European Union Updates Regulation on Greenhouse Gas Emissions from Aviation

Strategic Insights -

The European Union has issued a regulation, COMMISSION REGULATION (EU) 2023/838, amending Regulation (EC) No 748/2009 to update the list of aircraft operators performing an aviation activity in the EU ETS (Emissions Trading System). This update is based on the latest data provided by Eurocontrol on aircraft operators that have performed an aviation activity listed in Annex I to Directive 2003/87/EC. The regulation aims to reduce the administrative burden on aircraft operators by providing clear information on which Member State will be regulating a particular aircraft operator.

Key Takeaways:

  • The regulation updates the list of aircraft operators that have performed an aviation activity in the EU ETS since 1 January 2006, as specified in Annex I to Directive 2003/87/EC.
  • The updated list is based on the latest data provided by Eurocontrol, aimed at reducing the administrative burden on aircraft operators.
  • The regulation amends Commission Regulation (EC) No 748/2009 to take account of the new data, which is considered essential for the accurate administration of greenhouse gas emission allowances.
  • The updated regulation is set to enter into force on the third day following publication in the Official Journal of the European Union.
  • The regulation emphasizes the distinction between the inclusion of an aircraft operator in the EU ETS and their inclusion in the list of aircraft operators established by the Commission.

Statistics:

  • 1 January 2006: Date from which aircraft operators are included in the EU ETS.
  • 5 August 2009: Date of Commission Regulation (EC) No 748/2009 establishing the list of aircraft operators.
  • 23 March 2023: Date of adoption of the updated regulation (COMMISSION REGULATION (EU) 2023/838).
  • 23 March 2023: Date of interpretation of the updated regulation to be effective on the third day following publication.
  • Eurocontrol: The source of the latest data used to update the list of aircraft operators.
  • 748/2009: The European Union regulation that was amended to reflect the changes in aviation activity emissions.
  • Directive 2003/87/EC: The European Parliament and Council Directive establishing a system for greenhouse gas emission allowance trading.

Sources:

  • COMMISSION REGULATION (EU) 2023/838 of 23 March 2023 amending Regulation (EC) No 748/2009 as regards the update of the list of aircraft operators performing an aviation activity listed in Annex I to Directive 2003/87/EC.
  • 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.
  • 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.