European Union Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2012 (L.N. 386 of 2012)

B 3944 VERŻJONI ELETTRONIKA B 42 L.N. of 2012 ENVIRONMENT AND DEVELOPMENT PLANNING ACT (CAP. 504) MALTA RESOURCES AUTHORITY ACT (CAP. 423) European Union Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2012 IN exercise of the powers conferred by article 61 of the Environment and Development Planning Act and by article 28 of the Malta Resources Authority Act, the Minister for Tourism, Culture and Environment and the Minister for Resources and Rural Affairs, after consultation with the Malta Resources Authority and the Malta Environment and Planning Authority, have made the following regulations: 1. (1) The title of these regulations is the European Union Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2012. (2) These regulations provide for the implementation in Malta of the European Union scheme for greenhouse gas emissions allowance trading for the aviation activities listed in Schedule 1 to these regulations. These regulations transpose Directive 2008/101/ EC amending Directive 2003/87/EC, and Directive 2009/29/EC amending Directive 2003/87/EC in so far as it relates to aircraft operators. 2. For the purposes of these regulations and unless the context otherwise requires, the following definitions shall apply: “account holder” means a natural or legal person that holds an account in the Union registry; “aerodrome” means a defined area on land or water, including buildings, installations and equipment, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; “aircraft operator” means the person who operates an aircraft at the time it performs an aviation activity listed in Title, scope and commencement. Interpretation. L.N. 386 of 2012 B 3945 VERŻJONI ELETTRONIKA B 42 L.N. of 2012 ENVIRONMENT AND DEVELOPMENT PLANNING ACT (CAP. 504) MALTA RESOURCES AUTHORITY ACT (CAP. 423) European Union Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2012 IN exercise of the powers conferred by article 61 of the Environment and Development Planning Act and by article 28 of the Malta Resources Authority Act, the Minister for Tourism, Culture and Environment and the Minister for Resources and Rural Affairs, after consultation with the Malta Resources Authority and the Malta Environment and Planning Authority, have made the following regulations: 1. (1) The title of these regulations is the European Union Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2012. (2) These regulations provide for the implementation in Malta of the European Union scheme for greenhouse gas emissions allowance trading for the aviation activities listed in Schedule 1 to these regulations. These regulations transpose Directive 2008/101/ EC amending Directive 2003/87/EC, and Directive 2009/29/EC amending Directive 2003/87/EC in so far as it relates to aircraft operators. 2. For the purposes of these regulations and unless the context otherwise requires, the following definitions shall apply: “account holder” means a natural or legal person that holds an account in the Union registry; “aerodrome” means a defined area on land or water, including buildings, installations and equipment, intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft; “aircraft operator” means the person who operates an aircraft at the time it performs an aviation activity listed in Title, scope and commencement. Interpretation. B 43 Schedule 1 to these regulations or, where that person is not known or is not identified by the owner of the aircraft, the owner of the aircraft; “air service” means a flight or a series of flights carrying passengers, cargo and, or, mail for remuneration and, or, hire as defined in Article 2(4) of Regulation (EC) No. 1008/2008; “allowance” means an allowance to emit one tonne of carbon dioxide equivalent during a specified period, which shall be valid only for the purposes of meeting the requirements of these regulations and shall be transferable in accordance with the provisions of these regulations; “auctioneer” means the Debt Management Office within the Treasury Department appointed by the Government to auction allowances on its behalf; “authorised representatives” means the representatives, nominated by an account holder in respect of an account in the Union registry, to have access to that account and undertake processes relating to that account on behalf of the account holder; “the Authority” means the Malta Resources Authority established by article 3 of the Malta Resources Authority Act; “aviation emissions” or “emissions” means the release of greenhouse gases into the atmosphere from an aircraft performing an aviation activity listed in Schedule 1 to these regulations, as specified in respect of that activity; “base year” means, for the purposes of paragraph (b) of regulation 3 hereof, in relation to an aircraft operator which started operating in the Union after 1st January 2006, the first calendar year of operation, and in all other cases, the calendar year starting on 1st January 2006; “cancellation” means the definitive disposal of an allowance by its holder or by the national registry administrator as may be applicable; “certified emission reduction” or “CER” means a unit issued pursuant to Article 12 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; OJ:L:2008:293/3. Cap. 423. B 3946 VERŻJONI ELETTRONIKA B 44 “Chapter II allowance” means an allowance allocated and issued in respect of aviation activities listed in Annex I to Directive 2003/87/EC, in accordance with Chapter II of Directive 2003/87/EC; “Chapter I I I a l lowance” means an a l lowance allocated and issued in respect of activities listed in Annex I to Directive 2003/87/EC other than aviation activities, in accordance with Chapter III of Directive 2003/87/EC; “commercial air transport operator” means an operator that, for remuneration, provides scheduled or non-scheduled air transport services to the public for the carriage of passengers, freight or mail; “the Commission” means the European Commission; “confidential information” means any non-public information deemed to be sensitive by the operator and, or any privileged information falling within the scope of regulation 16 of these regulations, shared only for promoting and elaborating certain purposes. It shall include inter alia: (a) trade secrets; (b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) information other than trade secrets or information under paragraph (b) concerning a person, organisation or undertaking in respect of their business, professional, commercial or financial affairs; “deviation” means, in respect of monitoring of tonne kilometre data and annual emissions, the use of a monitoring approach that is different, in full or in part, from the approved monitoring and reporting plan, which use is of a temporary nature; “Directive 2003/87/EC” means 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; OJ:L:2003:275/32. B 3947 VERŻJONI ELETTRONIKA B 44 “Chapter II allowance” means an allowance allocated and issued in respect of aviation activities listed in Annex I to Directive 2003/87/EC, in accordance with Chapter II of Directive 2003/87/EC; “Chapter I I I a l lowance” means an a l lowance allocated and issued in respect of activities listed in Annex I to Directive 2003/87/EC other than aviation activities, in accordance with Chapter III of Directive 2003/87/EC; “commercial air transport operator” means an operator that, for remuneration, provides scheduled or non-scheduled air transport services to the public for the carriage of passengers, freight or mail; “the Commission” means the European Commission; “confidential information” means any non-public information deemed to be sensitive by the operator and, or any privileged information falling within the scope of regulation 16 of these regulations, shared only for promoting and elaborating certain purposes. It shall include inter alia: (a) trade secrets; (b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or (c) information other than trade secrets or information under paragraph (b) concerning a person, organisation or undertaking in respect of their business, professional, commercial or financial affairs; “deviation” means, in respect of monitoring of tonne kilometre data and annual emissions, the use of a monitoring approach that is different, in full or in part, from the approved monitoring and reporting plan, which use is of a temporary nature; “Directive 2003/87/EC” means 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; OJ:L:2003:275/32. B 45 “Directive 2008/101/EC” means Directive 2008/1010/ EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community; “Directive 2009/29/EC” means Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community; “emissions reduction unit” or “ERU” means a unit issued pursuant to Article 6 of the Kyoto Protocol and the decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; “flight” means one flight sector that is a flight or one of a series of flights which commences at a parking place of the aircraft and terminates at a parking place of the aircraft; “greenhouse gases” means the gases listed in Schedule 2 to these regulations; “Joint Implementation project activity” or “JI project activity” means a project activity undertaken in accordance with Article 12 of the Kyoto Protocol and decisions adopted pursuant to the UNFCCC or the Kyoto Protocol; “Kyoto Protocol” means the Kyoto Protocol to the UNFCCC; “Least Developed Countries” means those countries included in the list of Least Developed Countries as defined by the Committee for Development Policy and endorsed by the Economic and Social Council of the United Nations; “Member State” means a state which is a member of the European Union and shall also include Iceland, Liechtenstein and Norway; “the Minister” means the Minister responsible for climate change policy, unless stated otherwise; “modification” means, in respect of monitoring of tonne kilometre data and annual emissions, a permanent change in OJ:L:2009:8/3. OJ:L:2009:140/63. B 3948 VERŻJONI ELETTRONIKA B 46 an approved monitoring plan, in full or in part, and, where deemed to be of a significant nature, shall require the approval of the Authority before it shall become valid; “National Accreditation Board (Malta)” means the National Accreditation Board (Malta) established by