Commission Regulation (EU) No 394/2011 of 20 April 2011 amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator as regards the expansion of the Union emission trading scheme to EEA-EFTA countries Text with EEA relevance

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 18a(3)(a) thereof,

Whereas:

(1) Directive 2008/101/EC of the European Parliament and of the Council (2) amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union.

(2) Commission Regulation (EC) No 748/2009 (3) establishes a list of aircraft operators which had performed an aviation activity within the meaning of Annex I to Directive 2003/87/EC on or after 1 January 2006.

(3) The list aims to reduce the administrative burden on aircraft operators by providing information on which Member State will be regulating a particular aircraft operator.

(4) The inclusion in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out in Annex I to Directive 2003/87/EC and is not dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of the Directive.

(5) Commission Decision 2009/339/EC of 16 April 2009 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities (4) was incorporated into the Agreement on the European Economic Area on 4 December 2009 by Decision of the EEA Joint Committee No 148/2009 amending Annex XX (Environment) to the EEA Agreement (5). This was to ensure the timely start of monitoring by aircraft operators of aviation activities performed either within EEA-EFTA countries, between EEA-EFTA countries, or between EEA-EFTA countries and third countries outside the EEA.

(6) Directive 2008/101/EC was incorporated into the Agreement on the European Economic Area by Decision of the EEA Joint Committee No 6/2011 of 1 April 2011, amending Annex XX (Environment) to the EEA Agreement (6).

(7) The extension of the aviation provisions of the Union emission trading scheme to EEA-EFTA countries implies that the criteria set under Article 18a(1) of Directive 2003/87/EC to determine an aircraft operator’s administering Member State must be taken into account. Thus, certain aircraft operators should be allocated to the EEA-EFTA countries for administration.

(8) Regulation (EC) No 748/2009 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Regulation (EC) No 748/2009 is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 April 2011.

For the Commission The President José Manuel BARROSO

(1) OJ L 275, 25.10.2003, p. 32.

(2) OJ L 8, 13.1.2009, p. 3.

(3) OJ L 219, 22.8.2009, p. 1.

(4) OJ L 103, 23.4.2009, p. 10.

(5) OJ L 62, 11.3.2010, p. 47.

(6) OJ L 93, 7.4.2011, p. 35.