(6)Where it deems appropriate, the Authority may request the submission of a revised plan.

(7)An aircraft operator shall regularly check if the approved monitoring plan reflects the nature and function of the aircraft operator and shall submit to the Authority proposed modifications that have to be made to the plan, as may be necessary. EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 11

(8)An aircraft operator shall monitor emissions from aircrafts which it operates that perform aviation activities listed in Schedule 1 and, or Schedule 1A, during each monitoring year.

(9)From 1st January 2025, an aircraft operator shall monitor non-CO2 effects from each aircraft that it operates during each calendar year in accordance with relevant decisions and regulations as adopted by

(10)Without prejudice to sub-regulation

(4), an aircraft operator shall monitor annual emissions in accordance with the monitoring plan approved by the Authority in accordance with this regulation. The Authority may take any action it deems necessary in accordance with these regulations to ensure that an aircraft operator is monitoring and reporting annual emissions in accordance with the approved monitoring plan. 13.

(1)An aircraft operator shall report emissions, monitored in accordance with regulation 12, for each monitoring year in accordance with: (

1. a)the principles set out in Schedule 3; and (
2. b)relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (
3. c)any other requirements made by the Authority in respect of reporting of emissions of greenhouse gases from aviation activities.

(2)An aircraft operator shall submit to the Authority an annual report on the emissions from an aviation activity listed in Schedule 1 for each year when such an activity is performed by not later than 31st March of the subsequent year.

(3)The report submitted by an aircraft operator pursuant to sub-regulation

(2)shall be verified by a verifier in accordance with: (

1. a)the principles set out in Schedule 4; and, (
2. b)relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and. (
3. c)any other requirements made by the Authority in respect of verification of annual emission reports for emissions from aviation activities. The verifier shall issue a verification report.

(4)A verification report shall be submitted by the aircraft operator to the Authority with an annual emissions report submitted. The operator shall also enter the amount of emissions reported in the verified annual emissions report for a monitoring year into the Union Registry, by 31st March of the subsequent year.

(5)Where an aircraft operator fails to submit an annual emissions report for a monitoring year that has been verified as satisfactory by 31st March of the year subsequent to that monitoring year, the national registry administrator shall not allow the transfer of allowances or any other accounting units out of the Reporting of verified annual emissions. Amended by: L.N. 267 of 2019; L.N. 314 of 2024. 12 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION aircraft operator holding account of that aircraft operator until a report from that aircraft operator for that monitoring year has been verified as satisfactory: Provided that the national registry administrator shall not prevent the surrender or cancellation of allowances in accordance with regulation 16, or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18.

(6)The aircraft operator for which an annual emissions report is to be verified shall notify the Authority and the National Accreditation Board – Malta of the planned date and place of the verification and the identity of the verifier who will perform the verification, by not later than thirty days prior to the date when the verification is to be performed.

(7)From 1 st January 2025, an aircraft operator shall report non-CO 2 aviation effects from each aircraft that it operates during the previous calendar year, as monitored in accordance with regulation 12

(9), and in accordance with relevant decisions and regulations as adopted by the Commission pursuant to Directive 2003/87/EC.

(8)The report submitted by an aircraft operator pursuant to sub-regulation

(7)shall be verified by a verifier in accordance with the relevant decisions and regulations as adopted by the Commission pursuant to Directive 2003/87/EC.

(9)In respect of reports submitted pursuant to sub-regulation

(2)and sub-regulation

(7), where an aircraft operator operates on a very limited number of aerodrome pairs, or on a very limited number of State pairs that are subject to offsetting requirements, or on a very limited number of State pairs that are not subject to offsetting requirements, that aircraft operator may request the Authority not to publish such data at the aircraft operator level, explaining why disclosure would be considered to harm its commercial interests. Based on such a request, the Authority may request the Commission to publish that data at a higher level of aggregation. Competent authority acceptance of verified annual emissions report and determination of emissions in case of nonreporting or nonverification. Amended by: L.N. 267 of 2019. 14.

(1)The Authority may perform any checks it deems necessary to ensure that a report submitted by an aircraft operator is in accordance with regulation 13.

(2)The Authority shall, on the basis of the information included in the annual emissions report and the verification report submitted in accordance with regulation 13 and its own checks, without undue delay, determine whether it can accept the submitted annual emissions report. The Authority shall not accept a report of annual emissions which has not been verified as satisfactory or for which a verification report has not been submitted. The Authority shall inform the aircraft operator, in writing or through other documented means, of its decision. Where it deems necessary, the Authority may require the submission of a revised annual emissions report. The revised annual emissions report shall be verified in accordance with regulation 13. Where necessary, the aircraft operator shall update the amount of EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 13 emissions entered into the Union Registry.

