EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION REGULATIONS

SUBSIDIARY LEGISLATION 643.03

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION REGULATIONS

16th November, 2012

LEGAL NOTICE 403 of 2012, as amended by Legal Notices 97 of 2013

114 of 2015, 267 of 2019, 314 of 2024 and 142 of 2025.

(1) The title of these regulations is the European Union

G r e e n h o u s e G a s E m i s s i o n s Tr a d i n g S y s t e m f o r Av i a t i o n

Regulations.

(2) These regulations provide for the implementation in Malta

of the European Union system for greenhouse gas emissions

allowance trading, established by Directive 2003/87/EC, for

activities listed in Schedule 1 to these regulations, for the period

commencing 1st January, 2013, and any subsequent periods.

(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.

For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

"account holder" means a natural or legal person that holds an

account in the Union registry;

"aerodrome" means a defined area on land or water, including

buildings, installations and equipment, intended to be used either

wholly or in part for the arrival, departure and surface movement of

aircraft;

"aircraft operator" means the person who operates an aircraft at the

time it performs an aviation activity listed in Schedule 1 or Schedule

1A, 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 from an aircraft performing an aviation activity

listed in Schedule 1 and, or Schedule 1A, 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;

"CORSIA" means the Carbon Offsetting and Reduction Scheme

for International Aviation of the International Civil Aviation

Organisation;

"Decision (EU) 2015/1814" means Decision (EU) 2015/1814 of

the European Parliament and of the Council of 6 October 2015

concerning the establishment and operation of a market stability

reserve for the Union greenhouse gas emission trading scheme and

amending Directive 2003/87/EC;

"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 system for greenhouse gas emission allowance trading

within the Union and amending Council Directive 96/61/EC;

"Directive 2004/101/EC" means Directive 2004/101/EC of the

European Parliament and of the Council of 27 October 2004 amending

Directive 2003/87/EC establishing a scheme for greenhouse gas

emission allowance trading within the Community, in respect of the

Kyoto Protocol’s project mechanisms;

"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;

"Directive (EU) 2018/410" means Directive (EU) 2018/410 of the

European Parliament and of the Council of 14 March 2018 amending

Directive 2003/87/EC to enhance cost-effective emission reductions

and low-carbon investments, and Decision (EU) 2015/1814;

"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;

"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;

"EU ETS" means the European Union Emissions Trading System

established by Directive 2003/87/EC;

"Eurocontrol" means the European Organisation for the Safety of

Air Navigation;

"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;

"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 and

other gaseous constituents of the atmosphere, both natural and

anthropogenic, that absorb and re-emit infrared radiation;

"ICAO" means the International Civil Aviation Organisation;

"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;

" M e m b e r St a t e " m e a n s a s t a t e w h i c h i s a m em b e r o f t h e

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;

"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;

"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;

"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;

"Paris Agreement" means the Paris Agreement which is an

international treaty on climate change which entered into force on 4 th

November 2016;

"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;

"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

C o m m u n i t y, i n v i e w o f t h e i m p l e m e n t a t i o n b y 2 0 2 0 o f a n

international agreement applying a single global market-based

measure to international aviation emissions;

"Regulation (EU) 2017/2392" means Regulation (EU) 2017/2392 of

the European Parliament and of the Council of 13 December 2017

amending Directive 2003/87/EC to continue current limitations of

scope for aviation activities and to prepare to implement a global

market-based measure from 2021;

"surrender" means the accounting of an allowance by an aircraft

operator against verified emissions;

"tonne of carbon dioxide equivalent" means one metric tonne of

carbon dioxide (CO 2 ) or an amount of any other greenhouse gas listed

in Schedule 2 with an equivalent global-warming potential;

"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

a c c o u n t s a n d t h e a l l o c a t i o n , su r r e n d e r a n d c a n c e l l a t i o n o f

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

(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

(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

(b) to any other relevant legal bodies on which these

regulations put any obligation.

(1) On a yearly basis, from the year starting 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.

(3) A beneficiary of allowances in accordance with this regulation

shall ensure the visibility of such source of funding.

Repealed by Legal Notice 314 of 2024.

Repealed by Legal Notice 314 of 2024.

Repealed by Legal Notice 314 of 2024 .

