# Commission Regulation (EU) No 109/2013Show full title

Commission Regulation (EU) No 109/2013 of 29 January 2013 amending Regulation (EC) No 748/2009 on the list of aircraft operators            that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council            on or after 1 January 2006 specifying the administering Member State for each aircraft operator also taking into consideration            the expansion of the Union emission trading scheme to EEA-EFTA countries (Text with EEA relevance)         

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U.K.

# Commission Regulation (EU) No 109/2013                     

# of 29 January 2013

# amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex                        I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering                        Member State for each aircraft operator also taking into consideration the expansion of the Union emission trading scheme                        to EEA-EFTA countries                     

# (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 scheme                           for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC(1), and in particular Article 18a(3)(b) thereof,                        

Whereas:

(1)Directive 2008/101/EC of the European Parliament and of the Council(2) amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within                              the European Union.

(2)Commission Regulation (EC) No 748/2009(3) 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.

(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 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.

(5)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 Agreement(4).

(6)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.

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

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The Annex to Regulation (EC) No 748/2009 is replaced by the Annex to this Regulation.

# Article 2U.K.

This Regulation shall enter into force on the third day following that of its publication in the *Official Journal of the European Union*.                  

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 January 2013.

*For the Commission*                            

*The President*                            

José Manuel Barroso                            

## ANNEXU.K.

### **List of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament                           and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator also taking                           into consideration the expansion of the Union emission trading scheme to EEA-EFTA countries**

1

OJ L 275, 25.10.2003, p. 32.                           

2

OJ L 8, 13.1.2009, p. 3.                           

3

OJ L 219, 22.8.2009, p. 1.                           

4

OJ L 93, 7.4.2011, p. 35.