(3)Where, in respect of any monitoring year, an aircraft operator does not submit a verified annual emissions report in accordance with regulation 13, or where it is deemed that the aircraft operator has not submitted an annual emissions report which is in accordance with the requirements set out in regulation 13, the Authority may, unless there is written agreement between the Authority and the aircraft operator providing otherwise, itself determine the emissions for aviation activities performed by that aircraft operator for that monitoring year. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. When annual emissions are determined under this sub-regulation, the Authority shall consider the requirements set out in Schedules 3 and 4: Provided that the Authority shall notify the aircraft operator of the emissions as determined and the methodology used to determine such emissions: Provided further that the Authority shall enter the amount of emissions as determined in accordance with this sub-regulation into the Union Registry.

(4)Where the verification report submitted with an annual emissions report states outstanding non-conformities or recommendations for improvements, the aircraft operator shall submit to the Authority, by not later than 30th June of the year w h e n t h e v e r i f i c a t i o n r e p o r t i s i s s u e d b y t h e v e r i f i e r, a n improvement report describing how and when the aircraft operator has rectified or plans to rectify the non-conformities identified by the verifier and to implement recommended improvements.

(5)The Authority shall, within a reasonable time, approve the improvement report and inform the aircraft operator of its approval. W h e r e i t d e e m s n e c e s s a r y, t h e A u t h o r i t y m a y r e q u i r e t h e submission of a revised improvement report. 15.

(1)An aircraft operator who fails to submit a monitoring plan in accordance with regulation 12 in respect of the years 2010 and 2011, shall be liable to the imposition of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator.

(2)An aircraft operator who fails to monitor annual emissions in accordance with regulation 12 or fails to submit an annual emissions report in accordance with regulation 13 in respect of the years 2010 and 2011, shall be liable to the imposition of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator.

(3)An aircraft operator who fails to submit a monitoring and reporting plan in accordance with regulation 12 in respect of the period from 1 st January, 2012 to 31 st December, 2012, the period beginning 1 st January, 2013 or a subsequent period, shall be liable to the imposition: Fines relating to monitoring and reporting of annual emissions. 14 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION (

1. a)for an aircraft operator whose emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are less than ten thousand (10,000) tonnes carbon dioxide equivalents, of an administrative fine of one thousand euro (€1,000) and, or, fifty euro (€50) for each day of non-compliance, from the date of a notice given by the Authority to the operator; (
2. b)for an aircraft operator whose emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are equal to or greater than ten thousand (10,000) tonnes carbon dioxide equivalents and equal to or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator; (
3. c)for an aircraft operator whose emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents and equal to or less than five hundred thousand (500,000) tonnes carbon dioxide equivalents, of an administrative fine of ten thousand euro (€10,000) and, or, three hundred euro (€300) for each day of non-compliance, from the date of a notice given by the Authority to the operator; (
4. d)for an aircraft operator whose emissions for the first calendar year of the period for which the plan relates or for the first year of performing an activity covered by these regulations during the period for which the plan relates are more than five hundred thousand (500,000) tonnes of carbon dioxide equivalents, of an administrative fine of fifty thousand euro (€50,000) and, or, six hundred euro (€600) for each day of noncompliance, from the date of a notice given by the Authority to the operator.

(4)An aircraft operator who fails to monitor annual emissions during a year in accordance with regulation 12 or fails to submit a verified annual emissions report in respect of a year in accordance with regulation 13 in respect of the period from 1st January, 2012 to 31 st December, 2012, the period beginning 1 st January, 2013 or a subsequent period, shall be liable to the imposition: (

1. a)for an aircraft operator whose emissions for that year are less than ten thousand (10,000) tonnes carbon dioxide equivalents, of an administrative fine of one thousand euro (€1,000) and, or, fifty euro (€50) for each day of non-compliance, from the date of a notice EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 15 given by the Authority to the operator; (
2. b)for an aircraft operator whose emissions for that year are equal to or greater than ten thousand (10,000) tonnes carbon dioxide equivalents and equal to or less than fifty thousand (50,000) tonnes carbon dioxide equivalents, of an administrative fine of five thousand euro (€5,000) and, or, one hundred euro (€100) for each day of non-compliance, from the date of a notice given by the Authority to the operator; (
3. c)for an aircraft operator whose emissions for that year are more than fifty thousand (50,000) tonnes of carbon dioxide equivalents and equal to or less than fifty hundred thousand (500,000) tonnes carbon dioxide equivalents, of an administrative fine of ten thousand euro (€10,000) and, or, three hundred euro (€300) for each day of non-compliance, from the date of a notice given by the Authority to the operator; (
4. d)for an aircraft operator whose emissions for that year are more than five hundred thousand (500,000) tonnes of carbon dioxide equivalents, of an administrative fine of fifty thousand euro (€50,000) and, or, six hundred euro (€600) for each day of non-compliance, from the date of a notice given by the Authority to the operator.