Repealed by Legal Notice 314 of 2024.

(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

w ith the r el evant decisions and reg ulatio ns adop ted 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

natio nal registry adm inistrator may p revent the tran sfer 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 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.

(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.

(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 beginning 1st January, 2013 and

subsequent periods shall be valid indefinitely. Allowances issued as

from 1st January, 2021 in a ten-year period shall be valid for emissions

from the first year of that period onwards.

(4) Where, an aircraft operator ceases performing an aviation

activity listed in Schedule 1, the Authority shall inform the national

registry administrator. The national registry administrator shall ensure

that no further free Chapter II allowances are issued to that aircraft

operator for the first year after the year when the aircraft operator

ceases performing an aviation activity listed in Schedule 1 and for any

subsequent year when the aircraft operator does not perform an

aviation activity listed in Schedule 1. Where, an aircraft operator starts

performing again an aviation activity listed in Schedule 1, the

Authority shall inform the national registry administrator. The national

registry administrator shall ensure that free Chapter II allowances

determined in accordance with regulation 4 or 5 are issued for the first

year after the year when the aircraft operator starts performing again

an aviation activity listed in Schedule 1 and for any subsequent year

when the aircraft operator performs an aviation activity listed in

Schedule 1.

(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.

From 1 st January 2025, an aircraft operator shall monitor

(9)

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.

(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) An aircraft operator shall submit to the Authority an annual

report on the emissions from an aviation activity listed in Schedule 1

for each year when such an activity is performed by not later than 31st

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 annual emission reports for

emissions from aviation activities.

The verifier shall issue a verification report.

(4) A verification report shall be submitted by the aircraft operator

to the Authority with an annual emissions report submitted. The

operator shall also enter the amount of emissions reported in the verified

annual emissions report for a monitoring year into the Union Registry,

by 31st March of the subsequent year.

(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) The aircraft operator for which an annual emissions report is

to be verified shall notify the Authority and the National Accreditation

Board – Malta of the planned date and place of the verification and the

identity of the verifier who will perform the verification, by not later

than thirty days prior to the date when the verification is to be

performed.

(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.

(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 annual emissions report and the verification report submitted in

accordance with regulation 13 and its own checks, without undue

delay, determine whether it can accept the submitted annual emissions

report. The Authority shall not accept a report of annual emissions

which has not been verified as satisfactory or for which a verification

report has not been submitted. The Authority shall inform the aircraft

operator, in writing or through 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.

Where necessary, the aircraft operator shall update the amount of

emissions entered into the Union Registry.

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

operator does not submit a verified annual emissions report in

accordance with regulation 13, or where it is deemed that the

aircraft operator has not submitted an annual emissions report

which is in accordance with the requirements set out in regulation

13, the Authority may, unless there is written agreement between

the Authority and the aircraft operator providing otherwise, itself

determine the emissions for aviation activities performed by that

aircraft operator for that monitoring year. The Authority shall use

best available data and ensure that a conservative estimate is made

that does not underestimate emissions. When annual emissions are

determined under this sub-regulation, the Authority shall consider

the requirements set out 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

Provided further that the Authority shall enter the amount of

emissions as determined in accordance with this sub-regulation into

the Union Registry.

(4) Where the verification report submitted with an annual

emissions report states outstanding non-conformities or

recommendations for improvements, the aircraft operator shall

submit to the Authority, by not later than 30th June of the year

w h e n t h e v e r i f i c a t i o n r e p o r t i s i s s u e d b y t h e v e r i f i e r, a n

improvement report describing how and when the aircraft operator

has rectified or plans to rectify the non-conformities identified by

the verifier and to implement recommended improvements.

(5) The Authority shall, within a reasonable time, approve the

improvement report and inform the aircraft operator of its approval.

W h e r e i t d e e m s n e c e s s a r y, t h e A u t h o r i t y m a y r e q u i r e t h e

submission of a revised improvement report.

(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

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

(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) For the period ending 31st December, 2020, and

subsequent periods, an aircraft operator shall, by the 30th September

of each year, surrender a number of allowances that is equal to the total

emissions from aviation activities listed in Schedule 1 during the

preceding calendar year as verified in accordance with regulation 13,

or as determined by the Authority in accordance with regulation 14.

