for Aviation Regulations, 2012

L.N. 386 of

of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

European Union Greenhouse Gas Emissions Trading Scheme

for Aviation Regulations, 2012

IN exercise of the powers conferred by article 61 of the

Environment and Development Planning Act and by article 28

of the Malta Resources Authority Act, the Minister for Tourism,

Culture and Environment and the Minister for Resources and Rural

Affairs, after consultation with the Malta Resources Authority and

the Malta Environment and Planning Authority, have made the

following regulations

(1) The title of these regulations is the European

Union Greenhouse Gas Emissions Trading Scheme for Aviation

Regulations, 2012.

(2) These regulations provide for the implementation in

Malta of the European Union scheme for greenhouse gas emissions

allowance trading for the aviation activities listed in Schedule 1 to

these regulations. These regulations transpose Directive 2008/101/

EC amending Directive 2003/87/EC, and Directive 2009/29/EC

amending Directive 2003/87/EC in so far as it relates to aircraft

operators.

For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

“account holder” means a natural or legal person that

holds an account in the Union registry;

“aerodrome” means a defined area on land or water,

including buildings, installations and equipment, intended to

be used either wholly or in part for the arrival, departure and

surface movement of aircraft;

“aircraft operator” means the person who operates an

aircraft at the time it performs an aviation activity listed in

B B 3945

Schedule 1 to these regulations or, where that person is not

known or is not identified by the owner of the aircraft, the

owner of the aircraft;

“air service” means a flight or a series of flights carrying

passengers, cargo and, or, mail for remuneration and, or, hire

as defined in Article 2(4) of Regulation (EC) No. 1008/2008;

“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;

“auctioneer” means the Debt Management Office within

the Treasury Department appointed by the Government to

auction allowances on its behalf;

“authorised representatives” means the representatives,

nominated by an account holder in respect of an account

in the Union registry, to have access to that account and

undertake processes relating to that account on behalf of the

account holder;

“the Authority” means the Malta Resources Authority

established by article 3 of the Malta Resources Authority Act;

“aviation emissions” or “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;

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

regulation 3 hereof, in relation to an aircraft operator which

started operating in the Union after 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 definitive disposal of

an allowance by its holder or by the national registry

administrator as may be applicable;

“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;

“Chapter II allowance” means an allowance allocated

and issued in respect of aviation activities listed in Annex I

to Directive 2003/87/EC, in accordance with Chapter II of

Directive 2003/87/EC;

“Chapter III allowance” means an allowance

allocated and issued in respect of activities listed in Annex

I to Directive 2003/87/EC other than aviation activities, in

accordance with Chapter III of Directive 2003/87/EC;

“commercial air transport operator” means an operator

that, for remuneration, provides scheduled or non-scheduled

air transport services to the public for the carriage of

passengers, freight or mail;

“the Commission” means the European Commission;

“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, shared 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;

“deviation” means, in respect of monitoring of tonne-

kilometre data and annual emissions, the use of a monitoring

approach that is different, in full or in part, from the approved

monitoring and reporting plan, which use is of a temporary

nature;

“Directive 2003/87/EC” means Directive 2003/87/EC OJ:L:2003:275/32.

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;

B B 3947

“Directive 2008/101/EC” means Directive 2008/1010/

EC of the European Parliament and of the Council of 19

November 2008 amending Directive 2003/87/EC so as to

include aviation activities in the scheme for greenhouse gas

emission allowance trading within the Community;

“Directive 2009/29/EC” means Directive 2009/29/EC of

the European Parliament and of the Council of 23 April 2009

amending Directive 2003/87/EC so as to improve and extend

the greenhouse gas emission allowance trading scheme of the

Community;

“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;

“flight” means one flight sector that is a flight or one of

a series of flights which commences at a parking place of the

aircraft and terminates at a parking place of the aircraft;

“greenhouse gases” means the gases listed in Schedule 2

to these regulations;

“Joint Implementation project activity” or “JI project

activity” means a project activity undertaken in accordance

with Article 12 of the Kyoto Protocol and decisions adopted

pursuant to the UNFCCC or the Kyoto Protocol;

“Kyoto Protocol” means the Kyoto Protocol to the

UNFCCC;

“Least Developed Countries” means those countries

included in the list of Least Developed Countries as defined

by the Committee for Development Policy and endorsed by

the Economic and Social Council of the United Nations;

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

European Union and shall also include Iceland, Liechtenstein

and Norway;

“the Minister” means the Minister responsible for

climate change policy, unless stated otherwise;

“modification” means, in respect of monitoring of tonne-

kilometre data and annual emissions, a permanent change in

an approved monitoring plan, in full or in part, and, where

deemed to be of a significant nature, shall require the approval

of the Authority before it shall become valid;

“National Accreditation Board (Malta)” means the S.L. 419.07.

