COMMISSION REGULATION (EU) 2019/225

of 6 February 2019

amending Regulation (EC) No 748/2009 as regards the aircraft operators for which the United Kingdom is specified as administering Member State

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

Whereas:

(1) On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period.

(2) The Annex to Commission Regulation (EC) No 748/2009 (2) specifies the United Kingdom as administering Member State for certain aircraft operators. The withdrawal of the United Kingdom from the Union would, in the absence of any special provisions, have the effect that the United Kingdom could no longer be considered an administering Member State for the purposes of Article 18a of Directive 2003/87/EC. In the event that no withdrawal agreement is concluded with the United Kingdom, it is therefore necessary to amend the Annex to Regulation (EC) No 748/2009 in order to specify the administering Member States for those aircraft operators.

(3) Changes to the list of the aircraft operators are based on the latest data provided by Eurocontrol.

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

(5) In accordance with Article 4(3) of Regulation (EEC, Euratom) No 1182/71 of the Council (3), the cessation of application of acts fixed at a given date occurs on the expiry of the last hour of the day falling on that date. This Regulation should therefore apply from the day following that on which Regulation (EC) No 748/2009 ceases to apply to and in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union

(6) This Regulation should enter into force as a matter of urgency and should apply only in the absence of a withdrawal agreement concluded with the United Kingdom,

HAS ADOPTED THIS REGULATION:

Article 1 The Annex to Regulation (EC) No 748/2009 is replaced by the text set out in the Annex to this Regulation.

Article 2 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from the day following that on which Regulation (EC) No 748/2009 ceases to apply to and in the United Kingdom pursuant to Article 50(3) of the Treaty on European Union. However, this Regulation shall not apply if a withdrawal agreement concluded with the United Kingdom in accordance with Article 50(2) of the Treaty on European Union has entered into force by that date

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 February 2019. For the Commission The President Jean-Claude JUNCKER

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

(2) Commission Regulation (EC) No 748/2009 of 5 August 2009 on the list of aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifying the administering Member State for each aircraft operator (OJ L 219, 22.8.2009, p. 1).

(3) Regulation (EEC, Euratom) No 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits (OJ L 124, 8.6.1971, p. 1).