Commission Regulation (EU) 2024/1030 of 27 March 2024 amending Regulation (EC) No 748/2009 as regards the update of the list of aircraft operators performing an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council

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 system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (1), and in particular Article 18a(3), point (b), thereof,

Whereas:

(1) To ensure that each aircraft operator knows which Member State it will be regulated by, and thus to reduce the administrative burden on those aircraft operators, the Annex to Commission Regulation (EC) No 748/2009 (2) contains a list of aircraft operators which performed, on or after 1 January 2006, an aviation activity as listed in Annex I to Directive 2003/87/EC.

(2) The inclusion of an aircraft operator in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of Directive 2003/87/EC does not affect the inclusion of that aircraft operator in the EU ETS, which depends on the performance of an aviation activity listed in Annex I to that Directive.

(3) Pursuant to Article 18a(3), point (b), of Directive 2003/87/EC, from 2024, when updating the list of the Annex to Regulation (EC) No 748/2009, operators that have not performed an aviation activity listed in Annex I to Directive 2003/87/EC during the four consecutive calendar years preceding the updating of the list are not to be included in the list. The list in the Annex to Regulation (EC) No 748/2009 will therefore be significantly shorter than in the previous years.

(4) To take account of the latest data provided by Eurocontrol on which aircraft operators performed an aviation activity as listed in Annex I to Directive 2003/87/EC, the list in the Annex to Regulation (EC) No 748/2009 should be updated.

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

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 748/2009

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

Article 2

Entry into force

This Regulation shall enter into force on the third day following that of 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, 27 March 2024.

For the Commission On behalf of the President Wopke HOEKSTRA Member of the Commission

(1) OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj.

(2) Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1, ELI: http://data.europa.eu/eli/reg/2009/748/oj).