Aviation (Amendment) Regulations, 2024

L.N. 314 of 2024

CLIMATE ACTION ACT

(CAP. 643)

European Union Greenhouse Gas Emissions Trading System For

Aviation (Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 27 of the

Climate Action Act, the Minister responsible for climate action policy

and the Minister responsible for justice, after consultation with the

Climate Action Authority, have made the following regulations:-

The title of these regulations is the European Union

Greenhouse Gas Emissions Trading System for Aviation (Amendment)

Regulations, 2024 and these regulations shall be read and construed as

one with the European Union Greenhouse Gas Emissions Trading

System for Aviation Regulations, hereinafter referred to as the

"principal regulations".

Sub-regulation (3) of regulation 1 of the principal

regulations shall be substituted by the following

"(3) The scope of these regulations is to

(a)

transpose

(i)

Directive 2003/87/EC;

(ii) Directive

2004/101/EC

amending

Directive 2003/87/EC;

(iii) Directive

2008/101/EC

amending

Directive 2003/87/EC;

(iv) Directive

2009/29/EC

amending

Directive 2003/87/EC;

(v) Decision (EU)

2015/1814

amending

Directive 2003/87/EC;

(vi) Directive (EU)

2018/410

amending

Directive 2003/87/EC;

(vii) Directive (EU)

2023/958

amending

Directive 2003/87/EC;

(viii) Directive (EU)

2023/959

amending

Directive 2003/87/EC; and

(b) implement the requirements of Regulation (EU)

2017/2392 amending Directive 2003/87/EC.".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) the definition "aviation emissions or emissions"

thereof shall be substituted by the following definition

" "aviation emissions" or "emissions" means the

release of greenhouse gases from an aircraft performing an

aviation activity listed in Schedule 1 and, or Schedule 1A,

as specified in respect of that activity;";

(b) immediately after the definition "confidential

information" thereof there shall be added the following new

definition

" "CORSIA" means the Carbon Offsetting and

Reduction Scheme for International Aviation of the

International Civil Aviation Organisation;";

(c) immediately after the definition "Directive (EU)

2018/410" thereof there shall be added the following new

definition

" "Directive (EU) 2023/958" means Directive (EU)

2023/958 of the European Parliament and of the Council of

10 May 2023 amending Directive 2003/87/EC as regards

aviation’s contribution to the Union’s economy-wide

emission reduction target and the appropriate

implementation of a global market-based measure;";

(d) immediately after the definition "Eurocontrol"

thereof there shall be added the following new definition

" "European Economic Area" means the area

composed of the State parties to the agreement on the

European Economic Area signed in Oporto on the 2 nd May,

1992, and the Protocol adjusting that agreement, signed in

Brussels on 17 th March, 1993;";

(e) immediately after the definition "greenhouse gases"

thereof there shall be added the following new definition

" "ICAO" means the International Civil Aviation

Organisation;";

(f) immediately after the definition "national registry

administrator" thereof there shall be added the following new

definition

" "non-CO 2 aviation effects" means the effects on the

climate of the release, during fuel combustion, of oxides of

nitrogen (NO x ), soot particles, oxidised sulphur species,

and effects from water vapour, including contrails, from an

aircraft performing an aviation activity listed in Schedule

I;";

(g) immediately after the definition "other relevant legal

bodies" thereof there shall be added the following new

definition

" "Paris Agreement" means the Paris Agreement

which is an international treaty on climate change which

entered into force on 4 th November 2016;".

Immediately after paragraph (a) of regulation 3 of the

principal regulations there shall be added the following new

paragraph

"(aa) for the purposes of regulations 12(8), 24B, 24C and

24D, aircraft operators performing aviation activities listed in

Schedule 1A, resulting in emissions of greenhouse gases

specified in respect of those activities and that hold an air

operator certificate issued by Malta or that are registered in

Malta; and".

Regulation 4 of the principal regulations shall be

substituted by the following new regulation

4. (1)

On a yearly basis, from the year starting

"Allocation of

free allowance

1 st January 2024 until the year ending 31st December

2030, a commercial aircraft operator may apply for an

allocation of allowances based on the quantity of each

eligible aviation fuel referred to in paragraph 6 of Article

3c of Directive 2003/87/EC used on flights for which

allowances have to be surrendered in accordance with

regulation 16 between 1st January 2024 and 31st

December 2030, excluding flights for which that

requirement is considered to be satisfied pursuant to sub-

regulation (1) of regulation 24A.