National Accreditation Board (Malta) established by the

National Accreditation Board (Malta) (Establishment)

Regulations, 2007;

“national registry administrator” means the entity,

designated in accordance with relevant decisions and

regulations adopted by the Commission pursuant to Directive

2003/87/EC, being responsible for the management, on behalf

of the Government, of aircraft operator holding accounts

under the jurisdiction of the Government in the Union

registry;

“operating licence” means an authorization granted by

a relevant competent licencing authority to an undertaking,

permitting it to provide air services as stated in the operating

licence;

“other accounting units” means units other than

allowances, and including CERs and ERUs, which may

be used by aircraft operators for the purpose of meeting

obligations under these regulations in accordance with these

regulations and relevant decisions and regulations adopted by

the Commission pursuant to Directive 2003/87/EC;

“person” means any natural or legal person;

“the public” means one or more persons and

associations, organisations or groups of persons;

“Regulation (EC) No. 765/2008” means Regulation (EC) OJ:L:2008:218/30.

No. 765/2008 of the European Parliament and of the Council

of 9 July 2008 setting out the requirements for accreditation

and market surveillance relating to the marketing of products

and repealing Regulation (EEC) No. 339/93;

“Regulation (EC) No. 1008/2008” means Regulation

(EC) No. 1008/2008 of the European Parliament and of the

Council of 24 September 2008 on common rules for the

operation of air services in the Community (Recast);

B B 3949

“Regulation (EC) No. 748/2009” means Commission

Regulation (EC) No 748/2009 of 5 August 2009 on the list of

aircraft operators which performed an aviation activity listed

in Annex I to Directive 2003/87/EC on or after 1 January

2006 specifying the administering Member State for each

aircraft operator;

“surrender” means the accounting of an allowance by an

aircraft operator against verified emissions;

“Union” and “European Union” shall have the same

meaning of “the European Union” as in the European Union

Act;

“Union registry” means the registry established and

maintained in accordance with Article 19 of Directive

2003/87/EC for the execution of processes pertaining to the

maintenance of holding accounts and the allocation, surrender

and cancellation of allowances;

“UNFCCC” means the United Nations Framework

Convention on Climate Change which entered into force on

21st March, 1994;

“verifier” means a legal person or another legal

entity carrying out verification activities pursuant to these

regulations and accredited by a national accreditation body

pursuant to Regulation (EC) No 765/2008 and relevant

decisions and regulations adopted by the Commission

pursuant to Directive 2003/87/EC, or natural person otherwise

authorised, without prejudice to Article 5(2) of Regulation

(EC) 765/2008, at the time a verification report is issued.

These regulations shall apply to aircraft operators

performing aviation activities listed in Schedule 1 to these

regulations, resulting in emissions of greenhouse gases specified in

respect of those activities, and

(a) who have a valid operating licence granted by

Malta in accordance with the provisions of Regulation (EC)

No. 1008/2008; 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

Regulation (EC) No 748/2009, or by means of any measure

taken by the Commission pursuant to Directive 2003/87/EC

or by the Authority in terms of these regulations.

(1) For the period from 1st January, 2012 to 31st Allocation of free

December, 2012, for the eight-year period beginning 1st January, allowances

2013, and for each subsequent period thereafter, an aircraft operator

may apply for an allocation of Chapter II 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, 2012 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

B B 3951

the provisions of this regulation 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, 2012, 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

pursuant to Directive 2003/87/EC setting out the benchmark

for a period to be used to allocate Chapter II 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 Chapter II allowances for

such period, to each aircraft operator whose application it

has submitted to the Commission, in accordance with sub-

regulation (4), 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 Chapter II 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 a

subsequent period, an aircraft operator may apply for a free

allocation of Chapter II allowances from the special reserve set

aside pursuant to Article 3(f) 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, where such activity is not, in whole

or in part, a continuation of an aviation activity previously

performed by another aircraft operator; 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, where such an increase in

tonne-kilometre data is not, in whole or in part, the result of 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 Chapter II 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;

B B 3953

(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

Chapter II 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 Chapter II 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 Chapter II 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 Chapter II 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 Chapter II allowances under paragraph (b) of

sub-regulation (1) of this regulation shall not exceed one million

Chapter II allowances.