(5)For the purposes of determining the administrative fine under this regulation, where the emissions of the aircraft operator are not known or are not reported or where the Authority is satisfied that there is no reasonable possibility that a verified quantity of emissions will be reported by the aircraft operator, the Authority may itself determine the emissions from the activities performed by the aircraft operator. The Authority shall use best available data and ensure that a conservative estimate is made that does not underestimate emissions. The aircraft operator shall be liable to the imposition of an administrative fine equal to the amounts established in sub-regulations

(3)and

(4)in respect of the quantity of emissions estimated in terms of this sub-regulation. 16.

(1)For the period ending 31st December, 2020, and subsequent periods, an aircraft operator shall, by the 30th September of each year, surrender a number of allowances that is equal to the total emissions from aviation activities listed in Schedule 1 during the preceding calendar year as verified in accordance with regulation 13, or as determined by the Authority in accordance with regulation 14.

(2)An aircraft operator may surrender Chapter II and Chapter III allowances. Allowances issued by a competent authority of another Member State shall be recognized by the Authority for the purpose of meeting an aircraft operator’s obligations under subregulation

(1); Provided where necessary, and for as long as is necessary, in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC, an aircraft operator shall not surrender allowances that are issued by a Member State in Surrender and cancellation of allowances. Amended by: L.N. 267 of 2019; L.N. 314 of 2024. 16 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION respect of which there are obligations arising from Directive 2003/87/ EC which are lapsing.

(3)The national registry administrator shall cancel allowances surrendered in accordance with sub-regulation

(1).

(4)The national registry administrator shall cancel allowances at any time at the request of an aircraft operator holding those allowances.

(5)Surrender and cancellation of allowances shall be carried out in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC.

(6)The Authority shall publish the name of any aircraft operator who is in breach of the requirement to surrender sufficient allowances under sub-regulation

(1).

(7)Any aircraft operator who does not surrender sufficient allowances by the 30 th April of each year as required by subregulation

(1)to cover its emissions during the preceding year shall be liable to the imposition of an administrative fine of one hundred euro (€100) for each tonne of carbon dioxide equivalent emitted, for which the aircraft operator has not surrendered allowances. From 1 st January 2013, where, for the year in respect of which an aircraft operator does not surrender sufficient allowances to cover emissions during that year in accordance with sub-regulation

(1), the annual average Harmonized European Index of Consumer Prices published shows a percentage increase as compared to the Harmonized European Index of Consumer Prices published for the previous year, the administrative fine shall be increased by the same percentage. The administrative fine as revised pursuant to this sub-regulation shall apply to subsequent years unless further increased in accordance with the Harmonized European Index of Consumer Prices. For the purposes of this sub-regulation, each allowance not surrendered by the aircraft operator for a tonne of carbon dioxide equivalent emitted, shall be considered as a separate contravention.

(8)The imposition of an administrative fine as prescribed in sub-regulation

(6)shall not release the aircraft operator from the obligation to surrender an amount of allowances equal to those excess emissions in respect of which the administrative fine is paid when surrendering allowances in relation to the following calendar year.

(9)Where an aircraft operator fails to surrender allowances in accordance with sub-regulation

(1), the national registry administrator shall not allow the transfer of allowances or any other accounting units out of the aircraft operator holding account of that aircraft operator until the aircraft operator complies with the requirement to surrender allowances: Provided that the national registry administrator shall not prevent the surrender of allowances in accordance with subregulation

(1)or the cancellation of allowances in accordance with sub-regulation

(4), or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18. EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 17.

(1)During the period from 1 st January, 2012 to 31 st December, 2012 an aircraft operator may use CERs and ERUs up to a quantity equivalent to 15% of the total emissions, in tonnes of carbon dioxide equivalents, in respect of which allowances are required to be surrendered pursuant to regulation 16.

(2)The use of CERs or ERUs by an aircraft operator pursuant to sub-regulation

(1)shall take place through the issue and im m e d i a t e s u r r e n d e r o f o ne al l o w a n c e by t h e A u t ho r i t y in exchange for one CER or ERU to be surrendered held by that aircraft operator in the Union registry. CERs and ERUs used in accordance with this regulation by an aircraft operator to meet obligations under regulation 16 shall be subsequently cancelled. 17 Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2012 to 31st December 2012.

(3)CERs and ERUs that are issued and may be used in a c c o r d a n c e wi t h t h e U N F C C C a n d t h e Ky o t o P r o t o c o l a nd subsequent decisions adopted thereunder, may be used by an aircraft operator in accordance with sub-regulation

(1): Provided that CERs and ERUs from land use, land use change and forestry activities, and CERs and ERUs generated from nuclear facilities, may not be so used. 18.

