Scheme for Aviation (Amendment) Regulations, 2015

L.N. 114 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

European Union Greenhouse Gas Emissions Trading

Scheme for Aviation (Amendment) Regulations, 2015

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 Sustainable

Development, the Environment and Climate Change and the Minister

for Energy and Health in consultation with the Minister for Tourism,

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

Greenhouse Gas Emissions Trading Scheme for Aviation

(Amendment) Regulations, 2015 and these regulations shall be read

and construed as one with the European Union Greenhouse Gas

Emissions Trading Scheme Regulations, hereinafter referred to as

"the principal regulations".

Sub-regulation (2) of regulation 1 of the principal

regulations shall be substituted by the following

"(2) These regulations provide for the implementation in

Malta of the European Union scheme for greenhouse gas

emission 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, and Regulation (EU) No 421/2014."

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definition "greenhouse gases"

shall

be

substituted with the following new definition

" "greenhouse gases" means the gases listed in

Schedule 2 and other gaseous constituents of the

atmosphere, both natural and anthropogenic, that absorb

and re-emit infrared radiation;";

(b) immediately after the definition "other accounting

units", there shall be added the following new definition

" "other relevant legal bodies" means any other

entities, public or private which, by virtue of the provisions

found in these regulations are obliged to act, provide

information, direct or re-direct any action or actions, or

inform or report to any other indicated body. This shall

also include any other specified bodies or persons to which

these regulations may apply;";

(c) immediately after the definition "Regulation (EC)

No. 748/2009", there shall be added the following new

definition

" "Regulation (EU) No. 421/2014" means

Regulation (EU) No 421/2014 of the European Parliament

and of the Council of 16 April 2014 amending Directive

2003/87/EC establishing a scheme for greenhouse gas

emission allowance trading within the Community, in view

of the implementation by 2020 of an international

agreement applying a single global market-based measure

to international aviation emissions;".

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following

the principal

regulations.

"3.

These regulations shall apply to

(a) aircraft operators performing aviation

activities listed in Schedule 1, resulting in emissions of

greenhouse gases specified in respect of those activities,

and

(i) who have a valid operating licence granted by

Malta in accordance with the provisions of

Regulation (EC) No. 1008/2008; or

(ii) 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; and

(b) to any other relevant legal bodies on which

these regulations put any obligation.".

Immediately after sub-regulation (3) of regulation 20, there

shall be added the following new sub-regulation

"(4) The Authority for Transport in Malta shall ensure

that a decision adopted by the Commission pursuant to

Directive 2003/87/EC to impose an operating ban on an aircraft

operator is enforced within the territory of Malta. The Minister

responsible for aviation shall inform the Commission of any

measures taken to enforce such a decision.".

Immediately after regulation 24 of the principal

regulations, there shall be added the following new regulation

(1) Without prejudice to the generality of these

regulations and by way of derogation from regulations 12,

13, 14, 15 and 16, the Authority shall consider the

requirements set out in those regulations to be satisfied and

shall not take action against aircraft operators in respect of

(a)

all emissions from flights to and from

aerodromes located in countries outside the European

Economic Area in each calendar year from 1st

January, 2013 to 31st December, 2016;

(b) all emissions from flights between an

aerodrome located in an outermost region within the

meaning of Article 349 of the Treaty on the

Functioning of the European Union and an aerodrome

located in another region of the European Economic

Area in each calendar year from 1st January, 2013 to

31st December, 2016;

(c)

the

surrender

of

allowances,

corresponding to verified 2013 emissions from flights

between aerodromes located in Member States, taking

place by the 30th April, 2015 instead of 30th April,

2014, and verified 2013 emissions for those flights

being reported by 31st March, 2015 instead of 31st

March, 2014.

(2) For the purposes of regulations 12, 13, 14, 15, 16

and 17, the verified emissions from flights other than those

referred to in sub-regulation (1) shall be considered to be

the verified emissions of the aircraft operator.

(3) By way of derogation from regulation 5 and sub-

regulation (1) of regulation 11, an aircraft operator

benefitting from the derogations provided for in paragraphs

(a) and (b) of sub-regulation (1), shall be issued a number

of free allowances reduced in proportion to the reduction of

the surrender obligation provided for in those paragraphs.

(4) For aviation activities performed in the period

1st January, 2013 to 31st December 2016, the Authority

shall publish the number of free Chapter II allowances

allocated to each aircraft operator by 1st September, 2014.

(5) By way of derogation from sub-regulation (1) of

regulation 12, an aircraft operator shall not be required to

submit a monitoring plan in respect of flights which are

subject to the derogations provided for in paragraphs (a)

and (b) of sub-regulation (1).".

7. Schedule 1 to the principal regulations shall be amended as Amends

Schedule 1 to

the principal

regulations.

(a) in item (j) thereof, the words "10,000 tonnes per

year." shall be substituted by the words "10,000 tonnes per

(b) immediately after item (j) thereof as amended, there

shall be added the following new item

"(k) from 1st January 2013 to 31st December, 2020,

flights which, but for this item, would fall within this activity,

performed by a non-commercial aircraft operator operating

flights with total annual emissions lower than 1,000 tonnes per

€0.45