the National Accreditation Board (Malta) (Establishment) Regulations, 2007; “national registry administrator” means the entity, designated in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC, being responsible for the management, on behalf of the Government, of aircraft operator holding accounts under the jurisdiction of the Government in the Union registry; “operating licence” means an authorization granted by a relevant competent licencing authority to an undertaking, permitting it to provide air services as stated in the operating licence; “other accounting units” means units other than allowances, and including CERs and ERUs, which may be used by aircraft operators for the purpose of meeting obligations under these regulations in accordance with these regulations and relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; “person” means any natural or legal person; “the publ ic” means one or more persons and associations, organisations or groups of persons; “Regulation (EC) No. 765/2008” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93; “Regulation (EC) No. 1008/2008” means Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast); S.L. 419.07. OJ:L:2008:218/30. OJ:L:2008:293/3. B 3949 VERŻJONI ELETTRONIKA B 46 an approved monitoring plan, in full or in part, and, where deemed to be of a significant nature, shall require the approval of the Authority before it shall become valid; “National Accreditation Board (Malta)” means the National Accreditation Board (Malta) established by the National Accreditation Board (Malta) (Establishment) Regulations, 2007; “national registry administrator” means the entity, designated in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC, being responsible for the management, on behalf of the Government, of aircraft operator holding accounts under the jurisdiction of the Government in the Union registry; “operating licence” means an authorization granted by a relevant competent licencing authority to an undertaking, permitting it to provide air services as stated in the operating licence; “other accounting units” means units other than allowances, and including CERs and ERUs, which may be used by aircraft operators for the purpose of meeting obligations under these regulations in accordance with these regulations and relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; “person” means any natural or legal person; “the publ ic” means one or more persons and associations, organisations or groups of persons; “Regulation (EC) No. 765/2008” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93; “Regulation (EC) No. 1008/2008” means Regulation (EC) No. 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (Recast); S.L. 419.07. OJ:L:2008:218/30. OJ:L:2008:293/3. B 47 “Regulation (EC) No. 748/2009” means 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; “surrender” means the accounting of an allowance by an aircraft operator against verified emissions; “Union” and “European Union” shall have the same meaning of “the European Union” as in the European Union Act; “Union registry” means the registry established and maintained in accordance with Article 19 of Directive 2003/87/EC for the execution of processes pertaining to the maintenance of holding accounts and the allocation, surrender and cancellation of allowances; “UNFCCC” means the United Nations Framework Convention on Climate Change which entered into force on 21st March, 1994; “verifier” means a legal person or another legal entity carrying out verification activities pursuant to these regulations and accredited by a national accreditation body pursuant to Regulation (EC) No 765/2008 and relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC, or natural person otherwise authorised, without prejudice to Article 5(2) of Regulation (EC) 765/2008, at the time a verification report is issued. 3. These regulations shall apply to aircraft operators performing aviation activities listed in Schedule 1 to these regulations, resulting in emissions of greenhouse gases specified in respect of those activities, and: (a) who have a valid operating licence granted by Malta in accordance with the provisions of Regulation (EC) No. 1008/2008; or (b) for whom Malta, being the Member State with the greatest estimated attributed aviation emissions from aviation activities as listed in Schedule 1 to these regulations OJ:L:2009:219/1. Cap. 460. Applicability. B 3950 VERŻJONI ELETTRONIKA B 48 performed in the base year by those aircraft operators, has been designated as the administering Member State either in Regulation (EC) No 748/2009, or by means of any measure taken by the Commission pursuant to Directive 2003/87/EC or by the Authority in terms of these regulations. 4. (1) For the period from 1st January, 2012 to 31st December, 2012, for the eight-year period beginning 1st January, 2013, and for each subsequent period thereafter, an aircraft operator may apply for an allocation of Chapter II allowances that are to be allocated free of charge. (2) An application made by an aircraft operator pursuant to sub-regulation (1) of this regulation may be made by submitting to the Authority verified tonne-kilometre data for the aviation activities listed in Schedule 1 to these regulations performed by that aircraft operator for the monitoring year. For the purposes of this regulation: (a) the monitoring year for the period from 1st January, 2012 to 31st December, 2012 shall be 2010; (b) the monitoring year for the period beginning 1st January, 2013 shall be 2010; and (c) the monitoring year for subsequent periods shall be the calendar year ending 24 months before the start of the period to which the application relates. (3) An application made in terms of sub-regulation (1) of this regulation shall be submitted to the Authority: (a) in relation to the period from 1st January, 2012 to 31st December, 2012, by the 31st March, 2011; (b) in relation to the period beginning 1st January, 2013, by 31st March, 2011; (c) in relation to subsequent periods, by at least 21 months before the start of the period to which the application relates. (4) The Authority shall submit to the Commission any application received pursuant to sub-regulation (1) of this regulation, if it is satisfied that the application is in accordance with Allocation of free allowances to aircraft operators. B 3951 VERŻJONI ELETTRONIKA B 48 performed in the base year by those aircraft operators, has been designated as the administering Member State either in Regulation (EC) No 748/2009, or by means of any measure taken by the Commission pursuant to Directive 2003/87/EC or by the Authority in terms of these regulations. 4. (1) For the period from 1st January, 2012 to 31st December, 2012, for the eight-year period beginning 1st January, 2013, and for each subsequent period thereafter, an aircraft operator may apply for an allocation of Chapter II allowances that are to be allocated free of charge. (2) An application made by an aircraft operator pursuant to sub-regulation (1) of this regulation may be made by submitting to the Authority verified tonne-kilometre data for the aviation activities listed in Schedule 1 to these regulations performed by that aircraft operator for the monitoring year. For the purposes of this regulation: (a) the monitoring year for the period from 1st January, 2012 to 31st December, 2012 shall be 2010; (b) the monitoring year for the period beginning 1st January, 2013 shall be 2010; and (c) the monitoring year for subsequent periods shall be the calendar year ending 24 months before the start of the period to which the application relates. (3) An application made in terms of sub-regulation (1) of this regulation shall be submitted to the Authority: (a) in relation to the period from 1st January, 2012 to 31st December, 2012, by the 31st March, 2011; (b) in relation to the period beginning 1st January, 2013, by 31st March, 2011; (c) in relation to subsequent periods, by at least 21 months before the start of the period to which the application relates. (4) The Authority shall submit to the Commission any application received pursuant to sub-regulation (1) of this regulation, if it is satisfied that the application is in accordance with Allocation of free allowances to aircraft operators. B 49 the provisions of this regulation and that the aircraft operator who submitted the application has complied with regulations 6 and 7 of these regulations. (5) The Authority shall submit to the Commission any application pursuant to sub-regulation (4) of this regulation: (a) in relation to the period from 1st January 2012 to the 31st December, 2012, by 30th June, 2011; (b) in relation to the period beginning 1st January, 2013, by 30th June, 2011; (c) in relation to subsequent periods, by at least 18 months before the start of the period to which the application relates. (6) Pursuant to a decision adopted by the Commission pursuant to Directive 2003/87/EC setting out the benchmark for a period to be used to allocate Chapter II allowances free of charge to aircraft operators for the period to which such a decision relates, the Authority shall, within three months of such a decision, calculate and publish: (a) the total allocation of Chapter II allowances for such period, to each aircraft operator whose application it has submitted to the Commission, in accordance with sub regulation (4), calculated by multiplying the tonne-kilometre data included in the application by the benchmark set out in the Commission decision; and (b) the allocation of Chapter II allowances to each aircraft operator for each year, which shall be determined by dividing its total allocation of allowances for the period calculated under paragraph (a) by the number of years in the period for which that aircraft operator is performing an aviation activity listed in Schedule 1 to these regulations. 