(1)To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period from 1 st January 2012 to 31 s t December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation

(5), the aircraft operator may request to be issued allowances to him valid from 2013 onwards in exchange for CERs and ERUs issued in respect of emission reductions up to 2012 from project types which were eligible for use in the Union scheme during the period from 1st January 2008 to 31 st December 2012. Until 31st March 2015, the Authority shall make such an exchange on request.

(2)To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period 1 st January 2012 to 31 st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation

(5), the aircraft operator may exchange CERs and ERUs issued in respect of emission reductions from 2013 onwards from project types that were registered before 2013 and which were eligible for use in the Union scheme during the period 1 st January 2008 to 31 st December 2012, for allowances valid from 2013 onwards.

(3)To the extent that the levels of CER and ERU use, allowed to an aircraft operator for the period 1 st January 2012 to 31 st December 2012, have not been used up, or where an entitlement to use credits is granted under sub-regulation

(5), the aircraft operator may exchange CERs issued in respect of emission reductions from 2013 onwards from project types started from 2013 onwards in Least Developed Countries and which were eligible for use in the Union scheme during the period from 1 st January 2008 to 31 st December 2012, for allowances valid from 2013 onwards. This sub-regulation shall apply until such countries have ratified a relevant agreement with the Union or until 2020, whichever is the earlier.

(4)To the extent that the levels of CER and ERU use, allowed Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2013 to 31st December 2020. 18 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION to an aircraft operator for the period 1 st January 2012 to 31 st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation

(5), the aircraft operator may use credits from projects or other emission reducing activities in accordance with any agreements that may be concluded by the Union with third countries, up to levels of use as specified in such agreements, to comply with obligations under these regulations.

(5)For the period 1 st January 2013 to 31 st December 2020 an aircraft operator shall be entitled to use an additional quantity of CERs and ERUs up to an amount corresponding to a percentage of its verified emissions during the period from 1 st January 2013 to 31 st December 2020, as may be established by the Commission pursuant to Directive 2003/87/EC.

(6)For the purposes of this regulation, aircraft operators shall not use CERs or ERUs for which restrictions on use apply in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. Issue of CERs or ERUs from project activities in the aviation sector.

1. No CERs or ERUs shall be issued for reductions or limitations of greenhouse gas emissions with respect to aviation activities falling within the scope of these regulations. Operating ban. Amended by: L.N. 114 of
2. 20.

(1)Where an aircraft operator fails to comply with the requirements of these regulations and where enforcement measures fail to ensure compliance, the Authority may, after consultation with the regulatory authority responsible for aviation, ask the Minister to request the Commission to decide on the imposition of an operating ban on that aircraft operator. Such a request shall be m ad e i n a cc o r d a n ce , w h e r e a p p l i ca b l e , w i t h d e ci s i o n s a n d regulations adopted by the Commission pursuant to Directive 2003/ 87/EC.

(2)The Minister, before requesting the Commission to decide on the imposition of an operating ban on an aircraft operator, shall serve a notice to the aircraft operator which shall include: (

1. a)evidence that the aircraft operator has not complied with its obligations under these regulations and any decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (
2. b)information on enforcement action which has been taken in respect of the aircraft operator; and (
3. c)a draft of the request that the Minister intends to submit to the European Commission under subregulation

(1). The aircraft operator shall be given an opportunity to make submissions to the Minister, within a period of time indicated in the notice, which shall be of not more than twenty days, before the Minister submits a request for an operating ban to the Commission.

(3)The request made by the Minister to the Commission pursuant to sub-regulation

(1)shall include: (

1. a)evidence that the aircraft operator has not complied EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 19 with its obligations under these regulations and any decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (
2. b)information on enforcement action which has been taken in respect of the aircraft operator; and (
3. c)a justification for the imposition of an operating ban at Union level; and (
4. d)a recommendation for the scope of the operating ban and any conditions that should be applied.

(4)The Authority for Transport in Malta shall ensure that a decision adopted by the Commission pursuant to Directive 2003/ 87/EC to impose an operating ban on an aircraft operator is enforced within the territory of Malta. The Minister responsible for aviation shall inform the Commission of any measures taken to enforce such a decision.