(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);

Provided where necessary, and for as long as is necessary, in

accordance with relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC, an aircraft operator

shall not surrender allowances that are issued by a Member State in

respect of which there are obligations arising from Directive 2003/87/

EC which are lapsing.

(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

to sub-regulation (1) shall take place through the issue and

im m e d i a t e s u r r e n d e r o f o ne al l o w a n c e by t h e A u t ho r i t y 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

a c c o r d a n c e wi t h t h e U N F C C C a n d t h e Ky o t o P r o t o c o l a nd

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,

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

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

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

aircraft operator may request to be issued allowances to him valid

from 2013 onwards in exchange for CERs and ERUs issued in

respect of emission reductions up to 2012 from project types which

were eligible for use in the Union scheme during the period from

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

m ad e i n a cc o r d a n ce , w h e r e a p p l i ca b l e , w i t h d e ci s i o n s a n d

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.

(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.

Decisions related to the allocation of allowances to aircraft

operators and reports of emissions submitted in accordance with

regulation 10 shall be made available to the public in accordance

with the Freedom of Access to Information on the Environment

Regulations

Provided that any access to personal data shall be made in

accordance with the Data Protection Act and that information

covered by professional secrecy may not be disclosed to any other

person or authority except by virtue of the applicable laws,

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

Professional Secrecy Act

Provided also that, without prejudice to this regulation and

to the obligation which may be imposed on the Authority to

disclose any information, the Authority shall not disclose any

c o n f i d e n t i a l i n f o r m a t i o n o r an y p a r t s t h e r e o f o r a n y o t h e r

information provided in connection with the report which should be

treated as commercially confidential

Provided further that any information which shall be treated

as commercially confidential shall be made known at all times to

the Authority.

The Authority may require that submissions of

applications, monitoring and reporting plans and reports under

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

the medium as specified by it.

The revenue from the auctioning of allowances, after

deducting the audited costs to administer the EU ETS agreed between

the Minister responsible for finance and the Authority, shall accrue to

the consolidated fund.

The Administrative Review Tribunal shall have

jurisdiction to hear and determine appeals from decisions of the

Authority made under these regulations 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.

(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.

(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 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.

(4)

Deleted by Legal Notice 267 of 2019.

(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).

(6) By way of derogation from regulations 12, 13 and 14,

where an aircraft operator has total annual emissions from aviation

activities listed in Schedule 1 lower than twenty five thousand

(25,000) tonnes of carbon dioxide, its emissions shall be considered

to be verified emissions if determined using a tool approved in

accordance with relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC and populated by

Eurocontrol with Eurocontrol data.

(7) By way of derogation from regulations 12, 13 and 14,

where an aircraft operator has total annual emissions from flights

other than those referred to in sub-regulation (1) lower than three

thousand (3,000) tonnes of carbon dioxide, its emissions shall be

considered to be verified if determined using a tool approved in

accordance with relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC and populated by

Eurocontrol with Eurocontrol data.

(8) From 1st January, 2021, the number of allowances allocated

to an aircraft operator in accordance with regulation 4 or regulation

5 shall, each year, decrease by a linear factor of 2.2%.

(9) By way of derogation from regulation 4(1) and regulation 5(1),

regulations 4 and 5 shall not be applicable for the period beginning 1st

January, 2021.

(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 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.

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

Schedule 1

Amended by

L.N. 114 of 2015;

Regulations 1(2), 2, 3, 4(2), 4(6)(b), 12(1), 12(9), L.N. 267 of 2019.

16(1) and 24A(3)

Substituted by

L.N. 314 of 2024.

Categories of EU ETS Activities to which these Regulations apply

Activities

Greenhouse Gases

Flights which depart from, or arrive

Carbon dioxide

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;

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

(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

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

(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.

Schedule 1A

Added by

L.N. 314 of 2024.

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

Categories of CORSIA Activities to which these regulations apply

Activities

Greenhouse Gases

EUROPEAN UNION GREENHOUSE GAS EMISSIONS

TRADING SYSTEM FOR AVIATION

Flights between aerodromes that are

Carbon dioxide

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;

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(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.

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

Subsituted by

L.N. 314 of 2024.

Regulations 6(2)(a), 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

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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

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(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.

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;

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(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.

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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.