5. (1) For the period beginning 1st January, 2013 or a subsequent period, an aircraft operator may apply for a free allocation of Chapter II allowances from the special reserve set aside pursuant to Article 3(f) of Directive 2003/87/EC as amended by Directive 2008/101/EC. An application for a free allocation from the special reserve may be made by an aircraft operator: Allocation of free allowances from special reserve to aircraft operators. B 3952 VERŻJONI ELETTRONIKA B 50 (a) who starts performing an aviation activity falling within Schedule 1 to these regulations after the monitoring year for which tonne-kilometre data had to be submitted in respect of the period beginning 1st January, 2013 or a subsequent period, where such activity is not, in whole or in part, a continuation of an aviation activity previously performed by another aircraft operator; or (b) whose tonne-kilometre data increases by an average of more than 18% annually between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period, where such an increase in tonne-kilometre data is not, in whole or in part, the result of a continuation of an aviation activity previously performed by another aircraft operator. (2) An aircraft operator who is eligible under sub regulation (1) of this regulation may apply for a free allocation of Chapter II allowances from the special reserve by submitting an application to the Authority, and such an application shall be made by the 30th June of the third year of the period to which the application relates. (3) An application under sub-regulation (2) of this regulation shall: (a) include verified tonne-kilometre data for the aviation activities listed in Schedule 1 to these regulations performed by the aircraft operator in the second calendar year of the period to which the application relates; (b) provide evidence that the criteria for eligibility under sub-regulation (1) of this regulation are fulfilled; and (c) in the case of an aircraft operator falling within paragraph (b) of sub-regulation (1) of this regulation, state: (i) the percentage increase in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period; B 3953 VERŻJONI ELETTRONIKA B 50 (a) who starts performing an aviation activity falling within Schedule 1 to these regulations after the monitoring year for which tonne-kilometre data had to be submitted in respect of the period beginning 1st January, 2013 or a subsequent period, where such activity is not, in whole or in part, a continuation of an aviation activity previously performed by another aircraft operator; or (b) whose tonne-kilometre data increases by an average of more than 18% annually between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period, where such an increase in tonne-kilometre data is not, in whole or in part, the result of a continuation of an aviation activity previously performed by another aircraft operator. (2) An aircraft operator who is eligible under sub regulation (1) of this regulation may apply for a free allocation of Chapter II allowances from the special reserve by submitting an application to the Authority, and such an application shall be made by the 30th June of the third year of the period to which the application relates. (3) An application under sub-regulation (2) of this regulation shall: (a) include verified tonne-kilometre data for the aviation activities listed in Schedule 1 to these regulations performed by the aircraft operator in the second calendar year of the period to which the application relates; (b) provide evidence that the criteria for eligibility under sub-regulation (1) of this regulation are fulfilled; and (c) in the case of an aircraft operator falling within paragraph (b) of sub-regulation (1) of this regulation, state: (i) the percentage increase in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period; B 51 (ii) the absolute growth in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period; and (iii) the absolute growth in tonne-kilometres performed by that aircraft operator between the monitoring year for which tonne-kilometre data was submitted under regulation 4 of these regulations in respect of the period beginning 1st January, 2013 or a subsequent period and the second calendar year of that period which exceeds the percentage specified in paragraph (b) of sub-regulation (1) of this regulation. (4) The Authority shall submit to the Commission any application received pursuant to sub-regulation (2) of this regulation, if it is satisfied that the application is in accordance with this regulation and that the aircraft operator who submitted the application has complied with regulations 6 and 7 of these regulations. The Authority shall submit any such application by not later than the 31st December of the third year of the period to which the application relates. (5) Pursuant to a decision adopted by the Commission setting out the benchmark for a period to be used to allocate Chapter II allowances free of charge from the special reserve to aircraft operators for the period to which such a decision relates, the Authority shall, within three months of such a decision, calculate and publish: (a) the allocation of Chapter II allowances from the special reserve to each aircraft operator whose application it has submitted to the Commission in accordance with sub regulation (4) of this regulation; and (b) the allocation of Chapter II allowances from the special reserve to each aircraft operator for each year, which shall be determined by dividing the allocation as determined under paragraph (a) by the number of calendar years remaining in the period to which the allocation relates. (6) The allocation of Chapter II allowances from the B 3954 VERŻJONI ELETTRONIKA B 52 special reserve to each aircraft operator under paragraph (a) of sub regulation (5) of this regulation shall be calculated by multiplying the benchmark set out in the Commission decision referred to under sub-regulation (5) of this regulation in the case of: (a) an aircraft operator falling within paragraph (a) of sub-regulation (1) of this regulation whose application was submitted to the Commission pursuant to sub-regulation (4) of this regulation, by the tonne-kilometre data included in the application submitted to the Commission; (b) an aircraft operator falling within paragraph (b) of sub-regulation (1) of this regulation whose application was submitted to the Commission pursuant to sub-regulation (4) of this regulation, by the absolute growth in tonne-kilometres exceeding the percentage specified in paragraph (b) of sub regulation (1) of this regulation included in the application submitted to the Commission. (7) An allocation to an aircraft operator eligible for an allocation of Chapter II allowances under paragraph (b) of sub-regulation (1) of this regulation shall not exceed one million Chapter II allowances. 6. (1) An aircraft operator who intends to submit an application for free Chapter II allowances pursuant to regulation 4 or 5 shall submit, to the Authority, a monitoring plan setting out measures to monitor and report tonne-kilometre data from aviation activities listed in Schedule 1 to these regulations. The plan shall be submitted by not later than 120 days before the start of the monitoring year to which the monitoring plan relates, or by such date as may be determined by the Authority. (2) The monitoring plan shall be in accordance with: (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of monitoring and reporting of tonne-kilometre data for aviation activities. Monitoring of tonne kilometre data for aviation activities. B 3955 VERŻJONI ELETTRONIKA B 52 special reserve to each aircraft operator under paragraph (a) of sub regulation (5) of this regulation shall be calculated by multiplying the benchmark set out in the Commission decision referred to under sub-regulation (5) of this regulation in the case of: (a) an aircraft operator falling within paragraph (a) of sub-regulation (1) of this regulation whose application was submitted to the Commission pursuant to sub-regulation (4) of this regulation, by the tonne-kilometre data included in the application submitted to the Commission; (b) an aircraft operator falling within paragraph (b) of sub-regulation (1) of this regulation whose application was submitted to the Commission pursuant to sub-regulation (4) of this regulation, by the absolute growth in tonne-kilometres exceeding the percentage specified in paragraph (b) of sub regulation (1) of this regulation included in the application submitted to the Commission. (7) An allocation to an aircraft operator eligible for an allocation of Chapter II allowances under paragraph (b) of sub-regulation (1) of this regulation shall not exceed one million Chapter II allowances. 6. (1) An aircraft operator who intends to submit an application for free Chapter II allowances pursuant to regulation 4 or 5 shall submit, to the Authority, a monitoring plan setting out measures to monitor and report tonne-kilometre data from aviation activities listed in Schedule 1 to these regulations. The plan shall be submitted by not later than 120 days before the start of the monitoring year to which the monitoring plan relates, or by such date as may be determined by the Authority. (2) The monitoring plan shall be in accordance with: (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of monitoring and reporting of tonne-kilometre data for aviation activities. Monitoring of tonne kilometre data for aviation activities. B 53 (3) The monitoring plan submitted by an aircraft operator pursuant to sub-regulation (1) of this regulation shall be approved by the Authority, if it is satisfied that the plan is in accordance with the requirements of this regulation. The Authority may request from the aircraft operator any additional information it deems appropriate for the approval of the plan. (4) An aircraft operator shall notify the Authority of any deviations from the monitoring plan that may occur at any time after the approval of the plan: Provided that the Authority shall be notified of any deviation from the plan: (a) as early as possible before the deviation occurs, if the deviation is known by the operator or is made known to the operator prior to its occurrence; or, (b) immediately after the deviation occurs if the occurrence of the deviation is not known to the operator or is not made known to the operator before or at the time of its occurrence. An aircraft operator shall maintain a documented record, which shall include information in accordance with requirements that may be established by the Authority, of any deviations that occur during a monitoring year and shall submit such record to the Authority together with the verified tonne-kilometre data submitted in respect of that monitoring year pursuant to regulation 4 or regulation 5 of these regulations. (5) An aircraft operator may at any time after the approval of the monitoring plan submit to the Authority proposed modifications that have to be made to the plan, in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. The aircraft operator shall maintain a documented record of all modifications to the monitoring plan. No proposed significant modifications to an approved plan shall be valid without the approval of the Authority. (6) Where it deems appropriate, the Authority may request the submission of a revised plan. B 3956 VERŻJONI ELETTRONIKA B 54 (7) Without prejudice to sub-regulation (4) of this regulation, an aircraft operator shall monitor tonne-kilometre data in accordance with the monitoring plan approved by the Authority in accordance with this regulation. 