(1) An aircraft operator who intends to submit an Monitoring of tonne-

application for free Chapter II allowances pursuant to regulation kilometre

4 or 5 shall submit, to the Authority, a monitoring plan setting out

measures to monitor and report tonne-kilometre data from aviation

activities listed in Schedule 1 to these regulations. The plan shall

be submitted by not later than 120 days before the start of the

monitoring year to which the monitoring plan relates, or 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) relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority in

respect of monitoring and reporting of tonne-kilometre data

for aviation activities.

B B 3955

(3) The monitoring 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 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 the monitoring plan that may occur at any time

after the approval of the plan

Provided that the Authority shall be notified of any

deviation from the plan

(a) as early as possible before the deviation

occurs, if the deviation is known by the operator or is

made known to the operator prior to its occurrence; or,

(b) immediately after the deviation occurs if the

occurrence of the deviation is not known to the operator

or is not made known to the operator before or at the

time of its occurrence.

An aircraft operator shall maintain a documented

record, which shall include information in accordance with

requirements that may be established by the Authority, of

any deviations that occur during a monitoring year and

shall submit such record to the Authority together with the

verified tonne-kilometre data submitted in respect of that

monitoring year pursuant to regulation 4 or regulation 5 of

these regulations.

(5) An aircraft operator may at any time after the

approval of the monitoring plan submit to the Authority proposed

modifications that have to be made to the plan, in accordance

with the relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC. The aircraft

operator shall maintain a documented record of all modifications to

the monitoring plan. No proposed significant modifications to an

approved plan shall be valid without the approval of the Authority.

(6) Where it deems appropriate, the Authority may

request the submission of a revised plan.

(7) Without prejudice to sub-regulation (4) of this

regulation, an aircraft operator shall monitor tonne-kilometre data

in accordance with the monitoring plan approved by the Authority

in accordance with this regulation.

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

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

verified by a verifier in accordance with

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

regulations; and

(b) relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and,

(c) 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 a tonne-kilometre data report

submitted for the purposes of an application under regulations 4 or

5 of these regulations.

(3) A verifier performing verification of tonne-

kilometre data of an aircraft operator shall notify the Authority and

the National Accreditation Board (Malta) of the planned time and

place of the verification and the identity of the aircraft operator

whose tonne-kilometre data are subject to its verification by not

later than 30 days prior to the date when the verification is to be

performed.

(1) The Authority may perform any checks it deems

necessary to ensure that a tonne-kilometre data report submitted

by an aircraft operator is in accordance with regulations 6 and 7 of

these regulations.

(2) The Authority shall, on the basis of the information

included in the submitted tonne-kilometre report, the verification

report submitted in accordance with regulation 7 of these

regulations and its own checks, and by not later than 30 days after

the date of submission of the report, determine whether it can

accept the submitted report. The Authority shall not accept a report

of tonne-kilometre data for which a verification report has not been

submitted. The Authority shall inform the aircraft operator, in

writing or by other documented means, of its decision.

B B 3957

(3) Where it deems necessary, the Authority may

require the submission of a revised tonne-kilometre report. The

revised tonne-kilometre report shall be verified in accordance with

regulation 7 except where otherwise decided by the Authority.

(1) The quantity of Chapter II allowances that are not

allocated free of charge, as determined for Malta in accordance

with Directive 2003/87/EC, shall be auctioned by the auctioneer in

accordance with the relevant decisions and regulations adopted by

the Commission pursuant to Directive 2003/87/EC.

(2) The auctioneer shall act in accordance with the

relevant decisions and regulations adopted by the Commission

pursuant to Directive 2003/87/EC.

(1) Chapter II allowances issued to aircraft operators

in terms of these regulations shall be held in the Union registry.

An aircraft operator shall have an aircraft operator holding account

in the Union registry.

(2) The Authority shall act as national registry

administrator in respect of aircraft operator holding accounts of

aircraft operators to which these regulations apply. The national

registry administrator shall perform its functions in accordance

with relevant decisions and regulations adopted by the Commission

pursuant to Directive 2003/87/EC. The national registry

administrator shall ensure that there is no conflict of interest

between itself and holders of aircraft operator holding accounts.

(3) A request to open an aircraft operator holding

account shall be made by the Authority or the aircraft operator to

the national registry administrator.

(4) A request for the opening of an aircraft operator

holding account shall include all information required by the

national registry administrator in accordance with the relevant

decisions and regulations adopted by the Commission pursuant

to Directive 2003/87/EC and any requirements and terms and

conditions made by the national registry administrator.

