Scheme for Aviation Regulations, 2012

L.N. 403 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 Title and scope.

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.

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 Interpretation.

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 Schedule 1 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, as specified in respect of that

activity;

"base year" means, for the purposes of regulation 3(b), in

relation to an aircraft operator which started operating in the Union

after 1 st January 2006, the first calendar year of operation, and in all

other cases, the calendar year starting on 1 st 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, 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 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;

"Directive 2008/101/EC" means Directive 2008/101/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;

"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;

"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 National

Accreditation Board (Malta) established by the National

Accreditation Board (Malta) (Establishment) Regulations;

"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 license" 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) 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);

"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 21 st 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, 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 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.

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

(1)

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

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) may be made by submitting to the Authority

verified tonne-kilometre data for the aviation activities listed in

Schedule 1 performed by that aircraft operator for the monitoring

year. For the purposes of this regulation

the monitoring year for the period from 1 st January,

(a)

2012 to 31 st December, 2012 shall be 2010;

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

January, 2013 shall be 2010; and

(c)

the monitoring year for subsequent periods shall be

the calendar year ending twewnty-four months before the start

of the period to which the application relates.

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

submitted to the Authority

in relation to the period from 1 st January, 2012 to

(a)

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

st

(b) in relation to the period beginning 1 st January, 2013,

by 31 st March, 2011;

(c)

in relation to subsequent periods, by at least twenty-

one 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), if it is satisfied

that the application is in accordance with the provisions of this

regulation and that the aircraft operator who submitted the application

has complied with regulations 6 and 7.

(5) The Authority shall submit to the Commission any

application pursuant to sub-regulation (4)

in relation to the period from 1 st January 2012 to the

(a)

31 st December, 2012, by 30 th June, 2011;

(b) in relation to the period beginning 1 st January, 2013,

by 30 th June, 2011;

(c)

in relation to subsequent periods, by at least

eighteen 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.

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

subsequent period, an aircraft operator may apply for a free allocation free

from special

of Chapter II allowances from the special reserve set aside pursuant to reserve

aircraft

Article 3(f) of Directive 2003/87/EC as amended by Directive 2008/ operators.

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 after the monitoring year for which tonne-

kilometre data had to be submitted in respect of the period

beginning 1 st 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 in

respect of the period beginning 1 st 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) 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 30 th June of the third year of

the period to which the application relates.

(3) An application under sub-regulation (2) shall

(a)

include verified tonne-kilometre data for the

aviation activities listed in Schedule 1 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) are fulfilled; and

(c)

in the case of an aircraft operator falling within sub-

regulation (1)(b), 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 in respect of the period beginning 1 st 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 in respect of the period beginning 1 st 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 in respect of the period beginning 1 st January,

2013 or a subsequent period and the second calendar year

of that period which exceeds the percentage specified in

sub-regulation (1)(b).

(4) The Authority shall submit to the Commission any

application received pursuant to sub-regulation (2), 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. The Authority shall submit any such application

by not later than the 31 st 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); 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 in sub-regulation (5)(a) shall be

calculated by multiplying the benchmark set out in the Commission

decision referred to in sub-regulation (5) in the case of

(a)

an aircraft operator falling within sub-regulation

(1)(a) whose application was submitted to the Commission

pursuant to sub-regulation (4), by the tonne-kilometre data

included in the application submitted to the Commission;

(b) an aircraft operator falling within sub-regulation

(1)(b), whose application was submitted to the Commission

pursuant to sub-regulation (4), by the absolute growth in tonne-

kilometres exceeding the percentage specified in sub-regulation

(1)(b) included in the application submitted to the Commission.

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

allocation of Chapter II allowances under sub-regulation (1)(b) shall

not exceed one million Chapter II allowances.

(1)

An aircraft operator who intends to submit an

application for free Chapter II allowances pursuant to regulations 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. The plan shall be submitted by not later

than one hundred and twenty 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; 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.

(3) The monitoring plan submitted by an aircraft operator

pursuant to sub-regulation (1) 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 regulations 4 or 5.

(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), 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 Verification of

operator pursuant to regulations 4 or 5 shall be verified by a verifier tonne-kilometre

data for aviation

in accordance with

activities.

(a)

the principles set out in Schedule 4; 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.

(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 thirty

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.

(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 and its own checks,

and by not later than thirty 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.

(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.

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

year subsequent to the 28 th February, 2012, issue to each aircraft allowances

allocated to

operator the number of Chapter II allowances allocated to that aircraft aircraft

operators and

operator for that year as determined under regulation 4(6)(b) or validity of

regulation 5(5)(b). Issuance of allowances shall be carried out in allowances.

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) in the aircraft

operator’s holding account held in the Union registry.

(3) Chapter II allowances issued in accordance with sub-

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

December, 2012, the period beginning 1 st 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 1 st 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 16.