7. (1) The tonne-kilometre data submitted by an aircraft operator pursuant to regulations 4 or 5 of these regulations shall be verified by a verifier in accordance with: (a) the principles set out in Schedule 4 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and, (c) any other requirements made by the Authority in respect of verification of tonne-kilometre data for aviation activities. (2) A verification report shall be submitted by the aircraft operator to the Authority with a tonne-kilometre data report submitted for the purposes of an application under regulations 4 or 5 of these regulations. (3) A verifier performing verification of tonne kilometre data of an aircraft operator shall notify the Authority and the National Accreditation Board (Malta) of the planned time and place of the verification and the identity of the aircraft operator whose tonne-kilometre data are subject to its verification by not later than 30 days prior to the date when the verification is to be performed. 8. (1) The Authority may perform any checks it deems necessary to ensure that a tonne-kilometre data report submitted by an aircraft operator is in accordance with regulations 6 and 7 of these regulations. (2) The Authority shall, on the basis of the information included in the submitted tonne-kilometre report, the verification report submitted in accordance with regulation 7 of these regulations and its own checks, and by not later than 30 days after the date of submission of the report, determine whether it can accept the submitted report. The Authority shall not accept a report of tonne-kilometre data for which a verification report has not been submitted. The Authority shall inform the aircraft operator, in writing or by other documented means, of its decision. Verification of tonne kilometre data for aviation activities. Acceptance by the Authority of verified tonne-kilometre data reports. B 3957 VERŻJONI ELETTRONIKA B 54 (7) Without prejudice to sub-regulation (4) of this regulation, an aircraft operator shall monitor tonne-kilometre data in accordance with the monitoring plan approved by the Authority in accordance with this regulation. 7. (1) The tonne-kilometre data submitted by an aircraft operator pursuant to regulations 4 or 5 of these regulations shall be verified by a verifier in accordance with: (a) the principles set out in Schedule 4 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and, (c) any other requirements made by the Authority in respect of verification of tonne-kilometre data for aviation activities. (2) A verification report shall be submitted by the aircraft operator to the Authority with a tonne-kilometre data report submitted for the purposes of an application under regulations 4 or 5 of these regulations. (3) A verifier performing verification of tonne kilometre data of an aircraft operator shall notify the Authority and the National Accreditation Board (Malta) of the planned time and place of the verification and the identity of the aircraft operator whose tonne-kilometre data are subject to its verification by not later than 30 days prior to the date when the verification is to be performed. 8. (1) The Authority may perform any checks it deems necessary to ensure that a tonne-kilometre data report submitted by an aircraft operator is in accordance with regulations 6 and 7 of these regulations. (2) The Authority shall, on the basis of the information included in the submitted tonne-kilometre report, the verification report submitted in accordance with regulation 7 of these regulations and its own checks, and by not later than 30 days after the date of submission of the report, determine whether it can accept the submitted report. The Authority shall not accept a report of tonne-kilometre data for which a verification report has not been submitted. The Authority shall inform the aircraft operator, in writing or by other documented means, of its decision. Verification of tonne kilometre data for aviation activities. Acceptance by the Authority of verified tonne-kilometre data reports. B 55 (3) Where it deems necessary, the Authority may require the submission of a revised tonne-kilometre report. The revised tonne-kilometre report shall be verified in accordance with regulation 7 except where otherwise decided by the Authority. 9. (1) The quantity of Chapter II allowances that are not allocated free of charge, as determined for Malta in accordance with Directive 2003/87/EC, shall be auctioned by the auctioneer in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. (2) The auctioneer shall act in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. 10. (1) Chapter II allowances issued to aircraft operators in terms of these regulations shall be held in the Union registry. An aircraft operator shall have an aircraft operator holding account in the Union registry. (2) The Authority shall act as national registry administrator in respect of aircraft operator holding accounts of aircraft operators to which these regulations apply. The national registry administrator shall perform its functions in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. The national registry administrator shall ensure that there is no conflict of interest between itself and holders of aircraft operator holding accounts. (3) A request to open an aircraft operator holding account shall be made by the Authority or the aircraft operator to the national registry administrator. (4) A request for the opening of an aircraft operator holding account shall include all information required by the national registry administrator in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and any requirements and terms and conditions made by the national registry administrator. (5) The national registry administrator shall open and administer an aircraft operator holding account for an aircraft operator in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and any terms and conditions it may make. The national registry Auctioning of allowances. Registry. B 3958 VERŻJONI ELETTRONIKA B 56 administrator shall not open an account unless it is satisfied that the request is in accordance with the requirements of this regulation. (6) An account holder of an aircraft operator holding account and its nominated authorised representatives shall act in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and any terms and conditions made by the national registry administrator. (7) Where an aircraft operator fails to comply with any requirements of decisions and regulations adopted by the Commission in respect of registries or terms and conditions made by the national registry administrator in respect of registries, the national registry administrator may prevent the transfer of allowances or other accounting units into and out of the aircraft operator holding account held by that aircraft operator until non compliance is rectified: Provided that the national registry administrator shall not prevent surrender or cancellation of allowances in accordance with regulation 16 of these regulations. 11. (1) The Authority shall, by the 28th February, 2012 and by the 28th February of each subsequent year, issue to each aircraft operator the number of Chapter II allowances allocated to that aircraft operator for that year as determined under paragraph (b) of sub-regulation (6) of regulation 4 of these regulations or paragraph (b) of sub-regulation (5) of regulation 5 of these regulations. Issuance of allowances shall be carried out in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. (2) Each aircraft operator shall be issued Chapter II allowances in accordance with sub-regulation (1) of this regulation in the aircraft operator’s holding account held in the Union registry. (3) Chapter II allowances issued in accordance with sub-regulation (1) of this regulation in respect of the period from 1st January, 2012 to 31st December, 2012, the period beginning 1st January, 2013 and subsequent periods shall be valid for emissions during the period for which they are issued. (4) Four months after the beginning of the period commencing on the 1st January, 2013 and subsequent periods the Issuing of allowances allocated to aircraft operators and validity of allowances. B 3959 VERŻJONI ELETTRONIKA B 56 administrator shall not open an account unless it is satisfied that the request is in accordance with the requirements of this regulation. (6) An account holder of an aircraft operator holding account and its nominated authorised representatives shall act in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and any terms and conditions made by the national registry administrator. (7) Where an aircraft operator fails to comply with any requirements of decisions and regulations adopted by the Commission in respect of registries or terms and conditions made by the national registry administrator in respect of registries, the national registry administrator may prevent the transfer of allowances or other accounting units into and out of the aircraft operator holding account held by that aircraft operator until non compliance is rectified: Provided that the national registry administrator shall not prevent surrender or cancellation of allowances in accordance with regulation 16 of these regulations. 