EN Official Journal of the European Union C 36/11

Commission notice pursuant to Article 18a(3)(a) of Directive 2003/87/EC

Preliminary list of aircraft operators and their administering Member States

(Text with EEA relevance)

(2009/C 36/10)

Pursuant 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 (1), as amended by Directive 2008/101/EC (2), aviation activities of aircraft operators that operate flights arriving at and departing from Community aerodromes are included in the scheme for greenhouse gas emission allowance trading within the Community as of 1 January 2012.

Member States are obliged to ensure compliance of aircraft operators with the requirements of Directive 2003/87/EC. In order to reduce the administrative burden on aircraft operators, the Directive provides for one Member State to be responsible for each aircraft operator. Article 18a(1) and (2) of the Directive provides for the rules governing the assignment of each aircraft operator to its administering Member State. In accordance with those provisions, Member States are responsible for aircraft operators which were issued with an operating licence in accordance with the provisions of Council Regulation (EEC) No 2407/92 in that Member State, or aircraft operators without an operating licence or from third countries whose emissions in the base year are mostly attributable to that Member State.

Article 18a(3)(a) of the Directive requires the Commission to publish a list of aircraft operators which performed an aviation activity listed in Annex I of the Directive on or after 1 January 2006 specifying the administering Member State for each aircraft operator. The purpose of this list is therefore to specify which Member State will be the administering Member State for each aircraft operator in accordance with Article 18a(1) and (2) of Directive 2003/87/EC. This list of aircraft operators is contained in this notice.

The Commission can publish an updated list at any time if it becomes aware of the need to modify the list. To ensure the accuracy of this list, the Commission invites feedback from Member States and other relevant stakeholders by 31 March 2009. On the basis of this feedback, the Commission will consider publishing a revised list shortly afterwards.

The list is based on the latest data provided by Eurocontrol based on records of flight plans. Details of the methodology used for establishing this list, along with contact details for competent authorities where these have been notified by Member States, will be made available on the Commission website.

The list includes all aircraft operators that have undertaken a relevant aviation activity on or after 1 January 2006. As such, aircraft operators that have permanently or temporarily ceased to perform their aviation activities might appear on this list, as might operators that have since changed name or been subject to merger or acquisition. It also does not take into consideration whether aircraft operators are included on the Community list of air carriers which, for safety reasons, are subject to an operating ban, within the Community in accordance with Regulation (EC) No 2111/2005. Any inclusion of aircraft operators that are currently subject to an operating ban on the list contained in this notice is therefore without prejudice to decisions made by the Commission and Member States in accordance with Regulation (EC) No 2111/2005.

In accordance with Article 18a(3)(b), the Commission will update the list before 1 February of each year to include aircraft operators that have subsequently performed an aviation activity listed in Annex I to the Directive.

The allocation of an aircraft operator to its administering Member State is effective for the total of each trading period referred to in Article 3c of Directive 2003/87/EC. Before the start of each trading period, the Commission will publish an updated list taking into account transfers of aircraft operators to another administering Member State in accordance with Article 18a(2) of the Directive.

When ensuring that Directive 2003/87/EC is correctly implemented by Member States, the Commission will base its action upon the latest published version of the list.

The Annex contains a list of aircraft operators to be administered by each Member State.

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

(2) OJ L 8, 13.1.2009, p. 3.