(2) An application pursuant to sub-regulation (1)

shall be made in accordance with relevant decisions and

regulations adopted by the Commission pursuant to

Directive 2003/87/EC.".

Regulation 5, 6, 7 and 8 of the principal regulations shall be Deletes

regulations 5, 6,

7 and 8 of the

principal

regulations.

Regulation 11 of the principal regulations shall be amended Amends

regulation 11 of

as follows

the principal

regulations.

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

following new sub-regulation

"(1) The Authority shall, by 30 th June of each year,

issue the quantity of free allowances that are to be allocated

for that year to each aircraft operator as determined in

accordance with paragraph (1a) of Article 3d of Directive

2003/87/EC."; and

(b) immediately after sub-regulation (1) thereof as

amended, there shall be added the following new sub-regulation

"(1a) The Authority shall issue the quantity of free

allowances that are to be allocated for that year to an

aircraft operator in accordance with regulation 4.".

Regulation 12 of the principal regulations shall be Substitutes

regulation 12 of

substituted by the following new regulation

the principal

regulations.

(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 and,

or Schedule 1A. A monitoring plan shall be submitted by

an aircraft operator to the Authority as soon as practicable

before the aircraft operator commences aviation activities

listed in Schedule 1 and, or, Schedule 1A

Provided that where an aircraft operator

performs an aviation activity listed in Schedule 1 and, or,

Schedule 1A for the first time that could not be foreseen

before the activity has taken place, a monitoring plan shall

be submitted to the Authority without undue delay after the

performance of the said activity or within a time-frame as

may be agreed upon between the aircraft operator and the

Authority

Provided further that where an aircraft operator

for whom Malta is designated as the administering Member

State in accordance with regulation 3, after it performs an

aviation activity listed in Schedule 1 and, or Schedule 1A

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 time-frame 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;

(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 in accordance with 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 soon as practicable before the deviation

occurs, if the deviation is known to the aircraft

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

aircraft operator or is not made known to the aircraft

operator before, or at the time of its occurrence.

Provided further that 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 the

proposed modifications that have to be made to the plan in

accordance with the relevant decisions and regulations

adopted by the Commission in accordance with Directive

2003/87/EC. The aircraft operator shall keep a documented

record of all modifications to the monitoring plan

Provided that the proposed significant

modifications to an approved plan shall not 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 regularly check if the

approved monitoring plan reflects the nature and function

of the aircraft operator and shall submit to the Authority

proposed modifications that have to be made to the plan, as

may be necessary.

(8) An aircraft operator shall monitor emissions

from aircrafts which it operates that perform aviation

activities listed in Schedule 1 and, or Schedule 1A, during

each monitoring year.

(9) From 1 st January 2025, an aircraft operator

shall monitor non-CO 2 effects from each aircraft that it

operates during each calendar year in accordance with

relevant decisions and regulations as adopted by the

Commission in accordance with Directive 2003/87/EC.

(10) 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 in

accordance with these regulations to ensure that an aircraft

operator is monitoring and reporting annual emissions in

accordance with the approved monitoring plan.".

9. In regulation 13 of the principal regulations, immediately Amends

after sub-regulation (6) thereof, there shall be added the following new regulation

the principal

sub-regulations

regulations.

"(7) From 1 st January 2025, an aircraft operator shall

report non-CO 2 aviation effects from each aircraft that it

operates during the previous calendar year, as monitored in

accordance with regulation 12(9), and in accordance with

relevant decisions and regulations as adopted by the Commission

pursuant to Directive 2003/87/EC.

(8) The report submitted by an aircraft operator pursuant

to sub-regulation (7) shall be verified by a verifier in accordance

with the relevant decisions and regulations as adopted by the

Commission pursuant to Directive 2003/87/EC.