(5) The national registry administrator shall open

and administer an aircraft operator holding account for an aircraft

operator in accordance with the relevant decisions and regulations

adopted by the Commission pursuant to Directive 2003/87/EC

and any terms and conditions it may make. The national registry

administrator shall not open an account unless it is satisfied that the

request is in accordance with the requirements of this regulation.

(6) An account holder of an aircraft operator holding

account and its nominated authorised representatives shall act in

accordance with the relevant decisions and regulations adopted by

the Commission pursuant to Directive 2003/87/EC and any terms

and conditions made by the national registry administrator.

(7) Where an aircraft operator fails to comply with

any requirements of decisions and regulations adopted by the

Commission in respect of registries or terms and conditions made

by the national registry administrator in respect of registries,

the national registry administrator may prevent the transfer of

allowances or other accounting units into and out of the aircraft

operator holding account held by that aircraft operator until non-

compliance is rectified

Provided that the national registry administrator shall not

prevent surrender or cancellation of allowances in accordance with

regulation 16 of these regulations.

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

2012 and by the 28th February of each subsequent year, issue allocated

to each aircraft operator the number of Chapter II allowances of allowances.

allocated to that aircraft operator for that year as determined

under paragraph (b) of sub-regulation (6) of regulation 4 of these

regulations 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 Chapter II

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

in the aircraft operator’s holding account held in the Union

registry.

(3) Chapter II 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

B B 3959

Authority shall cancel allowances that are no longer valid for that

period and have not been surrendered and cancelled in accordance

with regulation 16 of these regulations.

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

of this regulation, 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) Where Chapter II allowances are issued to an

aircraft operator in respect of a year pursuant to sub-regulation

(1) of this regulation, and, in accordance with relevant decisions

and regulations adopted by the Commission pursuant to Article

25a of Directive 2003/87/EC or pursuant to a decision taken by

the Authority in consequence of these decisions and regulations,

the quantity of Chapter II allowances allocated to that aircraft

operator for that year, as determined under paragraph (b) of sub-

regulation (6) of regulation 4 of these regulations or paragraph

(b) of sub-regulation (5) of regulation 5 of these regulations, is

to be decreased, the aircraft operator shall restitute a quantity of

allowances equivalent to the amount by which the allocation is to

be decreased.

(1) An aircraft operator shall submit to the Authority

a monitoring 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 plan

shall be submitted by an aircraft operator to the Authority at the

latest 120 days before the aircraft operator commences aviation

activities listed in Schedule 1 to these regulations

Provided that, where an aircraft operator performs an

aviation activity listed in Schedule 1 to these regulations for the

first time that could not be foreseen before 120 days of the activity

taking place, a monitoring plan shall be submitted to the Authority

by not later than six weeks after the performance of that activity

Provided further that, where an aircraft operator for

whom Malta is designated as the administering Member State

pursuant to regulation 3 of these regulations, after it performs an

aviation activity listed in Schedule 1 to these regulations for the

first time, a monitoring plan shall be submitted to the Authority

without undue delay after Malta is designated as the administering

Member State for that aircraft operator or within a timeframe

as may be agreed upon between the aircraft operator and the

Authority.

(2)

The monitoring plan shall be in accordance with

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

regulations; and

(b) relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority

in respect of monitoring and reporting of emissions of

greenhouse gases from aviation activities.

(3) The monitoring 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 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 the monitoring plan that may occur at any time

after the approval of the plan by the Authority

Provided that the Authority shall be notified of any

deviation from the plan

(a) as early as possible before the deviation occurs, if

the deviation is known to the operator or is made known to

the operator prior to its occurrence; or,

(b) immediately after the deviation occurs if the

occurrence of the deviation is not known to the operator or

is not made known to the operator before or at the time of its

occurrence.

An aircraft operator shall maintain a documented record,

which shall include information in accordance with requirements

that may be established by the Authority, of any deviations that

occur during a monitoring year and shall submit such record to

the Authority together with the annual emissions report submitted

pursuant to this regulation.

B B 3961

(5) An aircraft operator may at any time after the approval of

the monitoring plan submit to the Authority proposed modifications

that have to be made to the plan, in accordance with the relevant

decisions and regulations adopted by the Commission pursuant

to Directive 2003/87/EC. The aircraft operator shall maintain a

documented record of all modifications to the monitoring plan. No

proposed significant modifications to an approved plan shall be

valid without the approval of the Authority.

(6) Where it deems appropriate, the Authority may request

the submission of a revised plan.

(7) An aircraft operator shall review the monitoring plan

before the start of the period beginning from 1st January, 2013 and

each subsequent period and submit a revised monitoring plan as

appropriate.

