Article 3f of Directive 2003/87/EC establishes a special reserve for the allowances to be set aside for certain aircraft operators.

An additional special reserve has been established pursuant to Article 5 of Commission Implementing Decision 2014/389/EU2 taking into account the accession of Croatia to the Union.

The benchmark to be used to allocate allowances free of charge to aircraft operators whose applications were submitted to the Commission in accordance with Article 3f(4) of Directive 2003/87/EC by 30 June 2016 should be set out, both for the special reserve established by Article 3f of Directive 2003/87/EC and for the special reserve created pursuant Article 5 of the Implementing Decision 2014/389/EU.

In both cases, the benchmark calculation based on the submitted applications resulted in an annual allocation per tonne-kilometre greater than the annual allocation per tonne-kilometre to aircraft operators under Article 3e(4) of Directive 2003/87/EC. The benchmark under Article 3e(3)(e) of Directive 2003/87/EC as set out by Commission Decision 2011/638/EU3, also applies to the additional special reserve established pursuant to Article 5 of Implementing Decision 2014/389/EU taking into account the accession of Croatia to the Union by virtue of point (ix) of Section 10(I)(1)(a) of Annex V to the Act of Accession of Croatia.

In accordance with Article 3f(6) of Directive 2003/87/EC, the benchmark for allocating greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3f(5) of Directive 2003/87/EC is to remain the one that is used for free allocation under Article 3e(4) and established by Decision 2011/638/EU,