(9) In respect of reports submitted pursuant to sub-

regulation (2) and sub-regulation (7), where an aircraft operator

operates on a very limited number of aerodrome pairs, or on a

very limited number of State pairs that are subject to offsetting

requirements, or on a very limited number of State pairs that are

not subject to offsetting requirements, that aircraft operator may

request the Authority not to publish such data at the aircraft

operator level, explaining why disclosure would be considered to

harm its commercial interests. Based on such a request, the

Authority may request the Commission to publish that data at a

higher level of aggregation.".

10. In regulation 16(1) of the principal regulations the words

"by 30th April each year" shall be substituted by the words "by the

30th September of each year".

11. Regulation 24 of the principal regulations shall be

substituted by the following new regulation

The Administrative Review Tribunal shall have

"Right of

appeal.

jurisdiction to hear and determine appeals from decisions of

the Authority made under these regulations in terms of the

Administrative Justice Act, which appeal shall be filed by

not later than twenty (20) days from the service of the said

Authority’s decision, wherein the aggrieved party shall

specify the reasons on the basis of which the said decision

of the Authority should be cancelled or modified

Provided that any party to the proceedings

before the Administrative Review Tribunal who feels

aggrieved by a decision of the said Tribunal, may appeal

to the Court of Appeal on a point of law in accordance

with the Code of Organization and Civil Procedure.

12. Regulation 24A of the principal regulations shall be

amended as follows

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

following new sub-regulation

"(1) By way of derogation from regulations 12, 13,

14, 15 and 16, the Authority shall consider the

requirements set out in those provisions to be satisfied and

shall take no action against an aircraft operator where that

aircraft operator performs an aviation activity listed in

Schedule 1 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 2023;

(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, 2023;

(c) all emissions from flights to and from

aerodromes located in countries outside the European

Economic Area, with the exception of flights to

aerodromes located in the United Kingdom or

Switzerland, in each calendar year from 1st January

2021 to 31st December 2026;

(d) all emissions from flights between an

aerodrome located in an outermost region within the

meaning of Article 349 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 2023; and

(e) emissions released until 31st December

2030 from flights between an aerodrome located in an

outermost region of a Member State and an

aerodrome located in the same Member State,

including another aerodrome located in the same

outermost region or in another outermost region of

the same Member State.";

(b)

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

following new sub-regulation

"(3) By way of derogation from sub-regulation (1),

an aircraft operator performing an aviation activity listed in

Schedule 1, benefitting from the derogations provided for

in paragraphs (a) to (e) 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"; and

(c) sub-regulation (5) thereof shall be substituted by the

following new sub-regulation

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

aircraft operators shall not be required to submit

monitoring plans setting out measures to monitor and

report emissions in respect of flights which are subject to

the derogations provided for in paragraphs (a) to (e) of sub-

regulation (1).".

13. Immediately after regulation 24A of the principal

regulations there shall be added the following new regulations

(1) In accordance with the methodology set

out in relevant decisions or regulations adopted by the

Commission in accordance with Directive 2003/87/EC,

the Authority shall calculate the offsetting requirements

for aircraft operators that fulfil the conditions set out in

paragraph (aa) of regulation 3, performing aviation

activities listed in Schedule 1A, each year, for the

preceding calendar year in respect of flights to, from and

between States that are listed in relevant decisions and

regulations adopted by the Commission in accordance

with Article 25a(3) of Directive 2003/87/EC, and in

respect of flights between Switzerland or the United

Kingdom and States that are listed in relevant decisions

and regulations adopted by the Commission in accordance

with Article 25a(3) of Directive 2003/87/EC. The

Authority shall, by 30 November each year inform the

aircraft operators of the calculated offsetting

requirements.

(2) In accordance with the methodology set out in

relevant decisions or regulations as adopted by the

Commission in accordance with Directive 2003/87/EC,

the Authority shall also calculate the total final offsetting

requirements for aircraft operators that fulfil the

conditions set out in paragraph (aa) of regulation 3,

performing aviation activities listed in Schedule 1A, for a

given CORSIA compliance period and, by 30 November

of the year following the last year of the relevant CORSIA

compliance period, inform those aircraft operators of the

calculated total final offsetting requirements.