11. (1) The Authority shall, by the 28th February, 2012 and by the 28th February of each subsequent year, issue to each aircraft operator the number of Chapter II allowances allocated to that aircraft operator for that year as determined under paragraph (b) of sub-regulation (6) of regulation 4 of these regulations or paragraph (b) of sub-regulation (5) of regulation 5 of these regulations. Issuance of allowances shall be carried out in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. (2) Each aircraft operator shall be issued Chapter II allowances in accordance with sub-regulation (1) of this regulation in the aircraft operator’s holding account held in the Union registry. (3) Chapter II allowances issued in accordance with sub-regulation (1) of this regulation in respect of the period from 1st January, 2012 to 31st December, 2012, the period beginning 1st January, 2013 and subsequent periods shall be valid for emissions during the period for which they are issued. (4) Four months after the beginning of the period commencing on the 1st January, 2013 and subsequent periods the Issuing of allowances allocated to aircraft operators and validity of allowances. B 57 Authority shall cancel allowances that are no longer valid for that period and have not been surrendered and cancelled in accordance with regulation 16 of these regulations. (5) For each period referred to in sub-regulation (4) of this regulation, the Authority shall issue allowances to aircraft operators for the current period to replace any allowances held by them which are cancelled in accordance with sub-regulation (4) of this regulation. (6) Where Chapter II allowances are issued to an aircraft operator in respect of a year pursuant to sub-regulation (1) of this regulation, and, in accordance with relevant decisions and regulations adopted by the Commission pursuant to Article 25a of Directive 2003/87/EC or pursuant to a decision taken by the Authority in consequence of these decisions and regulations, the quantity of Chapter II allowances allocated to that aircraft operator for that year, as determined under paragraph (b) of sub regulation (6) of regulation 4 of these regulations or paragraph (b) of sub-regulation (5) of regulation 5 of these regulations, is to be decreased, the aircraft operator shall restitute a quantity of allowances equivalent to the amount by which the allocation is to be decreased. 12. (1) An aircraft operator shall submit to the Authority a monitoring plan setting out measures to monitor and report emissions of greenhouse gases specified in respect of aviation activities in Schedule 1 to these regulations. A monitoring plan shall be submitted by an aircraft operator to the Authority at the latest 120 days before the aircraft operator commences aviation activities listed in Schedule 1 to these regulations: Provided that, where an aircraft operator performs an aviation activity listed in Schedule 1 to these regulations for the first time that could not be foreseen before 120 days of the activity taking place, a monitoring plan shall be submitted to the Authority by not later than six weeks after the performance of that activity: Provided further that, where an aircraft operator for whom Malta is designated as the administering Member State pursuant to regulation 3 of these regulations, after it performs an aviation activity listed in Schedule 1 to these regulations for the first time, a monitoring plan shall be submitted to the Authority without undue delay after Malta is designated as the administering Member State for that aircraft operator or within a timeframe Monitoring of annual emissions. B 3960 VERŻJONI ELETTRONIKA B 58 as may be agreed upon between the aircraft operator and the Authority. (2) The monitoring plan shall be in accordance with: (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of monitoring and reporting of emissions of greenhouse gases from aviation activities. (3) The monitoring plan submitted by an aircraft operator pursuant to sub-regulation (1) of this regulation shall be approved by the Authority, if it is satisfied that the plan is in accordance with the requirements set out under this regulation. The Authority may request from the aircraft operator any additional information it deems appropriate for the approval of the plan. (4) An aircraft operator shall notify the Authority of any deviations from the monitoring plan that may occur at any time after the approval of the plan by the Authority: Provided that the Authority shall be notified of any deviation from the plan: (a) as early as possible before the deviation occurs, if the deviation is known to the operator or is made known to the operator prior to its occurrence; or, (b) immediately after the deviation occurs if the occurrence of the deviation is not known to the operator or is not made known to the operator before or at the time of its occurrence. An aircraft operator shall maintain a documented record, which shall include information in accordance with requirements that may be established by the Authority, of any deviations that occur during a monitoring year and shall submit such record to the Authority together with the annual emissions report submitted pursuant to this regulation. B 3961 VERŻJONI ELETTRONIKA B 58 as may be agreed upon between the aircraft operator and the Authority. (2) The monitoring plan shall be in accordance with: (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of monitoring and reporting of emissions of greenhouse gases from aviation activities. (3) The monitoring plan submitted by an aircraft operator pursuant to sub-regulation (1) of this regulation shall be approved by the Authority, if it is satisfied that the plan is in accordance with the requirements set out under this regulation. The Authority may request from the aircraft operator any additional information it deems appropriate for the approval of the plan. (4) An aircraft operator shall notify the Authority of any deviations from the monitoring plan that may occur at any time after the approval of the plan by the Authority: Provided that the Authority shall be notified of any deviation from the plan: (a) as early as possible before the deviation occurs, if the deviation is known to the operator or is made known to the operator prior to its occurrence; or, (b) immediately after the deviation occurs if the occurrence of the deviation is not known to the operator or is not made known to the operator before or at the time of its occurrence. An aircraft operator shall maintain a documented record, which shall include information in accordance with requirements that may be established by the Authority, of any deviations that occur during a monitoring year and shall submit such record to the Authority together with the annual emissions report submitted pursuant to this regulation. B 59 (5) An aircraft operator may at any time after the approval of the monitoring plan submit to the Authority proposed modifications that have to be made to the plan, in accordance with the relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. The aircraft operator shall maintain a documented record of all modifications to the monitoring plan. No proposed significant modifications to an approved plan shall be valid without the approval of the Authority. (6) Where it deems appropriate, the Authority may request the submission of a revised plan. (7) An aircraft operator shall review the monitoring plan before the start of the period beginning from 1st January, 2013 and each subsequent period and submit a revised monitoring plan as appropriate. (8) An aircraft operator shall: (a) from the monitoring year 1st January, 2010 to 31st December, 2010 in the case of an aircraft operator for whom Malta is identified as the administering Member State before the start of that monitoring year; or (b) from the first monitoring year applicable to it in the case of an aircraft operator for whom Malta is identified as the administering Member State after the beginning of the monitoring year 1st January, 2010 to 31st December, 2010, monitor emissions from aircraft which it operates that perform aviation activities listed in Schedule 1 to these regulations, during each monitoring year. (9) Without prejudice to sub-regulation (4) of this regulation, 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 under 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 of these regulations, for each monitoring year in accordance with: Reporting of verified annual emissions. B 3962 VERŻJONI ELETTRONIKA B 60 (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of reporting of emissions of greenhouse gases from aviation activities. (2) A report on emissions for each monitoring year shall be submitted to the Authority by not later than 31st March of the subsequent year. (3) The report submitted by an aircraft operator pursuant to sub-regulation (2) of this regulation shall be verified by a verifier in accordance with: (a) the principles set out in Schedule 4 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of verification of reports of emissions of greenhouse gases from aviation activities. (4) A verification report shall be submitted by the aircraft operator to the Authority with each emission report submitted. (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 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 of these regulations, or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18 of these regulations. B 3963 VERŻJONI ELETTRONIKA B 60 (a) the principles set out in Schedule 3 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of reporting of emissions of greenhouse gases from aviation activities. (2) A report on emissions for each monitoring year shall be submitted to the Authority by not later than 31st March of the subsequent year. (3) The report submitted by an aircraft operator pursuant to sub-regulation (2) of this regulation shall be verified by a verifier in accordance with: (a) the principles set out in Schedule 4 to these regulations; and (b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and (c) any other requirements made by the Authority in respect of verification of reports of emissions of greenhouse gases from aviation activities. (4) A verification report shall be submitted by the aircraft operator to the Authority with each emission report submitted. (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 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 of these regulations, or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18 of these regulations. B 61 (6) A verifier performing verification of an annual emission report of an aircraft operator shall notify the Authority and the National Accreditation Board (Malta) of the planned time and place of the verification and the identity of the aircraft operator whose annual emissions report is subject to its verification by not later than 30 days prior to the date when the verification is to be performed. 