(8) An aircraft operator shall

(a) from the monitoring year 1st January, 2010 to 31st

December, 2010 in the case of an aircraft operator for whom

Malta is identified as the administering Member State before

the start of that monitoring year; or

(b) from the first monitoring 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

monitoring year 1st January, 2010 to 31st December, 2010,

monitor emissions from aircraft which it operates that

perform aviation activities listed in Schedule 1 to these

regulations, during each monitoring year.

(9) Without prejudice to sub-regulation (4) of this

regulation, an aircraft operator shall monitor annual emissions in

accordance with the monitoring plan approved by the Authority

in accordance with this regulation. The Authority may take any

action it deems necessary under these regulations to ensure that an

aircraft operator is monitoring and reporting annual emissions in

accordance with the approved monitoring plan.

(1) An aircraft operator shall report emissions,

monitored in accordance with regulation 12 of these regulations,

for each monitoring year in accordance with

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

regulations; and

(b) relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority in

respect of reporting of emissions of greenhouse gases from

aviation activities.

(2) A report on emissions for each monitoring year

shall be submitted to the Authority by not later than 31st March of

the subsequent year.

(3) The report submitted by an aircraft operator

pursuant to sub-regulation (2) of this regulation shall be verified by

a verifier in accordance with

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

regulations; and

(b) relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority in

respect of verification of reports of emissions of greenhouse

gases from aviation activities.

(4) A verification report shall be submitted by the

aircraft operator to the Authority with each emission report

submitted.

(5) Where an aircraft operator fails to submit an

annual emissions report for a monitoring year that has been

verified as satisfactory by 31st March of the year subsequent to that

monitoring year, the national registry administrator shall not allow

the transfer of allowances or any other accounting units out of the

aircraft operator holding account of that aircraft operator until a

report from that aircraft operator for that monitoring year has been

verified as satisfactory

Provided that the national registry administrator

shall not prevent the surrender or cancellation of allowances in

accordance with regulation 16 of these regulations, or the issuance

of allowances in exchange for CERs or ERUs in accordance with

regulations 17 or 18 of these regulations.

B B 3963

(6) A verifier performing verification of an annual

emission report of an aircraft operator shall notify the Authority

and the National Accreditation Board (Malta) of the planned time

and place of the verification and the identity of the aircraft operator

whose annual emissions report is subject to its verification by not

later than 30 days prior to the date when the verification is to be

performed.

(1) The Authority may perform any checks it deems

necessary to ensure that a report submitted by an aircraft operator

is in accordance with regulation 13 of these regulations.

(2) The Authority shall, on the basis of the information

included in the submitted report, the verification report submitted

in accordance with regulation 13 of these regulations and its own

checks, and by not later than 30 days after the date of submission

of the report, determine whether it can accept the submitted report.

The Authority shall not accept a report of annual emissions for

which a verification report has not been submitted. The Authority

shall inform the aircraft operator, in writing or other documented

means, of its decision. Where it deems necessary, the Authority

may require the submission of a revised annual emissions report.

The revised annual emissions report shall be verified in accordance

with regulation 13 of these regulations.

(3) Where, in respect of any monitoring year, an

aircraft operator does not submit a verified emissions report in

accordance with regulation 13 of these regulations 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

regulation 13 of these regulations, the Authority may, unless there

is a written agreement between the Authority and the aircraft

operator providing otherwise, itself determine the emissions for

aviation activities performed by the aircraft operator for such year

for which the verified report was not submitted. The Authority

shall use best available data and ensure 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 Schedules 3 and 4 to these

regulations

Provided that the Authority shall notify the aircraft

operator of the emissions as determined and the methodology used

to determine such emissions.

(1) An aircraft operator who fails to submit a

monitoring plan in accordance with regulation 12 of these

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

to the imposition of an administrative fine of five thousand euro

(€5,000) and, or, one hundred euro (€100) for each day of non-

compliance, from the date of a notice given by the Authority to the

operator.

(2) An aircraft operator who fails to monitor annual

emissions in accordance with regulation 12 of these regulations

or fails to submit an annual emissions report in accordance with

regulation 13 of these regulations in respect of the years 2010 and

2011, shall be liable to the imposition of an administrative fine of

five thousand euro (€5,000) and, or, one hundred euro (€100) for

each day of non-compliance, from the date of a notice given by the

Authority to the operator.