(3) An aircraft operator that fulfils the conditions

set out in paragraph (aa) of regulation 3 shall cancel units

referred to in regulation 24C only in respect of the

quantity notified by the Authority to that aircraft operator

in respect of the relevant CORSIA compliance period in

accordance with sub-regulation (2). The cancellation shall

take place by 31 st January 2025 for emissions in the

period 2021 to 2023 and by 31 st January 2028 for

emissions in the period 2024 to 2026.

(1) An aircraft operator that fulfils the

conditions set out in paragraph (aa) of regulation 3,

performing aviation activities listed in Schedule 1A, shall

be able to use the following units to comply with their

obligations to cancel units in respect of the quantity

notified in accordance with regulation 24B

(a) credits authorised by parties participating

in the mechanism established under Article 6(4) of

the Paris Agreement;

(b) credits authorised by the parties

participating in crediting programmes which have

been considered eligible by the ICAO or its relevant

decision making bodies, as identified in relevant

decisions and regulations adopted by the

Commission in accordance with Directive 2003/87/

EC;

(c) credits from projects or other emission

reducing activities subject to agreements concluded

with third countries in accordance with Article 11a

of Directive 2003/87/EC;

(d) credits issued in respect of Union level

projects in accordance with Article 24a of Directive

2003/87/EC.

(2) Units referred to in paragraphs (a) and (b) of

sub-regulation (1), may be used if the following

conditions have been met

(a) they originate from a State that is a party

to the Paris Agreement at the time of use;

(b) they originate from a State that is listed

in relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC as

participating in ICAO’s CORSIA. This condition

shall not apply in respect of emissions released

before the year 2027, nor shall it apply in respect of

least developed countries or small island developing

States, as defined by the United Nations, other than

those identified in the relevant decisions and

regulations adopted by the Commission in

accordance with pursuant to Article 25a(3) of

Directive 2003/87/EC.

(3) Units referred to in paragraphs (a), (b) and (c)

of sub-regulation (1), may be used if arrangements are in

place for authorization by the participating parties, timely

adjustments are made to the reporting of anthropogenic

emissions by sources and removals by sinks covered by

nationally determined contributions of the participating

parties, and double counting and a net increase in global

emissions are avoided, and taking into account any

relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC.

(1) In respect of emissions released until 31

Non-surrender

December 2026 from flights to, or from States that are

listed in relevant decisions and regulations adopted by the

Commission in accordance with Article 25a(3) of

Directive 2003/87/EC, an aircraft operator that fulfils the

conditions set out in paragraph (aa) of regulation 3 shall

not be required to surrender allowances in accordance

with regulation 16 in respect of those emissions.

(2) In respect of emissions released until 31

December 2026 from flights between the EEA and States

that are not listed in relevant decisions and regulations

adopted by the Commission in accordance with Article

25a(3) of Directive 2003/87/EC, other than flights to

Switzerland and to the United Kingdom, an aircraft

operator that fulfils the conditions set out in regulation 3

(aa) of shall not be required to surrender allowances in

accordance with regulation 16 in respect of those

emissions.

(3) In respect of emissions from flights to, and

from least developed countries and small island

developing States as defined by the United Nations, other

than those identified in the relevant decisions and

regulations adopted by the Commission in accordance

with Article 25a(3) of Directive 2003/87/EC, an aircraft

operator that fulfils the conditions set out in regulation

3(aa) shall not be required to surrender allowances in

accordance with regulation 16 in respect of those

emissions.".

14. Schedule 1 to the principal regulations shall be substituted Substitutes

by the following new Schedule

"Schedule 1

Regulations 1(2), 2, 3, 4(2), 4(6)(b), 12(1), 12(9), 16(1) and 24A(3)

Categories of EU ETS Activities to which these Regulations apply

Activities

Greenhouse Gases

Flights which depart from, or

Carbon dioxide

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,

firefighting

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 five thousand and

seven hundred (5,700) kg;

(i) flights performed

in the framework of public

service obligations imposed

in

accordance

with

Regulation (EEC) No 1008/

2008 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 fifty

thousand (50,000) 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

(i) fewer than

two hundred and forty-

three (243) flights per

period for three (3)

consecutive four (4)-

month periods; or

(ii) flights with

total annual emissions

lower than ten thousand

(10,000) tonnes per

year

Provided that flights

referred to in paragraphs (l) and (m)

or 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;

(k) from 1 January 2013 to

31 December 2030, flights which,

but for this point, would fall within

this activity, performed by a non-

commercial

aircraft

operator

operating flights with total annual

emissions lower than one thousand

(1,000) tonnes of carbon dioxide

equivalent 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;

(l) flights from aerodromes

situated

in

Switzerland

to

aerodromes situated in the EEA;

(m) flights from aerodromes

situated in the United Kingdom to

aerodromes situated in the EEA.".

