COMMISSION DECISION

of 22 July 2020

instructing the central administrator of the European Union Transaction Log to enter the changes to the national aviation allocation tables for aviation allowances to be allocated for free in 2020 by the Member States administering aircraft operators that have performed flights from the EU to Switzerland into the European Union Transaction Log

(2020/C 375/08)

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) Commission Decision 2011/638/EU (3) established benchmarks to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3e(1) of Directive 2003/87/EC.

(2) Article 28a(7) of Directive 2003/87/EC provides that the temporary derogation relating to flights to and from third countries shall apply to countries with whom an agreement pursuant to Article 25 or 25a of that Directive has been reached only in line with the terms of such agreement.

(3) The Agreement between the European Union and the Swiss Confederation on the linking of their greenhouse emissions trading systems (4) (‘the Linking Agreement’) was signed on 23 November 2017 and entered into force on 1 January 2020.

(4) Point B of Annex I to the Linking Agreement on the scope of coverage stipulates that the flights departing from an aerodrome situated in the EEA and arriving at an aerodrome situated in the territory of Switzerland are included in the scope of the EU ETS.

(5) On 18 May 2020, the Commission adopted a Delegated Decision C(2020) 3107 amending Directive 2003/87/EC of the European Parliament and of the Council, as regards the exclusion of incoming flights from Switzerland from the EU emissions trading system. Once that Decision enters into force, it is necessary to make the corresponding changes to the national aviation allocation tables.

(6) Pursuant to Article 55(3) of Regulation (EU) No 389/2013 the Commission is to instruct the central administrator of the European Union Transaction Log to upload the revised national aviation allocation tables in the European Union Transaction Log,

HAS DECIDED AS FOLLOWS:

Sole Article The central administrator of the European Union Transaction Log shall upload the revised national aviation allocation tables for aviation allowances to be allocated for free in 2020 by the Member States administering aircraft operators which have performed flights from the EU to Switzerland into the European Union Transaction Log. The revised national aviation allocation tables are set out in the Annex.

Done at Brussels, 22 July 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 2011/638/EU of 26 September 2011 on benchmarks to allocate greenhouse gas emission allowances free of charge to aircraft operators pursuant to Article 3e of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 252, 28.9.2011, p. 20).

(4) OJ L 322, 7.12.2017, p. 3.