New geographical scope of the EU ETS from 2013 to 2016 included.
The years 2012-2014 have been characterized by regulatory developments on the EU ETS aviation including Decision No 377/2013/UE called « Stop the clock » as well as the Regulation n° 421/2014 of the European parliament and of the Council amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in view of the implementation by 2020 of an international agreement applying a single global market-based measure to international aviation emissions which was published April 30, 2014 in the Official Journal of the European Union (OJEU).
This evolution of the scheme derogates from the initial scope of Directive 2003/87 and results in a restriction of the geographical scope which is applicable from the years 2013 to 2016 included.
This adaptation of the scheme comes in response to the ICAO assembly Resolution A38-18 as regards the development of a global market based measures, which should be finalized at the next ICAO Assembly in 2016 and implemented from 2020 onwards.
The new geographical scope
This modification of the EU ETS aviation scope aims at restricting the geographical scope of application to the intra-European Economic Area (EEA) flights for the period 2013-2016 included. Thus, flights between the EEA and third countries, and vice-versa, do not have to be reported.
You will find below the elements enabling you to clearly identify the new limits of the geographical scope.
List EU Member States and EEA included countries and territories
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.
List of other EEA Member States
Norway, Iceland, Liechtenstein
Other territories with a special status linked to an EEA Member State
Ceuta, Melilla, Aland Islands, Gibraltar and Jan Mayen.
Overseas territories and Outermost region exclusion
Flights from the EEA to outermost region and from one outermost region to another outermost region must not be reported. However, intra-outermost region flights must be reported.
Overseas territories are not considered as part of the EEA, therefore, no flights from or to those overseas territories have to be reported.
Croatia
Croatia joined the EU on 1st July 2013. The new Regulation foresees that flights operated from the 1st January 2013 between the EEA and Croatia must be reported and corresponding allowances surrendered. Flights between Croatia and third countries must not be reported.
Nevertheless, emissions from flights between aerodromes within Croatia (also known as « domestic flights ») from 1 July to 31 December 2013 shall be reported even if there is no surrendering obligation for these emissions.
Switzerland
Switzerland is not part of the EEA, thus, the EU-ETS is not applicable to this country.
Exemptions
Non-commercial aircraft operator emitting less than 1000t CO2 emissions per year are exempted from 2013 to 2020.
De Minimis exemption for commercial aircraft operator remains applicable. As a reminder, aircraft operators operating less than 243 flights per period for 3 following period of 4 months and aircraft operator emitting less than 10 000t CO2 emissions per year are concerned.
In both cases, the emission thresholds are calculated on the basis of the Annex 1 scope of the ETS Directive 2003/87, also called « Full scope ».
The coming into effect date
the Regulation n° 421/2014 of the European Parliament and of the Council amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in view of the implementation by 2020 of an international agreement applying a single global market-based measure to international aviation emissions has been published in the Official Journal of the European Union the April 30, 2014 and enters into force as of this date.
It applies to emissions from 2013 onwards.
The submission of annual emission report for 2013
Aircraft operators which are not concerned by the exemptions aforementioned shall provide the DGAC, as the competent authority responsible for implementing the scheme in France, with their 2013 emissions report based on the new geographical scope.
The deadline for submitting emissions report for the years 2013 and 2014 is set for 31 March 2015. Two distinct annual emission reports are needed for years 2013 and 2014.
Similarly, the deadline for surrendering allowances for the years 2013 and 2014 has been set for 30 April 2015.
Even if the deadline for submitting the annual emission report 2013 emissions is set for March 31, 2015, a transmission before this date remains possible.
The ETS unit (ets.aviation@ aviation-civile.gouv.fr) is at your disposal for any further information and will keep you informed of future developments to consider.
Updated on 1/09/2014
Free allowances to be allocated each year to Aircraft Operators during phase III 2013-2020 in the scope stemming from Regulation n° 421/2014 of 16th April 2014.
Free_allowances_for_publication_29-08-2014-2.pdf (PDF – 45 Ko)
Please note that those elements are provided for information purposes and will be formally published in the Official journal of French Republic.