1. Decisions related to the allocation of allowances to aircraft operators and reports of emissions submitted in accordance with regulation 10 shall be made available to the public in accordance with the Freedom of Access to Information on the Environment Regulations: Provided that any access to personal data shall be made in accordance with the Data Protection Act and that information covered by professional secrecy may not be disclosed to any other person or authority except by virtue of the applicable laws, regulations, administrative provisions and, or, the provisions of the Professional Secrecy Act: Access to information, disclosure of information and professional secrecy. S.L. 504.
2. Cap.
3. Cap.
4. Provided also that, without prejudice to this regulation and to the obligation which may be imposed on the Authority to disclose any information, the Authority shall not disclose any c o n f i d e n t i a l i n f o r m a t i o n o r an y p a r t s t h e r e o f o r a n y o t h e r information provided in connection with the report which should be treated as commercially confidential: Provided further that any information which shall be treated as commercially confidential shall be made known at all times to the Authority.
5. The Authority may require that submissions of applications, monitoring and reporting plans and reports under these regulations are made in the form and manner and by means of the medium as specified by it. Submission of applications, monitoring and reporting plans and reports.
6. The revenue from the auctioning of allowances, after deducting the audited costs to administer the EU ETS agreed between the Minister responsible for finance and the Authority, shall accrue to the consolidated fund. Revenue accruing from the auctioning of allowances. Substituted by: L.N. 267 of
8. The Administrative Review Tribunal shall have jurisdiction to hear and determine appeals from decisions of the Authority made under these regulations in terms of the Administrative Justice Act, which appeal shall be filed by not later than twenty

(20)Right of appeal. Cap.

1. Substituted by: L.N. 314 of
2. 20 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION days from the service of the said Authority’s decision, wherein the aggrieved party shall specify the reasons on the basis of which the said decision of the Authority should be cancelled or modified: Cap.
3. Derogations. Added by: L.N. 114 of
4. Amended by: L.N. 267 of 2019; L.N. 314 of
5. Provided that any party to the proceedings before the Administrative Review Tribunal who feels aggrieved by a decision of the said Tribunal, may appeal to the Court of Appeal on a point of law in accordance with the Code of Organization and Civil Procedure. 24A.

(1)By way of derogation from regulations 12, 13, 14, 15 and 16, the Authority shall consider the requirements set out in those provisions to be satisfied and shall take no action against an aircraft operator where that aircraft operator performs an aviation activity listed in Schedule 1 in respect of: (

1. a)all emissions from flights to and from aerodromes located in countries outside the European Economic Area in each calendar year from 1st January 2013 to 31st December 2023; (
2. b)all emissions from flights between an aerodrome located in an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union and an aerodrome located in another region of the European Economic Area in each calendar year from 1st January, 2013 to 31st December, 2023; (
3. c)all emissions from flights to and from aerodromes located in countries outside the European Economic Area, with the exception of flights to aerodromes located in the United Kingdom or Switzerland, in each calendar year from 1st January 2021 to 31st December 2026; (
4. d)all emissions from flights between an aerodrome located in an outermost region within the meaning of Article 349 Treaty on the Functioning of the European Union and an aerodrome located in another region of the European Economic Area in each calendar year from 1st January 2013 to 31st December 2023; and (
5. e)emissions released until 31st December 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State, including another aerodrome located in the same outermost region or in another outermost region of the same Member State.

(2)For the purposes of regulations 12, 13, 14, 15, 16 and 17, the verified emissions from flights other than those referred to in sub-regulation

(1)shall be considered to be the verified emissions of the aircraft operator.

(3)By way of derogation from sub-regulation

(1), an aircraft operator performing an aviation activity listed in Schedule 1, benefitting from the derogations provided for in paragraphs (a) to (e) of sub-regulation

(1), shall be issued a number of free allowances EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 21 reduced in proportion to the reduction of the surrender obligation provided for in those paragraphs.

(4)Deleted by Legal Notice 267 of 2019.

(5)By way of derogation from sub-regulation

(1), aircraft operators shall not be required to submit monitoring plans setting out measures to monitor and report emissions in respect of flights which are subject to the derogations provided for in paragraphs (a) to (e) of sub-regulation

(1).

(6)By way of derogation from regulations 12, 13 and 14, where an aircraft operator has total annual emissions from aviation activities listed in Schedule 1 lower than twenty five thousand (25,000) tonnes of carbon dioxide, its emissions shall be considered to be verified emissions if determined using a tool approved in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and populated by Eurocontrol with Eurocontrol data.

(7)By way of derogation from regulations 12, 13 and 14, where an aircraft operator has total annual emissions from flights other than those referred to in sub-regulation

(1)lower than three thousand (3,000) tonnes of carbon dioxide, its emissions shall be considered to be verified if determined using a tool approved in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and populated by Eurocontrol with Eurocontrol data.

(8)From 1st January, 2021, the number of allowances allocated to an aircraft operator in accordance with regulation 4 or regulation 5 shall, each year, decrease by a linear factor of 2.2%.

(9)By way of derogation from regulation 4

(1)and regulation 5

(1), regulations 4 and 5 shall not be applicable for the period beginning 1st January, 2021. 24B.

