The new Aviation ETS regulation came into force today!
The new EU ETS regulation restricting EU ETS to intra-European flights for the period 2013-2016 and exempting small emitters below 1,000 tCO2 for the period 2013-2020 came into force today after its publication in the Official Journal of the European Union. The European Commission also published today its updated FAQ on the new regulation.
> Download the new EU ETS regulation
> Download the updated FAQ from the European Commission
What are the main features of the new regulation for the 2013-2016 period?
Only intra-European flights, e.g. flights operated between airports located in the European Economic Area (EEA) - including flights between the EEA and Croatia - must be reported.
Flights between an EEA outermost region and another EEA area must not be reported. However, flights operated within the same EEA outermost region must be reported.
> See the details of the new geographical scope of the EU ETS
The deadlines for the reporting and surrendering of 2013 emissions are 31 March and 30 April 2015 respectively but operators can submit their verified 2013 Annual Emissions (AE) report to their Competent Authority (CA) at anytime.
The number of free carbon allowances to be allocated annually to each aircraft operator during the 2013-2016 period will be published on 30 August 2014 as per the following formula:
What are the changes for small emitters?
During the 2013-2020 period, non-commercial small emitters with total annual emissions lower than 1,000 tCO2 (taking into account both intra- and extra-European flights) are exempt from the EU ETS.
All Annex 1 flights must be taken into consideration to determine the position of an operator with regards to the 1,000 tCO2 threshold. Operators above the 1,000 tCO2 threshold (including all Annex 1 flights) must report intra-European emissions only.
What about the 10,000 tCO2 exemption threshold for commercial operators?
The 10,000 tCO2 exemption threshold for commercial operators remains unchanged. This means that all Annex 1 flights (both intra- and extra-European flights) must be taken into consideration to determine if the operator exceeds the 10,000 tCO2 threshold.
Commercial operators above the 10,000 tCO2 threshold (including both intra- and extra-European flights) have to report emissions for intra-European flights only.
What are the next steps?
Operators reporting to Germany, the UK, the Walloon Region and Ireland that already submitted their full scope 2013 AE report do not need to update their report.
Operators reporting to any other Member States who already submitted their full scope AE report must submit an updated report and an updated verification opinion statement if they emitted more than 1,000 tCO2 (or 10,000 tCO2 for commercial operators) in 2013.
Competent Authorities are expected soon to provide further details and guidance to aircraft operators on how to comply with the new rules.
If not already done, operators are recommended to submit their 2013 AE report as soon as possible to avoid verifying and submitting both 2013 and 2014 AE reports at the same time and incurring twice the workload at the last minute before the 31 March 2015 deadline.
You can contact us or your CA for any questions on the new EU ETS regulation.
> Read UK Environment Agency newsletter
> Read information from the French Competent Authority (DGAC) (in English or in French)
> Read information the German Competent Authority (DEHSt)
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