Directive 2008/101/EC of the European Parliament and of the Council2 amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union.

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

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.

The inclusion in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out 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.

Directive 2008/101/EC was incorporated into the Agreement on the European Economic Area by Decision of the EEA Joint Committee No 6/2011 of 1 April 2011, amending Annex XX (Environment) to the EEA Agreement4.

The expansion of the aviation provisions of the Union emission trading scheme to EEA-EFTA countries and the criteria set under Article 18a(1) of Directive 2003/87/EC to determine aircraft operator’s administering Member State imply that certain aircraft operators should be administered by EEA-EFTA countries.

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