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 of these regulations. (2) The Authority shall, on the basis of the information included in the submitted report, the verification report submitted in accordance with regulation 13 of these regulations and its own checks, and by not later than 30 days after the date of submission of the report, determine whether it can accept the submitted report. The Authority shall not accept a report of annual emissions for which a verification report has not been submitted. The Authority shall inform the aircraft operator, in writing or 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 of these regulations. (3) Where, in respect of any monitoring year, an aircraft operator does not submit a verified emissions report in accordance with regulation 13 of these regulations or where it is deemed that the aircraft operator has not submitted an emissions report which is in accordance with the requirements set out in regulation 13 of these regulations, the Authority may, unless there is a written agreement between the Authority and the aircraft operator providing otherwise, itself determine the emissions for aviation activities performed by the aircraft operator for such year for which the verified report was not submitted. The Authority shall use best available data and ensure that a conservative estimate is made that does not under-estimate emissions. When annual emissions are determined under this sub-regulation, the Authority shall consider the requirements set in Schedules 3 and 4 to these regulations: Provided that the Authority shall notify the aircraft operator of the emissions as determined and the methodology used to determine such emissions. Competent authority acceptance of verified annual emissions report and determination of emissions in case of non-reporting or non verification. B 3964 VERŻJONI ELETTRONIKA B 62 15. (1) An aircraft operator who fails to submit a monitoring plan in accordance with regulation 12 of these regulations 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 of these regulations or fails to submit an annual emissions report in accordance with regulation 13 of these regulations 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 of these regulations in respect of the period from 1st January, 2012 to 31st December, 2012, the period beginning 1st January, 2013 or a subsequent period, shall be liable to the imposition: (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; (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; Fines relating to monitoring and reporting of annual emissions. B 3965 VERŻJONI ELETTRONIKA B 62 15. (1) An aircraft operator who fails to submit a monitoring plan in accordance with regulation 12 of these regulations 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 of these regulations or fails to submit an annual emissions report in accordance with regulation 13 of these regulations 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 of these regulations in respect of the period from 1st January, 2012 to 31st December, 2012, the period beginning 1st January, 2013 or a subsequent period, shall be liable to the imposition: (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; (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; Fines relating to monitoring and reporting of annual emissions. B 63 (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 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; (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 non-compliance, 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 of these regulations or fails to submit a verified annual emissions report in respect of a year in accordance with regulation 13 of these regulations in respect of the period from 1st January, 2012 to 31st December, 2012, the period beginning 1st January, 2013 or a subsequent period, shall be liable to the imposition: (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 given by the Authority to the operator; (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; B 3966 VERŻJONI ELETTRONIKA B 64 (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; (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) Each aircraft operator shall, as from the year 2013 and by not later than the 30th April of that year and of each subsequent year thereafter, surrender a number of allowances equal to the total verified emissions during the preceding calendar year from aviation activities listed in Schedule 1 to these regulations as reported in accordance with regulation 13 of these regulations. (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 sub regulation (1) of this regulation. (3) The national registry administrator shall cancel allowances surrendered in accordance with sub-regulation (1) of this regulation. Surrender and cancellation of allowances. B 3967 VERŻJONI ELETTRONIKA B 64 (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; (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) Each aircraft operator shall, as from the year 2013 and by not later than the 30th April of that year and of each subsequent year thereafter, surrender a number of allowances equal to the total verified emissions during the preceding calendar year from aviation activities listed in Schedule 1 to these regulations as reported in accordance with regulation 13 of these regulations. (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 sub regulation (1) of this regulation. (3) The national registry administrator shall cancel allowances surrendered in accordance with sub-regulation (1) of this regulation. Surrender and cancellation of allowances. B 65 (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) of this regulation. (7) Any aircraft operator who does not surrender sufficient allowances by the 30th April of each year as required by sub-regulation (1) of this regulation 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 1st 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) of this regulation 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) of this regulation, the national registry administrator shall not allow the transfer of allowances or any other accounting units out of the aircraft operator B 3968 VERŻJONI ELETTRONIKA B 66 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 sub regulation (1) of this regulation or the cancellation of allowances in accordance with sub-regulation (4) of this regulation, or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18 of these regulations. 17. (1) During the period from 1st January, 2012 to 31st 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 of these regulations. (2) The use of CERs or ERUs by an aircraft operator pursuant to sub-regulation (1) of this regulation shall take place through the issue and immediate surrender of one allowance by the Authority 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 of these regulations shall be subsequently cancelled. (3) CERs and ERUs that are issued and may be used in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, may be used by an aircraft operator in accordance with sub-regulation (1) of this regulation: 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 1st January 2012 to 31st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation (5) of this regulation, 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 31st December 2012. Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2012 to 31st December 2012. Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2013 to 31st December 2020. B 3969 VERŻJONI ELETTRONIKA B 66 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 sub regulation (1) of this regulation or the cancellation of allowances in accordance with sub-regulation (4) of this regulation, or the issuance of allowances in exchange for CERs or ERUs in accordance with regulations 17 or 18 of these regulations. 17. (1) During the period from 1st January, 2012 to 31st 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 of these regulations. (2) The use of CERs or ERUs by an aircraft operator pursuant to sub-regulation (1) of this regulation shall take place through the issue and immediate surrender of one allowance by the Authority 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 of these regulations shall be subsequently cancelled. (3) CERs and ERUs that are issued and may be used in accordance with the UNFCCC and the Kyoto Protocol and subsequent decisions adopted thereunder, may be used by an aircraft operator in accordance with sub-regulation (1) of this regulation: 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 1st January 2012 to 31st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation (5) of this regulation, 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 31st December 2012. Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2012 to 31st December 2012. Use of CERs and ERUs from project activities in the EU emissions trading scheme for the period 1st January 2013 to 31st December 2020. B 67 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 1st January 2012 to 31st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation (5) of this regulation, 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 1st January 2008 to 31st 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 1st January 2012 to 31st December 2012, have not been used up, or where an entitlement to use credits is granted under sub-regulation (5) of this regulation, 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 Community scheme during the period from 1st January 2008 to 31st 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 to an aircraft operator for the period 1st January 2012 to 31st December 2012 have not been used up, or where an entitlement to use credits is granted under sub-regulation (5) of this regulation, 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 1st January 2013 to 31st 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 1st January 2013 to 31st 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 B 3970 VERŻJONI ELETTRONIKA B 68 use apply in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. 