CHAPTER IV

PROVISIONS APPLYING TO AVIATION AND STATIONARY INSTALLATIONS

Administering Member State
Article 18a
1
The administering Member State in respect of an aircraft operator shall be:
a
in the case of an aircraft operator with a valid operating licence granted by a Member State in accordance with the provisions of Council Regulation (EEC) No 2407/92 of
23 July 1992
on licensing of air carriers
, the Member State which granted the operating licence in respect of that aircraft operator; and
b
in all other cases, the Member State with the greatest estimated attributed aviation emissions from flights performed by that aircraft operator in the base year.
2
Where in the first two years of any period referred to in Article 3c, none of the attributed aviation emissions from flights performed by an aircraft operator falling within paragraph 1(b) of this Article are attributed to its administering Member State, the aircraft operator shall be transferred to another administering Member State in respect of the next period. The new administering Member State shall be the Member State with the greatest estimated attributed aviation emissions from flights performed by that aircraft operator during the first two years of the previous period.
3
Based on the best available information, the Commission shall:
a
before
1 February 2009
, publish a list of aircraft operators which performed an aviation activity listed in Annex I on or after
1 January 2006
specifying the administering Member State for each aircraft operator in accordance with paragraph 1; and
b
before 1 February of each subsequent year, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.
4
The Commission may, in accordance with the
examination procedure referred to in Article 22a(2)
, develop guidelines relating to the administration of aircraft operators under this Directive by administering Member States.
5
For the purposes of paragraph 1,
‘
base year
’
means, in relation to an aircraft operator which started operating in the
Union
after
1 January 2006
, the first calendar year of operation, and in all other cases, the calendar year starting on
1 January 2006
.
OJ L 240, 24.8.1992, p. 1 .
Substituted by Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments, and Decision (EU) 2015/1814 (Text with EEA relevance).
Inserted by Directive 2008/101/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 (Text with EEA relevance).