(3) An aircraft operator who fails to submit a

monitoring and reporting plan in accordance with regulation 12 of

these regulations 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

(a) for an aircraft operator whose emissions for the

first calendar year of the period for which the plan relates or

for the first year of performing an activity covered by these

regulations during the period for which the plan relates

are less than ten thousand (10,000) tonnes carbon dioxide

equivalents, of an administrative fine of one thousand euro

(€1,000) and, or, fifty euro (€50) for each day of non-

compliance, from the date of a notice given by the Authority

to the operator;

(b) for an aircraft operator whose emissions for the

first calendar year of the period for which the plan relates or

for the first year of performing an activity covered by these

regulations during the period for which the plan relates

are equal to or greater than ten thousand (10,000) tonnes

carbon dioxide equivalents and equal to or less than fifty

thousand (50,000) tonnes carbon dioxide equivalents, of an

administrative fine of five thousand euro (€5,000) and, or,

one hundred euro (€100) for each day of non-compliance,

from the date of a notice given by the Authority to the

operator;

B B 3965

(c) for an aircraft operator whose emissions for the

first calendar year of the period for which the plan relates or

for the first year of performing an activity covered by these

regulations during the period for which the plan relates

are more than fifty thousand (50,000) tonnes of carbon

dioxide equivalents and equal to or less than fifty hundred

thousand (500,000) tonnes carbon dioxide equivalents, of an

administrative fine of ten thousand euro (€10,000) and, or,

three hundred euro (€300) for each day of non-compliance,

from the date of a notice given by the Authority to the

operator;

(d) for an aircraft operator whose emissions for the

first calendar year of the period for which the plan relates or

for the first year of performing an activity covered by these

regulations during the period for which the plan relates are

more than five hundred thousand (500,000) tonnes of carbon

dioxide equivalents, of an administrative fine of fifty thousand

euro (€50,000) and, or, six hundred euro (€600) for each day

of non-compliance, from the date of a notice given by the

Authority to the operator.

(4) An aircraft operator who fails to monitor annual

emissions during a year in accordance with regulation 12 of these

regulations or fails to submit a verified annual emissions report

in respect of a year in accordance with regulation 13 of these

regulations 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

(a) for an aircraft operator whose emissions for that

year are less than ten thousand (10,000) tonnes carbon

dioxide equivalents, of an administrative fine of one thousand

euro (€1,000) and, or, fifty euro (€50) for each day of non-

compliance, from the date of a notice given by the Authority

to the operator;

(b) for an aircraft operator whose emissions for that

year are equal to or greater than ten thousand (10,000) tonnes

carbon dioxide equivalents and equal to or less than fifty

thousand (50,000) tonnes carbon dioxide equivalents, of an

administrative fine of five thousand euro (€5,000) and, or, one

hundred euro (€100) for each day of non-compliance, from

the date of a notice given by the Authority to the operator;

(c) for an aircraft operator whose emissions for that

year are more than fifty thousand (50,000) tonnes of carbon

dioxide equivalents and equal to or less than fifty hundred

thousand (500,000) tonnes carbon dioxide equivalents, of an

administrative fine of ten thousand euro (€10,000) and, or,

three hundred euro (€300) for each day of non-compliance,

from the date of a notice given by the Authority to the

operator;

(d) for an aircraft operator whose emissions for that

year are more than five hundred thousand (500,000) tonnes of

carbon dioxide equivalents, of an administrative fine of fifty

thousand euro (€50,000) and, or, six hundred euro (€600) for

each day of non-compliance, from the date of a notice given

by the Authority to the operator.

(5) For the purposes of determining the administrative

fine under this regulation, where the emissions of the aircraft

operator are not known or are not reported or where the Authority

is satisfied that there is no reasonable possibility that a verified

quantity of emissions will be reported by the aircraft operator, the

Authority may itself determine the emissions from the activities

performed by the aircraft operator. The Authority shall use best

available data and ensure that a conservative estimate is made

that does not underestimate emissions. The aircraft operator shall

be liable to the imposition of an administrative fine equal to the

amounts established in sub-regulations (3) and (4) in respect of the

quantity of emissions estimated in terms of this sub-regulation.

(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 verified emissions during the preceding calendar year

from aviation activities listed in Schedule 1 to these regulations as

reported in accordance with regulation 13 of these regulations.

(2) An aircraft operator may surrender Chapter II and

Chapter III allowances. 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 this regulation.

(3) The national registry administrator shall cancel

allowances surrendered in accordance with sub-regulation (1) of

this regulation.

B B 3967

(4) The national registry administrator shall cancel

allowances at any time at the request of an aircraft operator holding

those allowances.

(5) Surrender and cancellation of allowances shall

be carried out in accordance with the relevant decisions and

regulations adopted by the Commission pursuant to Directive

2003/87/EC.