15. Immediately after Schedule 1 to the principal regulations

Adds new

Schedule to the

there shall be added the following new schedule

principal

regulations.

"Schedule 1A

Regulations 2, 3, 12, 24B and 24C

Categories of CORSIA Activities to which these regulations apply

Activities

Greenhouse Gases

Flights between aerodromes that

Carbon dioxide

are located in two (2) different States

that are listed in the implementing act

adopted pursuant to Article 25a(3) of

Directive 2003/87/EC and flights

between Switzerland or the United

Kingdom and States that are listed in

relevant decisions and regulations

adopted by the Commission pursuant

to Article 25a(3) of Directive 2003/87/

EC and, for the purposes of regulations

24B, 24C and 24D, any other flight

between aerodromes that are located in

two (2) different third countries by

aircraft operators that fulfill all of the

following conditions

(a) the aircraft operators

hold an air operator certificate

issued by a Member State or are

registered in a Member State,

including in the outermost

regions,

dependencies

and

territories of that Member State;

and

(b) they produce annual

CO 2 emissions greater than ten

thousand (10,000) tonnes from

the use of aeroplanes with a

maximum certified take-off

mass greater than five thousand

and seven hundred (5,700) kg

conducting flights covered by

this Schedule, other than those

departing and arriving in the

same Member State, including

outermost regions of the same

Member State, from 1 January

2021; for the purposes of this

paragraph, emissions from the

following types of flights shall

not be taken into account

(i) State flights;

(ii) humanitarian

flights;

(iii) medical flights;

(iv) military

flights;

(v) firefighting

flights;

(vi) flights

preceding or following a

humanitarian, medical or

firefighting

flight,

provided that such flights

were conducted with the

same aircraft and were

required to accomplish the

related

humanitarian,

medical or firefighting

activities or to reposition

the aircraft after those

activities for its next

activity.".

16. Schedule 3 to the principal regulations shall be substituted

Substitutes

Schedule 3 to

by the following new Schedule

the principal

regulations.

"Schedule 3

regulations 12(3)(a), 13(1)(a) and 14(3)

Principles for Monitoring and Reporting of Emissions 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 + 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 that complies with the

sustainability criteria and greenhouse gas emission saving criteria for

the use of biomass established by Directive (EU) 2018/2001, with any

necessary adjustments for application in accordance with the said

Directive, as set out in the implementing acts referred to in Article 14

of Directive 2003/87/EC, shall be zero. The emission factor for jet

kerosene (Jet A1 or Jet A) shall be 3.16 (t CO2/t fuel).

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

fuel.

Emissions from renewable fuels of non-biological origin using

hydrogen from renewable sources compliant with Article 25 of

Directive (EU) 2018/2001 shall be rated with zero emissions for the

aircraft operators using them until the implementing act referred to in

Article 14 of Directive 2003/87/EC is adopted.

Reporting of emissions

Each aircraft operator shall include the following information in

its report referred to 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 and, or Schedule

1A;

(v) the number and issuing authority of the air

operator certificate and operating licence under which the

aviation activities listed in Schedule 1 and, or Schedule 1A

were performed;

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

contact person; and

(vii) name of the aircraft owner.

B. For each type of fuel for which emissions are

calculated

(i)

fuel consumption;

(ii)

emission factor;

(iii) total aggregated emissions from all flights

performed during the period covered by the report which

fall within the aviation activities listed in Schedule 1 and,

or Schedule 1A 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 and, or Schedule 1A,

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 and, or Schedule 1A,

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.".

17. Immediately after the last item of the Second Schedule to Consequential

the Administrative Justice Act there shall be added the words amendment.

"European Union Greenhouse Gas Emissions Trading System for

Aviation S.L. 643.03, Superior/Inferior Competence".

€1.80