(1)In accordance with the methodology set out in relevant decisions or regulations adopted by

(3)of Directive 2003/87/ EC, and in respect of flights between Switzerland or the United Kingdom and States that are listed in relevant decisions and regulations adopted by

(2)In accordance with the methodology set out in relevant Offsetting requirements for aircraft operators. Added by: L.N. 314 of 2024. 22 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION decisions or regulations as adopted by

(3)An aircraft operator that fulfils the conditions set out in paragraph (aa) of regulation 3 shall cancel units referred to in regulation 24C only in respect of the quantity notified by the Authority to that aircraft operator in respect of the relevant CORSIA compliance period in accordance with sub-regulation

(2). The cancellation shall take place by 31st January 2025 for emissions in the period 2021 to 2023 and by 31st January 2028 for emissions in the period 2024 to 2026. Use of offsetting units. Added by: L.N. 314 of 2024. 24C.

(1)An aircraft operator that fulfils the conditions set out in paragraph (

1. aa)of regulation 3, performing aviation activities listed in Schedule 1A, shall be able to use the following units to comply with their obligations to cancel units in respect of the quantity notified in accordance with regulation 24B: (
2. a)credits authorised by parties participating in the mechanism established under Article 6

(4)of the Paris Agreement; (b) credits authorised by the parties participating in crediting programmes which have been considered eligible by the ICAO or its relevant decision making bodies, as identified in relevant decisions and regulations adopted by

(2)Units referred to in paragraphs (

1. a)and (
2. b)of subregulation

(1), may be used if the following conditions have been met: (

1. a)they originate from a State that is a party to the Paris Agreement at the time of use; (
2. b)they originate from a State that is listed in relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC as participating in ICAO’s CORSIA. This condition shall not apply in respect of emissions released EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 23 before the year 2027, nor shall it apply in respect of least developed countries or small island developing States, as defined by the United Nations, other than those identified in the relevant decisions and regulations adopted by

(3)of Directive 2003/87/EC.

(3)Units referred to in paragraphs (a), (

1. b)and (
2. c)of subregulation

(1), may be used if arrangements are in place for authorization by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by nationally determined contributions of the participating parties, and double counting and a net increase in global emissions are avoided, and taking into account any relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. 24D.

(1)In respect of emissions released until 31 December 2026 from flights to, or from States that are listed in relevant decisions and regulations adopted by

(3)of Directive 2003/87/EC, an aircraft operator that fulfils the conditions set out in paragraph (aa) of regulation 3 shall not be required to surrender allowances in accordance with regulation 16 in respect of those emissions.

(2)In respect of emissions released until 31 December 2026 from flights between the EEA and States that are not listed in relevant decisions and regulations adopted by

(3)of Directive 2003/87/EC, other than flights to Switzerland and to the United Kingdom, an aircraft operator that fulfils the conditions set out in regulation 3 (aa) of shall not be required to surrender allowances in accordance with regulation 16 in respect of those emissions.

(3)In respect of emissions from flights to, and from least developed countries and small island developing States as defined by the United Nations, other than those identified in the relevant decisions and regulations adopted by

(3)of Directive 2003/87/EC, an aircraft operator that fulfils the conditions set out in regulation 3(aa) shall not be required to surrender allowances in accordance with regulation 16 in respect of those emissions. Non-surrender of allowances by aircraft operators that fulfil certain conditions. Added by: L.N. 314 of 2024. 24 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 Amended by: Schedule 1 L.N. 114 of 2015; Regulations 1

(2), 2, 3, 4

(2), 4

(6)(b), 12

(1), 12

(9), L.N. 267 of 2019. Substituted by 16

(1)and 24A

(3)L.N. 314 of 2024. Categories of EU ETS Activities to which these Regulations apply Activities Flights which depart from, or arrive in an aerodrome situated in the territory of a Member State: This activity shall not include: (

1. a)flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of a country other than a Member State, where this is substantiated by an appropriate status indicator in the flight plan; (
2. b)military flights performed by military aircraft and customs and police flights; (
3. c)flights related to search and rescue, firefighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate authority; (
4. d)any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention; (
5. e)flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; Greenhouse Gases Carbon dioxide 25 26 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION (
6. f)training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and, or cargo or for the positioning or ferrying of the aircraft; (
7. g)flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing or certifying aircraft or equipment whether airborne or ground-based; (
8. h)flights performed by aircraft with a certified maximum take-off mass of less than five thousand and seven hundred (5,700) kg; (
9. i)flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 1008/ 2008 on routes within the outermost regions, as specified in Article 299

(2)of the Treaty establishing the European Community, or on routes where the capacity offered does not exceed fifty thousand (50,000) seats per year; (

1. j)flights which, but for this exclusion, would fall within the definition of aviation activity as listed here, performed by a commercial air transport operator operating either: (
2. i)fewer than two hundred and forty-three

