

listed here, performed by a

commercial air transport operator

operating either

- fewer than 243 flights per

period for three consecutive

four-month periods; or

-

flights

with

total

annual

emissions lower than 10,000

tonnes per year.

Flights performed exclusively for

the transport, on official missions,

of a reigning Monarch and his

immediate family, Heads of State,

Heads

of

Government

and

Government, of a Member State

may not be excluded under this

paragraph.

B

Schedule 2

Regulation 2

Greenhouse gases

Carbon dioxide (CO 2 )

Methane (CH 4 )

Nitrous Oxide (N 2 O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur Hexafluoride (SF 6 )

B

Schedule 3

Regulations 6(2) (a) and 10(2) (a).

Principles for Monitoring and Reporting of Emissions and

Tonne-kilometre Data from Aviation Activities

Monitoring of carbon dioxide emissions from aviation

activities

Emissions shall be monitored by calculation. Emissions shall be

calculated using the formula

Fuel consumption ! emission factor

Fuel consumption shall include fuel consumed by the auxiliary

power unit. Actual fuel consumption for each flight shall be

used wherever possible and shall be calculated using the

formula

Amount of fuel contained in aircraft tanks once fuel uplift

for the flight is complete – amount of fuel contained in

aircraft tanks once fuel uplift for subsequent flight is

complete together with fuel uplift for that subsequent flight.

If actual fuel consumption data are not available, a standardised

tiered method shall be used to estimate fuel consumption data

based on best available information.

Default IPCC emission factors, taken from the 2006 IPCC

Inventory Guidelines or subsequent updates of these Guidelines,

shall be used unless activity-specific emission factors identified

by independent accredited laboratories using accepted analytical

methods are more accurate. The emission factor for biomass

shall be zero.

A separate calculation shall be made for each flight and for each

fuel.

Reporting of emissions

Each aircraft operator shall include the following information in

its report under sub-regulation (6) of regulation 10 of these

regulations

A. Data identifying the aircraft operator, including

(i) name of the aircraft operator,

(ii) its administering Member State,

(iii) its address, including postcode and country and, where

different, its contact address in the administering

Member State,

(iv) the aircraft registration numbers and types of aircraft

used in the period covered by the report to perform the

aviation activities listed in Schedule 1,

(v) the number and issuing authority of the air operator

certificate and operating licence under which the

aviation activities listed in Schedule 1 were performed,

(vi) address, telephone, fax and e-mail details for a contact

person, and

(vii) name of the aircraft owner.

B. For each type of fuel for which emissions are calculated

(i) fuel consumption,

(ii) emission factor,

(iii) total aggregated emissions from all flights performed

during the period covered by the report which fall

B

within the aviation activities listed in Schedule 1, for

which the operator in question is considered to be the

aircraft operator,

(iv) aggregated emissions from

— all flights performed during the period covered by

the report which fall within the aviation activities

listed in Schedule 1,

for which the operator in

question is considered to be the aircraft operator and

which departed from an aerodrome situated in the

territory of a Member State and arrived at an

aerodrome situated in the territory of the same

Member State,

— all other flights performed during the period covered

by the report which fall within the aviation activities

listed in Schedule 1, for which the operator in

question is considered to be the aircraft operator

(v) aggregated emissions from all flights performed during

the period covered by the report which fall within the

aviation activities listed in Schedule 1, for which the

operator in question is considered to be the aircraft

operator and which

— departed from each Member State, and

— arrived in each Member State from a third country,

(vi) uncertainty.

Monitoring of tonne-kilometre data

For the purpose of applying for an allocation of allowances in

accordance with regulation 4 or regulation 5 of these

regulations, the amount of aviation activity shall be calculated in

tonne-kilometres using the following formula

tonne-kilometres = distance ! payload

where

‘distance’ means the great circle distance between the

aerodrome of departure and the aerodrome of arrival plus an

additional fixed factor of 95 km; and

‘payload’ means the total mass of freight, mail and passengers

carried.

For the purposes of calculating the payload

(a) the number of passengers shall be the number of persons on-

board excluding crew members;

(b) an aircraft operator may choose to apply either the actual or

standard mass for passengers and checked baggage

contained in its mass and balance documentation for the

relevant flights or a default value of 100 kg for each

passenger and his checked baggage.

Reporting of tonne-kilometre data

Each aircraft operator shall include the following information in

its application under regulation 4 or regulation 5 of these

regulations

A. Data identifying the aircraft operator, including

(i) name of the aircraft operator;

(ii) its administering Member State;

(iii) its address, including postcode and country and, where

different, its contact address in the administering

Member State;

(iv) the aircraft registration numbers and types of aircraft

used during the year covered by the application to

B

perform the aviation activities listed in Schedule 1;

(v) the number and issuing authority of the air operator

certificate and operating licence under which the

aviation activities listed in Schedule 1 were performed;

(vi) address, telephone, fax and e-mail details for a contact

person, and

(vii) name of the aircraft owner.