(6) 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.

(7) Any aircraft operator who does not surrender

sufficient allowances by the 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. From 1st January 2013, where,

for the year in respect of which an aircraft operator does not

surrender sufficient allowances to cover emissions during that

year in accordance with sub-regulation (1), the annual average

Harmonized European Index of Consumer Prices published shows

a percentage increase as compared to the Harmonized European

Index of Consumer Prices published for the previous year, the

administrative fine shall be increased by the same percentage. The

administrative fine as revised pursuant to this sub-regulation shall

apply to subsequent years unless further increased in accordance

with the Harmonized European Index of Consumer Prices. 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.

(8) The imposition of an administrative fine as

prescribed in sub-regulation (6) 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.

(9) Where an aircraft operator fails to surrender

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

the national registry administrator shall not allow the transfer of

allowances or any other accounting units out of the aircraft operator

holding account of that aircraft operator until the aircraft operator

complies with the requirement to surrender allowances

Provided that the national registry administrator shall

not prevent the surrender of allowances in accordance with sub-

regulation (1) of this regulation or the cancellation of allowances

in accordance with sub-regulation (4) of this regulation, or

the issuance of allowances in exchange for CERs or ERUs in

accordance with regulations 17 or 18 of these regulations.

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

December, 2012 an aircraft operator may use CERs and ERUs up

to a quantity equivalent to 15% of the total emissions, in tonnes

of carbon dioxide equivalents, in respect of which allowances

are required to be surrendered pursuant to regulation 16 of these

regulations.

(2) The use of CERs or ERUs by an aircraft operator

pursuant to sub-regulation (1) 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 to be surrendered held

by that aircraft operator in the Union registry. CERs and ERUs

used in accordance with this regulation by an aircraft operator to

meet obligations under regulation 16 of these regulations shall be

subsequently cancelled.

(3) 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

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

regulation

Provided that CERs and ERUs from land use, land use change

and forestry activities and, CERs and ERUs generated from nuclear

facilities, may not be so used.

(1) To the extent that the levels of CER and ERU

use, allowed to an aircraft operator for the period from 1st January

2012 to 31st December 2012 have not been used up, or where

an entitlement to use credits is granted under sub-regulation (5)

of this regulation, the aircraft operator may request to be issued

allowances to him valid from 2013 onwards in exchange for CERs

and ERUs issued in respect of emission reductions up to 2012 from

project types which were eligible for use in the Union scheme

during the period from 1st January 2008 to 31st December 2012.

B B 3969

Until 31st March 2015, the Authority shall make such an exchange

on request.

(2) To the extent that the levels of CER and ERU

use, allowed to an aircraft operator for the period 1st January

2012 to 31st December 2012 have not been used up, or where an

entitlement to use credits is granted under sub-regulation (5) of this

regulation, the aircraft operator may exchange CERs and ERUs

issued in respect of emission reductions from 2013 onwards from

project types that were registered before 2013 and which were

eligible for use in the Union scheme during the period 1st January

2008 to 31st December 2012, for allowances valid from 2013

onwards.

(3) To the extent that the levels of CER and ERU

use, allowed to an aircraft operator for the period 1st January

2012 to 31st December 2012, have not been used up, or where an

entitlement to use credits is granted under sub-regulation (5) of

this regulation, the aircraft operator may exchange CERs issued

in respect of emission reductions from 2013 onwards from project

types started from 2013 onwards in Least Developed Countries

and which were eligible for use in the Community scheme during

the period from 1st January 2008 to 31st December 2012, for

allowances valid from 2013 onwards. This sub-regulation shall

apply until such countries have ratified a relevant agreement with

the Union or until 2020, whichever is the earlier.

(4) To the extent that the levels of CER and ERU

use, allowed to an aircraft operator for the period 1st January

2012 to 31st December 2012 have not been used up, or where

an entitlement to use credits is granted under sub-regulation

(5) of this regulation, the aircraft operator may use credits from

projects or other emission reducing activities in accordance with

any agreements that may be concluded by the Union with third

countries, up to levels of use as specified in such agreements, to

comply with obligations under these regulations.

(5) For the period 1st January 2013 to 31st December

2020 an aircraft operator shall be entitled to use an additional

quantity of CERs and ERUs up to an amount corresponding to

a percentage of its verified emissions during the period from 1st

January 2013 to 31st December 2020, as may be established by the

Commission pursuant to Directive 2003/87/EC.

(6) For the purposes of this regulation, aircraft

operators shall not use CERs or ERUs for which restrictions on

use apply in accordance with relevant decisions and regulations

adopted by the Commission pursuant to Directive 2003/87/EC.