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

(6) Where Chapter II allowances are issued to an aircraft

operator in respect of a year pursuant to sub-regulation (1), 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 in

regulation (4)(6)(b) or regulation 5(5)(b), 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. A monitoring plan shall be submitted by an aircraft

operator to the Authority at the latest one hundred and twenty days

before the aircraft operator commences aviation activities listed in

Schedule 1

Provided that, where an aircraft operator performs an

aviation activity listed in Schedule 1 for the first time that could not

be foreseen before one hundred and twenty 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, after it performs an aviation activity listed in Schedule 1

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; 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) 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.

(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 1 st January, 2013 and

each subsequent period and submit a revised monitoring plan as

appropriate.

(8) An aircraft operator shall

from the monitoring year 1 st January, 2010 to 31 st

(a)

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

monitor emissions from aircraft which it operates that perform

aviation activities listed in Schedule 1, during each monitoring year.

(9) Without prejudice to sub-regulation (4), 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, for each monitoring year

in accordance with

(a)

the principles set out in Schedule 3; 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 31 st March of the

subsequent year.

(3) The report submitted by an aircraft operator pursuant to

sub-regulation (2) shall be verified by a verifier in accordance with

(a)

the principles set out in Schedule 4; 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 31 st 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, or the issuance of allowances in exchange for

CERs or ERUs in accordance with regulations 17 or 18.

(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

thirty 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.

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

included in the submitted report, the verification report submitted in

accordance with regulation 13 and its own checks, and by not later

than thirty 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.

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

operator does not submit a verified emissions report in accordance

with regulation 13 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, 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

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 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 or fails to submit an annual

emissions report in accordance with regulation 13 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 in respect of the

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

beginning 1 st 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;

(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 five 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 or fails to submit a

verified annual emissions report in respect of a year in accordance

with regulation 13 in respect of the period from 1 st January, 2012 to

31 st December, 2012, the period beginning 1 st 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 Surrender and

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

allowances.

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 as reported in accordance with

regulation 13.

(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).

(3) The national registry administrator shall cancel allowances

surrendered in accordance with sub-regulation (1).

(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).

(7) Any aircraft operator who does not surrender sufficient

allowances by the 30 th April of each year as required by sub-

regulation (1) 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 1 st

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) 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), 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) or the cancellation of allowances in accordance with

sub-regulation (4), or the issuance of allowances in exchange for

CERs or ERUs in accordance with regulations 17 or 18.

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

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.

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

2012. to sub-regulation (1) 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 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)

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, Use of CERs

allowed to an aircraft operator for the period from 1 st January 2012 to and

project activities

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

emissions

to use credits is granted under sub-regulation (5), the aircraft operator trading scheme

for the period 1 st

may request to be issued allowances to him valid from 2013 onwards January

in exchange for CERs and ERUs issued in respect of emission 31 st December

reductions up to 2012 from project types which were eligible for use 2020.

in the Union scheme during the period from 1 st January 2008 to 31 st

December 2012. Until 31 st 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 1 st January 2012 to 31 st

December 2012 have not been used up, or where an entitlement to use

credits is granted under sub-regulation (5), 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 1 st January 2008 to 31 st 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 1 st January 2012 to 31 st

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

use credits is granted under sub-regulation (5), 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 Union

scheme during the period from 1 st January 2008 to 31 st 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 1 st January 2012 to 31 st

December 2012 have not been used up, or where an entitlement to use

credits is granted under sub-regulation (5), 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 1 st January 2013 to 31 st 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 1 st January 2013 to 31 st

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

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 twenty 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) 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 Access to

operators and reports of emissions submitted in accordance with information,

disclosure of

regulation 10 shall be made available to the public in accordance with information

professional

the Freedom of Access to Information on the Environment secrecy.

Regulations

Provided that any access to personal data shall be made in

accordance with the Data Protection Act and that information covered Cap. 440.

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 Cap. 377.

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 Submission of

applications, monitoring and reporting plans and reports under these applications,

monitoring and

regulations are made in the form and manner and by means of the reporting

and reports.

medium as specified by it.

The revenue from the auctioning of allowances, after Revenue

deducting the audited costs to administer the scheme agreed to accruing

the auctioning

between the Minister responsible for finance and the Authority, shall of allowances.

accrue to the Consolidated Fund.

The Administrative Review Tribunal shall have Administrative

jurisdiction to hear and determine appeals from decisions of the Review

Tribunal.

Authority made under these regulations.

The European Union Greenhouse Gas Emissions Trading

Scheme for Aviation Regulations, 2012 are hereby being revoked,

without prejudice to anything done or omitted to be done thereunder.

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.

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 in

regulation 13(2)

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.

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, 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, 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;

‘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

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;

(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,

(vii) name of the aircraft owner.

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)(a), 13(3)(a) and 14(3)

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 regulation 13(2) 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).

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 regulation 13(2) is satisfactory. This report shall

specify all issues relevant to the work carried out. A statement that the report

pursuant to regulation 13(2) 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

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 regulations 4(2)

and 5(2).

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 regulations 4 and 5. 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.

€3.24