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​Competent Authority's guidance on the Commission's proposal

Until the new legislation is passed and for the legal safety of operators, many CAs require operators to report their full scope Annex 1 aircraft emissions before 31 March 2014, as per the existing Directive.

Since the final vote of the proposed new legislation is expected in April 2014, i.e. AFTER the requirement to report but BEFORE the requirement to surrender, if and when the new Directive is passed, CAs have indicated that operators may be able to downsize their report to the applicable geographical scope (e.g. intra-European Annex 1 flights).

For non-commercial small emitters, although many operators might be exempt under the proposed changes to the Directive, CAs have stated specifically that non-commercial small emitters are also required to report the full scope Annex 1 emissions before 31 March 2014.

> Read our article dated 7 February for a full update

UK Environment Agency: "Current UK and EU law remains in force until changed and penalties apply for failure to submit a verified emissions report by 31 March 2014 and to surrender allowances by 30 April 2014.  Unless and until changed, reporting and surrender obligations for 2013 are for the full scope of the Directive and include flights to and from the EEA."

German DEHSt: "For your legal safety we recommend that you continue to monitor all of your emissions in accordance with the existing regulations pursuant to Annex 1 of the existing Directive and in accordance with the approved monitoring plan. Please also note that the deadlines for submission of a verified emissions report (31 March 2014) and the emissions allowances (30 April 2014) currently remain effective."

Irish EPA: "Preparation of the 2013 Annual Emission Monitoring Reports for 2013 should proceed as with previous years and be based on the full scope of Annex I activity. Verification of Annual Emission Monitoring Reports for 2013 remains a requirement. Aircraft Operator Holding Accounts will still be required to complete the compliance cycle for 2013."

Walloon Air & Climate Agency: "As you probably know, the European Commission has proposed a modification to the Emission Trading Directive with regards to aviation. But, as it is not yet officialy adopted by the Council and the Parliament, it is more secure to work «business as usual », taking then into account the full scope of the EU ETS."

French DGAC: "Aircraft Operators who would like to could prepare and submit their 2013 annual emissions report based on the full scope. Nonetheless, given this whole framework, French civil aviation competent authority would not punish AOs who would not submit their 2013 emissions report  by 31st March 2014 nor surrender the corresponding allowances by 30th April 2014."

Greek Ministry of Environment Energy and Climate Change: "We should inform you that the aircraft operators have to report their full scope 2013 aircraft emissions before 31 March 2014 and to surrender allowances by 30 April 2014 as per the current EU ETS legislation."

Finnish Transport Safety Agency: "Existing EU and Finnish laws are currently in force. Reporting and surrendering for 2013 will be based on the full scope of Annex I flights of the ETS. Also, emissions from all flights need to be verified. All this applies to operators with under 1 000 tons of emissions, too."

Lithuanian Ministry of Environment: "Current Lithuanian and EU law remains in force penalties apply for failure to submit a verified emissions report by 31 March 2014. Unless and until changed, reporting and surrender obligations for 2013 are for the full scope of the Directive and include flights to and from the EEA."

Norwegian Environment Agency: "As the scope of the EU ETS Directive for the time being remains unchanged, Norway also recommend that operators report their annual emissions in accordance with existing regulations pursuant to Annex I of the existing Directive and in accordance with the approved monitoring plan. Deadlines and penalties still apply."

Flemish Environment, Nature and Energy Department: "The current legislation and obligations remain effective until an amendment to the directive has been approved."

Latvian Civil Aviation Agency: "Latvian Civil Aviation Agency also will follow example of UK, Germany and Ireland in the enforcement of the existing regulation and we will require operators to report their full scope of Annex 1 emissions before 31 March 2014 as per the original Directive."

Environment Agency of Iceland: "The EAI recommends that you continue to monitor all of your emissions in accordance with the existing regulations pursuant to Annex 1 of the existing Directive and in accordance with the approved monitoring plan. Please note that the deadlines for submission of a verified emissions report (31 March 2014) and the emission allowances (30 April 2014) currently remain effective."

Dutch NEa: "[...] the Dutch Emissions Authority (NEa) does not expect aircraft operators to submit an emissions report by 31 March 2014. Aircraft operators that choose to complete the compliance cycle for 2013 (report their emissions and surrender allowances) anyway, need to be aware that they have to report full scope according to the current regulation. As a consequence, there is a chance that an updated emissions report is required at a later stage, based on a new scope."

Portuguese Environmental Agency: "Taking into consideration the Commission's proposal for amending EU-ETS Directive, Portugal requested to the Commission clarification concerning the best procedure regarding the monitoring of emissions of 2013 and the respective surrender of allowances. Thus, having in mind, that operators are not considered in non-compliance with EU ETS."

Swedish Environmental Protection Unit"It is very unclear whether the proposal will go through. Current regulations, EU andSwedish, remain in force until changed. Current regulations implicate that reporting andsurrendering for 2013 emissions, including flights to and from EEA (the "Stop-the-clock" regulation were valid for 2012 emissions),shall be made before 31 March respectively 30 April. The regulation also prescribes sanctions if the report is submitted too late or if surrenderingis made too late."

Spanish Climate Change Office (OECC): "Aircraft Operators should submit their 2013 emissions reports based on the full scope before the 28th February 2014 to the Spanish Competent Authority, according to the legislation in force (ETS Directive and Spanish Law 1/2005). Those Aircraft Operators attributed to Spain that submit their 2013 emissions report based on the intra European activity (based on the EC Proposal) can not be approved until there is absolute clarity on how the final version of the Directive will be amended, considering that currently they are not in accordance with the applicable legislation."
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