(243)flights per period for three

(3)consecutive four

(4)-month periods; or EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 (

1. ii)flights with total annual emissions lower than ten thousand (10,000) tonnes per year: Provided that flights referred to in paragraphs (
2. l)and (
3. m)or performed exclusively for the transport, on official missions, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government, of a Member State may not be excluded under this paragraph; (
4. k)from 1 January 2013 to 31 December 2030, flights which, but for this point, would fall within this activity, performed by a non-commercial aircraft operator operating flights with total annual emissions lower than one thousand (1,000) tonnes of carbon dioxide equivalent per year. Flights performed exclusively for the transport, on official missions, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government, of a Member State may not be excluded under this paragraph; (
5. l)flights from aerodromes situated in Switzerland to aerodromes situated in the EEA; (
6. m)flights from aerodromes situated in the United Kingdom to aerodromes situated in the EEA. Schedule 1A Regulations 2, 3, 12, 24B and 24C Added by: L.N. 314 of 2024. Categories of CORSIA Activities to which these regulations apply Activities Greenhouse Gases 27 28 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION Flights between aerodromes that are located in two

(2)different States that are listed in the implementing act adopted pursuant to Article 25a

(3)of Directive 2003/ 87/EC and flights between Switzerland or the United Kingdom and States that are listed in relevant decisions and regulations adopted by the Commission pursuant to Article 25a

(3)of Directive 2003/87/EC and, for the purposes of regulations 24B, 24C and 24D, any other flight between aerodromes that are located in two

(2)different third countries by aircraft operators that fulfill all of the following conditions: (

1. a)the aircraft operators hold an air operator certificate issued by a Member State or are registered in a Member State, including in the outermost regions, dependencies and territories of that Member State; and (
2. b)they produce annual CO2 emissions greater than ten thousand (10,000) tonnes from the use of aeroplanes with a maximum certified take-off mass greater than five thousand and seven hundred (5,700) kg conducting flights covered by this Schedule, other than those departing and arriving in the same Member State, including outermost regions of the same Member State, from 1 January 2021; for the purposes of this paragraph, emissions from the following types of flights shall not be taken into account: (
3. i)State flights; (
4. ii)humanitarian flights; (iii) medical flights; (
5. iv)military flights; (
6. v)firefighting flights; Carbon dioxide EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 29 (
7. vi)flights preceding or following a humanitarian, medical or firefighting flight, provided that such flights were conducted with the same aircraft and were required to accomplish the related humanitarian, medical or firefighting activities or to reposition the aircraft after those activities for its next activity. Schedule 2 Regulation 2 Greenhouse gases Carbon dioxide (CO 2) Methane (CH 4) Nitrous Oxide (N 2O) Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulphur Hexafluoride (SF 6) Schedule 3 Regulations 6

(2)(a), 12

(3)(a), 13

(1)(a) and 14

(3)Subsituted by: L.N. 314 of 2024. Principles for Monitoring and Reporting of Emissions from Aviation Activities Monitoring of carbon dioxide emissions from aviation activities Emissions shall be monitored by calculation. Emissions shall be calculated using the formula: Fuel consumption × emission factor Fuel consumption shall include fuel consumed by the auxiliary power unit. Actual fuel consumption for each flight shall be used wherever possible and shall be calculated using the formula: Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete – amount of fuel contained in aircraft tanks once fuel uplift for subsequent 30 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION flight is complete + fuel uplift for that subsequent flight. If actual fuel consumption data are not available, a standardised tiered method shall be used to estimate fuel consumption data based on best available information. Default IPCC emission factors taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application in accordance with the said Directive, as set out in the implementing acts referred to in Article 14 of Directive 2003/87/EC, shall be zero. The emission factor for jet kerosene (Jet A1 or Jet A) shall be 3.16 (t CO2/t fuel). A separate calculation shall be made for each flight and for each fuel. Emissions from renewable fuels of non-biological origin using hydrogen from renewable sources compliant with Article 25 of Directive (EU) 2018/2001 shall be rated with zero emissions for the aircraft operators using them until the implementing act referred to in Article 14 of Directive 2003/87/EC is adopted. Reporting of emissions Each aircraft operator shall include the following information in its report referred to in regulation 13

(2): A. Data identifying the aircraft operator, including: (

1. i)name of the aircraft operator; (
2. ii)its administering Member State; (iii) its address, including postcode and country and, where different, its contact address in the administering Member State; (
3. iv)the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities listed in Schedule 1 and, or Schedule 1A; (
4. v)the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 and, or Schedule 1A were performed; (
5. vi)address, telephone, fax and e-mail details for a contact person; and (vii) B. name of the aircraft owner. For each type of fuel for which emissions are calculated: EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION (
6. i)fuel consumption; (
7. ii)emission factor; [ S.L.643.03 31 (iii) total aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 and, or Schedule 1A to these regulations, for which the operator in question is considered to be the aircraft operator; (
8. iv)aggregated emissions from: - all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 and, or Schedule 1A, for which the operator in question is considered to be the aircraft operator and which departed from an aerodrome situated in the territory of a Member State and arrived at an aerodrome situated in the territory of the same Member State, - all other flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 and, or Schedule 1A, for which the operator in question is considered to be the aircraft operator; (
9. v)aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1, for which the operator in question is considered to be the aircraft operator and which: - departed from each Member State; and - arrived in each Member State from a third country; (
10. vi)uncertainty. Schedule 4 Regulations 7