No CERs or ERUs shall be issued for reductions or

limitations of greenhouse gas emissions with respect to aviation

activities falling within the scope of these regulations.

(1) Where an aircraft operator fails to comply with the Operating ban.

requirements of these regulations and where enforcement measures

fail to ensure compliance, the Authority may, after consultation

with the regulatory authority responsible for aviation, ask the

Minister to request the Commission to decide on the imposition

of an operating ban on that aircraft operator. Such a request shall

be made in accordance, where applicable, with decisions and

regulations adopted by the Commission pursuant to Directive

2003/87/EC.

(2) The Minister, before requesting the Commission

to decide on the imposition of an operating ban on an aircraft

operator, shall serve a notice to the aircraft operator which shall

include

(a) evidence that the aircraft operator has not complied

with its obligations under these regulations and any decisions

and regulations adopted by the Commission pursuant to

Directive 2003/87/EC; and

(b) information on enforcement action which has been

taken in respect of the aircraft operator; and

(c) a draft of the request that the Minister intends to

submit to the European Commission under sub-regulation (1).

The aircraft operator shall be given an opportunity to make

submissions to the Minister, within a period of time indicated in

the notice, which shall be of not more than 20 days, before the

Minister submits a request for an operating ban to the Commission.

(3) The request made by the Minister to the

Commission pursuant to sub-regulation (1) shall include

(a) evidence that the aircraft operator has not complied

with its obligations under these regulations and any decisions

and regulations adopted by the Commission pursuant to

Directive 2003/87/EC; and

B B 3971

(b) information on enforcement action which has been

taken in respect of the aircraft operator; and

(c) a justification for the imposition of an operating

ban at Union level; and

(d) a recommendation for the scope of the operating

ban and any conditions that should be applied.

Decisions related to the allocation of allowances to

aircraft operators and reports of emissions submitted in accordance

with regulation 10 shall be made available to the public 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 and that information

covered by professional secrecy may not be disclosed to any

other person or authority except by virtue of the applicable laws,

regulations, administrative provisions and, or, the provisions of the

Professional Secrecy 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.

The Authority may require that submissions of

applications, monitoring and reporting plans and reports under

these regulations are made in the form and manner and by means

of the medium as specified by it.

The revenue from the auctioning of allowances, after

deducting the audited costs to administer the scheme agreed to

between the Ministry of Finance, the Economy and Investment and

the Authority, shall accrue to the consolidated fund.

The Administrative Review Tribunal shall have

jurisdiction to hear and determine appeals from decisions of the

Authority made under these regulations.

The European Community Greenhouse Gas Emissions

Trading Scheme for Aviation Regulations, 2010, are hereby being

revoked.

Schedule 1

Regulations 1(2), 3, 4(2), 4(6)(b), 5(1)(a), 5(3)(a), 6(1), 12(1), 12(9) and 16(1).

Categories of Activities to which these Regulations Apply

Activities

Aviation

Flights which depart from or arrive in an aerodrome situated in the

territory of 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 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 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 B 3975

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 )

Schedule 3

Regulations 6(2)(a), 12(3)(a), 13(1)(a) and 14(3).

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 (2) of regulation 13 of these regulations

A. Data identifying the aircraft operator, including

(i) name of the aircraft operator,

(ii) its administering Member State,

B B 3977

(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 to these regulations,

(v) the number and issuing authority of the air operator certificate and operating licence

under which the aviation activities listed in Schedule 1 to these regulations were

performed,

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

(vii) name of the aircraft owner.

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 within the aviation activities listed in Schedule 1 to these

regulations, 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 to these regulations, 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 to these regulations, 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 to these

regulations, 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 perform the aviation activities listed in Schedule 1 to these

regulations;

B B 3979

(v) the number and issuing authority of the air operator certificate and operating licence

under which the aviation activities listed in Schedule 1 to these regulations 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 to these

regulations.

Schedule 4

Regulations 7(1)(a), 13(3)(a) and 14(3).

Criteria for Verification

General Principles

1. Emissions from flights falling within aviation activities listed in Schedule 1 to these

regulations shall be subject to verification.

2. The verification process shall include consideration of the report pursuant to sub-

regulation (2) of regulation 13 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

(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).

B B 3981

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 (2) of regulation 13 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 (2) of regulation 13 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

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 Directive 2003/87/EC 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 to these regulations 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

B B 3983

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 to these regulations for which the aircraft

operator is responsible have been taken into account in that operator’s application under

regulation 4 and regulation 5 of these regulations. 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.

€3.69