B. Tonne-kilometre data

(i) number of flights by aerodrome pair;

(ii) number of passenger-kilometres by aerodrome pair;

(iii) number of tonne-kilometres by aerodrome pair;

(iv) chosen method for calculation of mass for passengers

and checked baggage;

(v) total number of tonne-kilometres for all flights

performed during the year to which the report relates

falling within the aviation activities listed in Schedule 1.

Schedule 4

Regulations 7(1), 11(1) (a) and 11(4).

Criteria for Verification

General Principles

1. Emissions from flights falling within aviation activities

listed in Schedule 1 shall be subject to verification.

2. The verification process shall include consideration of the

report pursuant to sub-regulation (6) of regulation 10 of these

regulations and of monitoring during the preceding year. It shall

address the reliability, credibility and accuracy of monitoring

systems and the reported data and information relating to

emissions, in particular

(a) the reported activity data and related measurements and

calculations;

(b) the choice and the employment of emission factors;

(c) the calculations leading to the determination of the overall

emissions; and

(d) if measurement is used, the appropriateness of the choice

and the employment of measuring methods.

3. Reported emissions may only be validated if reliable and

credible data and information allow the emissions to be

determined with a high degree of certainty. A high degree of

certainty requires the aircraft operator to show that

B

(a) the reported data is free of inconsistencies;

(b) the collection of the data has been carried out in accordance

with the applicable scientific standards; and

(c) the relevant records of the aircraft used to perform the

aviation activities covered by the report are complete and

consistent.

4. The verifier shall be given access to all sites and information

in relation to the subject of the verification.

5. The verifier shall take into account whether the aircraft

operator is registered under the European Community eco-

management and audit scheme (EMAS).

Methodology

Strategic analysis

6. The verification shall be based on a strategic analysis of all

the aviation activities covered by the report carried out by the

aircraft operator. This requires the verifier to have an overview

of all the activities and their significance for emissions.

Process analysis

7. The verification of the information submitted shall, where

appropriate, be carried out at the sites used by the aircraft

operator to perform the aviation activities covered by the report.

The verifier shall use spot-checks to determine the reliability of

the reported data and information.

Risk analysis

8. The verifier shall submit all the aircraft for which the

aircraft operator is responsible to an evaluation with regard to

the reliability of the data of each source contributing to the

overall emissions of the aircraft operator.

9. On the basis of this analysis the verifier shall explicitly

identify those sources with a high risk of error and other aspects

of the monitoring and reporting procedure which are likely to

contribute to errors in the determination of the overall

emissions. This especially involves the choice of the emission

factors and the calculations necessary to determine the level of

the emissions from individual sources. Particular attention shall

be given to those sources with a high risk of error and the

abovementioned aspects of the monitoring procedure.

10. The verifier shall take into consideration any effective risk

control methods applied by the aircraft operator with a view to

minimising the degree of uncertainty.

Report

11. The verifier shall prepare a report on the validation process

stating whether the report pursuant to sub-regulation (6) of

regulation 10 of these regulations is satisfactory. This report

shall specify all issues relevant to the work carried out. A

statement that the report pursuant to sub-regulation (6) of

regulation 10 of these regulations is satisfactory may be made if,

in the opinion of the verifier, the total emissions are not

materially misstated.

Minimum competency requirements for the verifier

B

12. The verifier shall be independent of the aircraft operator,

carry out his activities in a sound and objective professional

manner, and understand

(a) the provisions of these regulations, as well as relevant

standards and guidance adopted by the Commission

pursuant to Article 14(1) of Directive 2003/87/EC as

amended by these regulations and any requirements made

by the Authority;

(b) the legislative, regulatory, and administrative requirements

relevant to the activities being verified; and

(c) the generation of all information related to each aircraft for

which the aircraft operator is responsible, in particular,

relating to the collection, measurement, calculation and

reporting of data.

Additional provisions for the verification of aviation

emission reports

13. The verifier shall in particular ascertain that

(a) all flights falling within an aviation activity listed in

Schedule 1 have been taken into account. In this task the

verifier shall be assisted by timetable data and other data on

the

aircraft

operator’s

traffic

including

data

from

Eurocontrol requested by that aircraft operator;

(b) there is overall consistency between aggregated fuel

consumption data and data on fuel purchased or otherwise

supplied to the aircraft performing the aviation activity.

Additional provisions for the verification of tonne-kilometre

data submitted for the purposes of regulations 4 and 5 of

these regulations

14. The general principles and methodology for verifying

emissions reports as set out in this Schedule shall, where

applicable, also apply correspondingly to the verification of

aviation tonne-kilometre data submitted under sub-regulation

(2) of regulation 4 of these regulations and sub-regulation (2) of

regulation 5 of these regulations.

15. The verifier shall in particular ascertain that only flights

actually performed and falling within an aviation activity listed

in Schedule 1 for which the aircraft operator is responsible have

been taken into account in that operator’s application under

regulation 4 and regulation 5 hereof. In this task the verifier

shall be assisted by data on the aircraft operator’s traffic

including data from Eurocontrol requested by that operator. In

addition, the verifier shall ascertain that the payload reported by

the aircraft operator corresponds to records on payloads kept by

that operator for safety purposes.

€2.98