19. 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. 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 made in accordance, where applicable, with decisions and 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: (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 (b) information on enforcement action which has been taken in respect of the aircraft operator; and (c) a draft of the request that the Minister intends to submit to the European Commission under sub-regulation (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 20 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: (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 Issue of CERs or ERUs from project activities in the aviation sector. Operating ban. B 3971 VERŻJONI ELETTRONIKA B 68 use apply in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC. 19. 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. 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 made in accordance, where applicable, with decisions and 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: (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 (b) information on enforcement action which has been taken in respect of the aircraft operator; and (c) a draft of the request that the Minister intends to submit to the European Commission under sub-regulation (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 20 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: (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 Issue of CERs or ERUs from project activities in the aviation sector. Operating ban. B 69 (b) information on enforcement action which has been taken in respect of the aircraft operator; and (c) a justification for the imposition of an operating ban at Union level; and (d) a recommendation for the scope of the operating ban and any conditions that should be applied. 21. 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, 2005: 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: 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 confidential information or any parts thereof or any other 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. 22. 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. 23. The revenue from the auctioning of allowances, after deducting the audited costs to administer the scheme agreed to between the Ministry of Finance, the Economy and Investment and the Authority, shall accrue to the consolidated fund. 24. The Administrative Review Tribunal shall have jurisdiction to hear and determine appeals from decisions of the Authority made under these regulations. Access to information, disclosure of information and professional secrecy. S.L. 504.65. Cap. 440. Cap. 377. Submission of applications, monitoring and reporting plans and reports. Revenue accruing from the auctioning of allowances. Administrative Review Tribunal. B 3972 VERŻJONI ELETTRONIKA B 70 25. The European Community Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2010, are hereby being revoked. Revokes L.N. 445 of 2010; S.L. 504.99. Schedule 1 Regulations 1(2), 3, 4(2), 4(6)(b), 5(1)(a), 5(3)(a), 6(1), 12(1), 12(9) and 16(1). Categories of Activities to which these Regulations Apply Activities Greenhouse gases Aviation Flights which depart from or arrive in an aerodrome situated in the territory of a Member State: This activity shall not include: (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; (b) military flights performed by military aircraft and customs and police flights; (c) flights related to search and rescue, fire fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate authority; (d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention; (e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; (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 Carbon dioxide B 3973 VERŻJONI ELETTRONIKA B 70 25. The European Community Greenhouse Gas Emissions Trading Scheme for Aviation Regulations, 2010, are hereby being revoked. Revokes L.N. 445 of 2010; S.L. 504.99. Schedule 1 Regulations 1(2), 3, 4(2), 4(6)(b), 5(1)(a), 5(3)(a), 6(1), 12(1), 12(9) and 16(1). Categories of Activities to which these Regulations Apply Activities Greenhouse gases Aviation Flights which depart from or arrive in an aerodrome situated in the territory of a Member State: This activity shall not include: (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; (b) military flights performed by military aircraft and customs and police flights; (c) flights related to search and rescue, fire fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate authority; (d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention; (e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; (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 Carbon dioxide B 71 Schedule 1 Regulations 1(2), 3, 4(2), 4(6)(b), 5(1)(a), 5(3)(a), 6(1), 12(1), 12(9) and 16(1). Categories of Activities to which these Regulations Apply Activities Greenhouse gases Aviation Flights which depart from or arrive in an aerodrome situated in the territory of a Member State: This activity shall not include: (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; (b) military flights performed by military aircraft and customs and police flights; (c) flights related to search and rescue, fire fighting flights, humanitarian flights and emergency medical service flights authorised by the appropriate authority; (d) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Chicago Convention; (e) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made; (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 Carbon dioxide B 3974 VERŻJONI ELETTRONIKA B 72 aircraft; (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; (h) flights performed by aircraft with a certified maximum take-off mass of less than 5 700kg; (i) flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 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 30 000 seats per year; (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: fewer than 243 flights per period for three consecutive four month periods; or flights with total annual emissions lower than 10,000 tonnes 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. B 3975 VERŻJONI ELETTRONIKA B 72 aircraft; (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; (h) flights performed by aircraft with a certified maximum take-off mass of less than 5 700kg; (i) flights performed in the framework of public service obligations imposed in accordance with Regulation (EEC) No 2408/92 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 30 000 seats per year; (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: fewer than 243 flights per period for three consecutive four month periods; or flights with total annual emissions lower than 10,000 tonnes 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. B 73 Schedule 2 Regulation 2 Greenhouse gases Carbon dioxide (CO2) Methane (CH4) Nitrous Oxide (N2O) Hydrofluorocarbons (HFCs) Perfluorocarbons (PFCs) Sulphur Hexafluoride (SF6) B 3976 VERŻJONI ELETTRONIKA B 74 Schedule 3 Regulations 6(2)(a), 12(3)(a), 13(1)(a) and 14(3). Principles for Monitoring and Reporting of Emissions and Tonne-kilometre Data 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 flight is complete together with 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 shall be zero. A separate calculation shall be made for each flight and for each fuel. Reporting of emissions Each aircraft operator shall include the following information in its report under sub regulation (2) of regulation 13 of these regulations: A. Data identifying the aircraft operator, including: (i) name of the aircraft operator, (ii) its administering Member State, (iii) its address, including postcode and country and, where different, its contact address in the administering Member State, (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 to these regulations, (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed, (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. For each type of fuel for which emissions are calculated: (i) fuel consumption, (ii) emission factor, (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 to these regulations, for which the operator in question is considered to be the aircraft operator, (iv) aggregated emissions from: — all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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 to these regulations, for which the operator in question is considered to be the aircraft operator (v) aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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, (vi) uncertainty. B 3977 VERŻJONI ELETTRONIKA B 74 Schedule 3 Regulations 6(2)(a), 12(3)(a), 13(1)(a) and 14(3). Principles for Monitoring and Reporting of Emissions and Tonne-kilometre Data 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 flight is complete together with 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 shall be zero. A separate calculation shall be made for each flight and for each fuel. Reporting of emissions Each aircraft operator shall include the following information in its report under sub regulation (2) of regulation 13 of these regulations: A. Data identifying the aircraft operator, including: (i) name of the aircraft operator, (ii) its administering Member State, (iii) its address, including postcode and country and, where different, its contact address in the administering Member State, (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 to these regulations, (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed, (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. For each type of fuel for which emissions are calculated: (i) fuel consumption, (ii) emission factor, (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 to these regulations, for which the operator in question is considered to be the aircraft operator, (iv) aggregated emissions from: — all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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 to these regulations, for which the operator in question is considered to be the aircraft operator (v) aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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, (vi) uncertainty. B 