COMMISSION DECISION

of 16 December 2020

on instructing the central administrator to enter the national aviation allocation tables of Belgium, Bulgaria, Cyprus, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Iceland, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden into the European Union Transaction Log

(2021/C 47 I/01)

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/EC (1),

Having regard to Commission Regulation (EU) No 389/2013 of 2 May 2013 establishing a Union Registry pursuant to Directive 2003/87/EC of the European Parliament and of the Council, Decisions No 280/2004/EC and No 406/2009/EC of the European Parliament and of the Council and repealing Commission Regulations (EU) No 920/2010 and No 1193/2011 (2), and in particular Article 55(3) thereof,

Whereas:

(1) Article 28a(1) of Directive 2003/87/EC provided a temporary derogation from the scheme for the period between 2013 and 2023, in respect of flights to and from aerodromes in countries outside the European Economic Area (EEA) and from flights between the EEA and outermost regions, and between different outermost regions. Article 28a(2) of Directive 2003/87/EC further provided that aircraft operators shall be issued a number of free allowances reduced in proportion to the reduction of the surrender obligation.

(2) By its Decisions C(2014)9367 (3) and C(2015)670 (4), the Commission instructed the central Administrator of the European Union Transaction Log to enter the national aviation allocation tables of Belgium, Bulgaria, Czechia, Denmark, Germany, Estonia, Iceland, Ireland, Greece, Spain, France, Croatia, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom, for the years 2013-2016, into the European Union Transaction Log.

(3) Article 28a(2) of Directive 2003/87/EC required Member States to publish the number of aviation allowances allocated to each aircraft operator for the years 2017-2023 before 1 September 2018.

(4) Accordingly, Member States calculated and notified to the Commission the number of aviation allowances allocated to each aircraft operator for the years 2017-2020, and the Commission, by its Decision C(2017)2301 (5), instructed the central administrator of the European Union Transaction Log to upload the corresponding national aviation allocation tables into the European Union Transaction Log. The Union Registry functionality did not permit at the time to upload National Aviation Allocation Tables for years after 2020.

(5) Article 28a(2) of Directive 2003/87/EC requires that the number of allowances allocated to aircraft operators should be subject to the application of the linear factor referred to in Article 9 of the Directive.

(6) Pursuant to Article 9 of Directive 2003/87/EC, the linear reduction factor that cuts the overall number of emission allowances is set at an annual rate of 2,2 % from 2021 onwards.

(7) Pursuant to the expiry of the transitional period laid down in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (6), flights departing from, arriving to or within aerodromes situated in the United Kingdom are not subject to reporting and compliance obligations under the EU ETS from 2021, following the temporary derogation set in Article 28a(1) of Directive 2003/87/EC.

(8) It is therefore necessary to revise the number of aviation allowances allocated to each aircraft operator for the years 2021-2023 and upload the corresponding national aviation allocation tables into the European Union Transaction Log.

(9) Belgium, Bulgaria, Cyprus, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Iceland, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden notified the national aviation allocation tables to the Commission.

(10) The Commission considers that the national aviation allocation tables notified by Belgium, Bulgaria, Cyprus, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Iceland, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden are in accordance with Article 28a of Directive 2003/87/EC. The central administrator should therefore be instructed to make the corresponding changes in the European Union Transaction Log,

HAS DECIDED AS FOLLOWS:

Sole Article The central administrator shall enter the national aviation allocation tables of Belgium, Bulgaria, Cyprus, Czechia, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Iceland, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Norway, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland and Sweden with the final annual amounts for the free allocation of aviation emission allowances for the period from 2021 to 2023 set out in the Annex in the European Union Transaction Log.

Done at Brussels, 16 December 2020. For the Commission Frans TIMMERMANS Executive Vice-President

(1) OJ L 275, 25.10.2003, p. 32.

(2) OJ L 122, 3.5.2013, p. 1.

(3) Commission Decision C(2014)9367 of 11 December 2014 on instructing the Central Administrator of the European Union Transaction Log to enter the national aviation allocation tables of Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Ireland, Greece, Spain, France, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom into the European Union Transaction Log.

(4) Commission Decision C(2015)670 of 12 February 2015 on instructing the Central Administrator of the European Union Transaction Log to enter the national aviation allocation tables of Germany, Italy and Hungary into the European Union Transaction Log.

(5) Commission Decision C(2017)2301 of 4 April 2017 on instructing the Central Administrator of the European Union Transaction Log to enter the national aviation allocation tables of Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Croatia, Italy, Latvia, Lithuania, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom into the European Union Transaction Log.

(6) OJ C 384 I, 12.11.2019, p. 1.