Commission Regulation (EU) 2019/226

of 6 February 2019

amending Regulation (EC) No 748/2009 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

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC1, and in particular Article 18a(3)(b) thereof,

Whereas:

(1)

Directive 2003/87/EC, as amended by Directive 2008/101/EC of the European Parliament and of the Council2, includes aviation activities in the system for greenhouse gas emission allowance trading within the Union (‘EU ETS’).

(2)

Commission Regulation (EC) No 748/20093 establishes a list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006.

(3)

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

(4)

The inclusion of an aircraft operator in the EU ETS is dependent upon the performance of an aviation activity listed in Annex I to Directive 2003/87/EC and is not dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of that Directive.

(5)

Changes to the list of the aircraft operators are based on the latest data provided by Eurocontrol.

(6)

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

(7)

This Regulation should enter into force as a matter of urgency in order to meet the deadline for the yearly updating of the list of operators laid down in Article 18a(3)(b) of Directive 2003/87/EC,

HAS ADOPTED THIS REGULATION: