​Competent Authorities require aircraft operators to report their full scope 2013 Annex 1 emissions before 31 March 2014

The Competent Authorities (CAs) of the UK, Germany, Ireland, Finland, Greece, Lithuania, Austria, Norway, Latvia, Iceland and Belgium require their operators to report their full scope 2013 aircraft emissions before 31 March 2014 as per the current EU ETS legislation. The French DGAC says operators can report if they wish to but won't be penalized if they do not report in time.

Since there is disagreement between various Committees of the European Parliament and the European Council about certain features of the European Commission's proposal, the outcome of the co-decision agreement remains uncertain.

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 according to 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 would 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.

The benefit of this is that it will allow small emitters to determine clearly whether they are above or below the likely future exemption threshold (100 tCO2 or 1000 tCO2) and prove their exemption if appropriate.

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."

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."

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."

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."

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."

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