75 (iii) its address, including postcode and country and, where different, its contact address in the administering Member State, (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 to these regulations, (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed, (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. For each type of fuel for which emissions are calculated: (i) fuel consumption, (ii) emission factor, (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 to these regulations, for which the operator in question is considered to be the aircraft operator, (iv) aggregated emissions from: — all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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 to these regulations, for which the operator in question is considered to be the aircraft operator (v) aggregated emissions from all flights performed during the period covered by the report which fall within the aviation activities listed in Schedule 1 to these regulations, 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, (vi) uncertainty. B 3978 VERŻJONI ELETTRONIKA B 76 Monitoring of tonne-kilometre data For the purpose of applying for an allocation of allowances in accordance with regulation 4 or regulation 5 of these regulations, the amount of aviation activity shall be calculated in tonne-kilometres using the following formula: tonne-kilometres = distance × payload where: ‘distance’ means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; and ‘payload’ means the total mass of freight, mail and passengers carried. For the purposes of calculating the payload: (a) the number of passengers shall be the number of persons on-board excluding crew members; (b) an aircraft operator may choose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value of 100 kg for each passenger and his checked baggage. Reporting of tonne-kilometre data Each aircraft operator shall include the following information in its application under regulation 4 or regulation 5 of these regulations: A. Data identifying the aircraft operator, including: (i) name of the aircraft operator; (ii) its administering Member State; (iii) its address, including postcode and country and, where different, its contact address in the administering Member State; (iv) the aircraft registration numbers and types of aircraft used during the year covered by the application to perform the aviation activities listed in Schedule 1 to these regulations; (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed; (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. Tonne-kilometre data: (i) number of flights by aerodrome pair; (ii) number of passenger-kilometres by aerodrome pair; (iii) number of tonne-kilometres by aerodrome pair; (iv) chosen method for calculation of mass for passengers and checked baggage; (v) total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Schedule 1 to these regulations. B 3979 VERŻJONI ELETTRONIKA B 76 Monitoring of tonne-kilometre data For the purpose of applying for an allocation of allowances in accordance with regulation 4 or regulation 5 of these regulations, the amount of aviation activity shall be calculated in tonne-kilometres using the following formula: tonne-kilometres = distance × payload where: ‘distance’ means the great circle distance between the aerodrome of departure and the aerodrome of arrival plus an additional fixed factor of 95 km; and ‘payload’ means the total mass of freight, mail and passengers carried. For the purposes of calculating the payload: (a) the number of passengers shall be the number of persons on-board excluding crew members; (b) an aircraft operator may choose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value of 100 kg for each passenger and his checked baggage. Reporting of tonne-kilometre data Each aircraft operator shall include the following information in its application under regulation 4 or regulation 5 of these regulations: A. Data identifying the aircraft operator, including: (i) name of the aircraft operator; (ii) its administering Member State; (iii) its address, including postcode and country and, where different, its contact address in the administering Member State; (iv) the aircraft registration numbers and types of aircraft used during the year covered by the application to perform the aviation activities listed in Schedule 1 to these regulations; (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed; (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. Tonne-kilometre data: (i) number of flights by aerodrome pair; (ii) number of passenger-kilometres by aerodrome pair; (iii) number of tonne-kilometres by aerodrome pair; (iv) chosen method for calculation of mass for passengers and checked baggage; (v) total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Schedule 1 to these regulations. B 77 (v) the number and issuing authority of the air operator certificate and operating licence under which the aviation activities listed in Schedule 1 to these regulations were performed; (vi) address, telephone, fax and e-mail details for a contact person, and (vii) name of the aircraft owner. B. Tonne-kilometre data: (i) number of flights by aerodrome pair; (ii) number of passenger-kilometres by aerodrome pair; (iii) number of tonne-kilometres by aerodrome pair; (iv) chosen method for calculation of mass for passengers and checked baggage; (v) total number of tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Schedule 1 to these regulations. B 3980 VERŻJONI ELETTRONIKA B 78 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 to these regulations shall be subject to verification. 2. The verification process shall include consideration of the report pursuant to sub regulation (2) of regulation 13 of these regulations 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: (a) the reported activity data and related measurements and calculations; (b) the choice and the employment of emission factors; (c) the calculations leading to the determination of the overall emissions; and (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: (a) the reported data is free of inconsistencies; (b) the collection of the data has been carried out in accordance with the applicable scientific standards; and (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 sub-regulation (2) of regulation 13 of these regulations is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to B 3981 VERŻJONI ELETTRONIKA B 78 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 to these regulations shall be subject to verification. 2. The verification process shall include consideration of the report pursuant to sub regulation (2) of regulation 13 of these regulations 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: (a) the reported activity data and related measurements and calculations; (b) the choice and the employment of emission factors; (c) the calculations leading to the determination of the overall emissions; and (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: (a) the reported data is free of inconsistencies; (b) the collection of the data has been carried out in accordance with the applicable scientific standards; and (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 sub-regulation (2) of regulation 13 of these regulations is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to B 79 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 sub-regulation (2) of regulation 13 of these regulations is satisfactory. This report shall specify all issues relevant to the work carried out. A statement that the report pursuant to B 3982 VERŻJONI ELETTRONIKA B 80 sub-regulation (2) of regulation 13 of these regulations is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated. 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: (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; (b) the legislative, regulatory, and administrative requirements relevant to the activities being verified; and (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: (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; (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 of these regulations 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 sub-regulation (2) of regulation 4 of these regulations and sub-regulation (2) of regulation 5 of these regulations. 15. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Schedule 1 to these regulations for which the aircraft operator is responsible have been taken into account in that operator’s application under regulation 4 and regulation 5 of these regulations. 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. B 3983 VERŻJONI ELETTRONIKA B 80 sub-regulation (2) of regulation 13 of these regulations is satisfactory may be made if, in the opinion of the verifier, the total emissions are not materially misstated. 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: (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; (b) the legislative, regulatory, and administrative requirements relevant to the activities being verified; and (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: (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; (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 of these regulations 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 sub-regulation (2) of regulation 4 of these regulations and sub-regulation (2) of regulation 5 of these regulations. 15. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Schedule 1 to these regulations for which the aircraft operator is responsible have been taken into account in that operator’s application under regulation 4 and regulation 5 of these regulations. 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. B 81 tonne-kilometre data submitted under sub-regulation (2) of regulation 4 of these regulations and sub-regulation (2) of regulation 5 of these regulations. 15. The verifier shall in particular ascertain that only flights actually performed and falling within an aviation activity listed in Schedule 1 to these regulations for which the aircraft operator is responsible have been taken into account in that operator’s application under regulation 4 and regulation 5 of these regulations. 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. B 3984 VERŻJONI ELETTRONIKA Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper Prezz/Price €3.69