(1)(a), 13

(3)(a) and 14

(3)Criteria for Verification General Principles

1. Emissions from flights falling within aviation activities listed in Schedule 1 shall be subject to verification.
2. The verification process shall include consideration of the report pursuant to regulation 13

(2)and of monitoring during the preceding year. It shall address the reliability, credibility and accuracy of monitoring systems and the reported data and information relating to emissions, in particular: (

1. a)the reported activity data and related measurements and calculations; (
2. b)the choice and the employment of emission factors; 32 [ S.L.643.03 EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION (
3. c)the calculations leading to the determination of the overall emissions; and (
4. d)if measurement is used, the appropriateness of the choice and the employment of measuring methods. 3. Reported emissions may only be validated if reliable and credible data and information allow the emissions to be determined with a high degree of certainty. A high degree of certainty requires the aircraft operator to show that: (
5. a)the reported data is free of inconsistencies; (
6. b)the collection of the data has been carried out in accordance with the applicable scientific standards; and (
7. c)the relevant records of the aircraft used to perform the aviation activities covered by the report are complete and consistent. 4. The verifier shall be given access to all sites and information in relation to the subject of the verification. 5. The verifier shall take into account whether the aircraft operator is registered under the European Community eco-management and audit scheme (EMAS). Methodology Strategic analysis 6. The verification shall be based on a strategic analysis of all the aviation activities covered by the report carried out by the aircraft operator. This requires the verifier to have an overview of all the activities and their significance for emissions. Process analysis 7. The verification of the information submitted shall, where appropriate, be carried out at the sites used by the aircraft operator to perform the aviation activities covered by the report. The verifier shall use spot-checks to determine the reliability of the reported data and information. Risk analysis 8. The verifier shall submit all the aircraft for which the aircraft operator is responsible to an evaluation with regard to the reliability of the data of each source contributing to the overall emissions of the aircraft operator. 9. On the basis of this analysis the verifier shall explicitly identify those sources with a high risk of error and other aspects of the monitoring and reporting procedure which are likely to contribute to errors in the determination of the overall emissions. This especially involves the choice of the emission factors and the calculations necessary to determine the level of the emissions from individual sources. Particular attention shall be given to those sources with a high risk of error and the abovementioned aspects of the monitoring procedure. 10. The verifier shall take into consideration any effective risk control methods applied by the aircraft operator with a view to minimising the degree of uncertainty. Report 11. The verifier shall prepare a report on the validation process stating whether the report pursuant to regulation 13

(2)is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to regulation 13

(2)is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated. EUROPEAN UNION GREENHOUSE GAS EMISSIONS TRADING SYSTEM FOR AVIATION [ S.L.643.03 33 Minimum competency requirements for the verifier 12. The verifier shall be independent of the aircraft operator, carry out his activities in a sound and objective professional manner, and understand: (

1. a)the provisions of these regulations, as well as relevant standards and guidance adopted by the Commission pursuant to Directive 2003/87/EC and any requirements made by the Authority; (
2. b)the legislative, regulatory, and administrative requirements relevant to the activities being verified; and (
3. c)the generation of all information related to each aircraft for which the aircraft operator is responsible, in particular, relating to the collection, measurement, calculation and reporting of data. Additional provisions for the verification of aviation emission reports 13. The verifier shall in particular ascertain that: (
4. a)all flights falling within an aviation activity listed in Schedule 1 to these regulations have been taken into account. In this task the verifier shall be assisted by timetable data and other data on the aircraft operator’s traffic including data from Eurocontrol requested by that aircraft operator; (
5. b)there is overall consistency between aggregated fuel consumption data and data on fuel purchased or otherwise supplied to the aircraft performing the aviation activity. Additional provisions for the verification of tonne-kilometre data submitted for the purposes of regulations 4 and 5 14. The general principles and methodology for verifying emissions reports as set out in this Schedule shall, where applicable, also apply correspondingly to the verification of aviation tonne-kilometre data submitted under regulations 4

(2)and 5

(2).

1. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Schedule 1 for which the aircraft operator is responsible have been taken into account in that operator’s application under regulations 4 and
2. In this task the verifier shall be assisted by data on the aircraft operator’s traffic including data from Eurocontrol requested by that operator. In addition, the verifier shall ascertain that the payload reported by the aircraft operator corresponds to records on payloads kept by that operator for safety purposes.