Scheme for Aviation (Amendment) Regulations, 2013

L.N. 97 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

European Union Greenhouse Gas Emissions Trading

Scheme for Aviation (Amendment) Regulations, 2013

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

The title of these regulations is the European Union Citation.

Greenhouse Gas Emissions Trading Scheme for Aviation

(Amendment) Regulations, 2013 and these regulations shall be read

and construed as one with the European Union Greenhouse Gas S.L. 504.115

Emissions Trading Scheme Regulations, hereinafter referred to as

"the principal regulations".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a)

sub-regulation (1) thereof shall be substituted by the

following

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

year of the period starting 1st January, 2013 and

subsequent periods as referred to in regulation 4(1), issue

to each aircraft operator the number of Chapter II

allowances allocated to that aircraft operator for that year

as determined under regulation 4(6)(b) or regulation

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

accordance with the relevant decisions and regulations

adopted by the Commission pursuant to Directive 2003/87/

E.";

(b) sub-regulation (3) thereof shall be substituted by the

following

"(3) Chapter II allowances allocated in accordance

with regulation 4 and issued in respect of the period from

1st January, 2012 to 31st December, 2012 shall be valid for

emissions during that period. Chapter II allowances issued

in accordance with sub-regulation (1) in respect of the

period beginning 1st January 2013 and subsequent periods

shall be valid for emissions during the period for which

they are issued."; and

(c)

sub-regulation (6) thereof shall be substituted by the

following

"(6) Where Chapter II allowances have been

issued to an aircraft operator with respect to the period

from 1st January, 2012 to 31st December 2012, or with

respect to a year pursuant to sub-regulation (1), and, when,

in accordance with relevant decisions and regulations

adopted by the Commission pursuant to Article 25(a) 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 decreased, the

aircraft operator shall restitute a quantity of allowances

equivalent to the amount by which the allocation has been

so decreased.".

€0.18