B 2088
L.N. 267 of 2019
MALTA RESOURCES AUTHORITY ACT
(CAP. 423)
European Union Greenhouse Gas Emissions Trading Scheme for 
Aviation (Amendment) Regulations, 2019
IN EXERCISE of the powers confer red by article 28 of the Malta
Resources Authority Act, the Minister for the Environment,
Sustainable Development and Clim ate Change, after consultation with
the Malta Resources Authority , has made the following regulatio ns:-
Title.
S.L. 423.511. The title of these regulations is the European Union
Greenhouse Gas Emissions Trading Scheme for Aviation
(Amendment) Regulations, 2019 and these regulations shall be read
and construed as one with the European Union Greenhouse Gas
Emissions Trading Scheme Regulati ons, hereinafter referred to a s "the
principal regulations".
Substitutes the 
main title of the 
principal regulations.2. The main title of the prin cipal regulations shall be
substituted by the following:
"EUROPEAN UNION GREEN HOUSE GAS EMISSIONS
TRADING SYSTEM FOR A VIATION REGULATIONS".
Substitutes 
regulation 1 of 
the principal regulations.3. Regulation 1 of the principal regulations shall be
substituted by t he following:
"1. (1) The title of these regulations is the European
Union Greenhouse Gas Emissions Trading System for Aviation
Regulations".
(2) These regulations provide for the implementation in
Malta of the European Union system for greenhouse gasemissions allowance trading, established by Directive 2003/87/EC, for activities listed in Schedule 1 to these regulations, f or the
period commencing 1st January, 2013, and any subsequentperiods. 
(3) These regulations transpose:
- Directive 2003/87/EC; 
- Directive 2004/101/EC amending Directive
2003/87/EC; 
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- Directive 2008/101/EC amending Directive
2003/87/EC; 
- Directive 2009/29/EC amending Directive
2003/87/EC; 
- Decision (EU) 2015/1814 amending Directive
2003/87/EC; 
- Regulation (EU) 2017/2392 amending
Directive 2003/87/EC; and 
- Directive (EU) 2018/410 amending Directive
2003/87/EC.".
Amends 
regulation 2 of 
the principal 
regulations.4. Regulation 2 of the principal regulations shall be amended
as follows:
(a) immediately after the definition "confidential
information", there shall be added the following new definition :
" "Decision (EU) 2015/1814" means Decision (EU)
2015/1814 of the European Parliament and of the Council
of 6 October 2015 concerning the establishment andoperation of a market stability reserve for the Union
greenhouse gas emission trad ing scheme and amending
Directive 2003/87/EC;";
(b) the definition "Directive 2003/87/EC" shall be
substituted by the following:
" "Directive 2003/87/EC" means 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 wi thin the Union and amending
Council Directive 96/61/EC;";
(c) immediately after the definition "Directive 2003/87/
EC" there shall be added the following new definition:
" "Directive 2004/101/EC" means Directive 2004/
101/EC of the European Parliament and of the Council of
27 October 2004 amending Directive 2003/87/EC
establishing a scheme for  greenhouse gas emission
allowance trading within the C ommunity, in respect of the
Kyoto Protocol’s project mechanisms;";
 (d) immediately after the definition "Directive 2009/29/
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EC", there shall be added th e following new definition:
" "Directive (EU) 2018/410" means Directive (EU)
2018/410 of the European Parliament and of the Council of
14 March 2018 amending Directive 2003/87/EC to enhance
cost-effective emission reductions and low-carbon
investments, and Decision (EU) 2015/1814;";
(e) immediately after the definition "emission reduction
unit", there shall be added the following new definitions:
" "EU ETS" means the European Union Emissions
Trading System establis hed by Directive 2003/87/EC;
"Eurocontrol" means the European Organisation for
the Safety of Air Navigation;";
(f) immediately after the defi nition "Regulation (EU) No
421/2014", there shall be added the following new definition:
" "Regulation (EU) 2017/2392" means Regulation
(EU) 2017/2392 of the European Parliament and of the
Council of 13 December 201 7 amending Directive 2003/
87/EC to continue current limitations of scope for aviation
activities and to prepare to implement a global market-
based measure from 2021;";
(g) immediately after the de finition "surrender", there
shall be added the following new definition:
" "tonne of carbon dioxide equivalent" means one
metric tonne of carbon dioxide (CO2) or an amount of any
other greenhouse gas listed in Schedule 2 with an
equivalent global-wa rming potential;". 
Amends 
regulation 7 of 
the principal regulations.5. Sub-regulation (3) of regulation 7 the principal regulations
shall be substituted by the following:
"(3) The aircraft operator fo r which tonne-kilometre data
is to be verified shall notify the Authority and the National
Accreditation Board – Malta of the planned date and place of th e
verification and the identity of the verifier who will perform the
verification, by not later than t hirty days prior to the date w hen
the verification is to be performed.".
Amends regulation 8 of the principal 
regulations.6. Sub-regulation (2) of regulation 8 the principal regulations
shall be substituted by the following:
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"(2) The Authority shall, on the basis of the information
included in the tonne-kilometre data report submitted in
accordance with regulations 4 o r 5 and the verification report
submitted in accordance with regulation 7 and its own checks,
without undue delay, determine whether it can accept the
submitted tonne-kilometre data report. The Authority shall notaccept a tonne-kilometre data report which has not been verifie d
as satisfactory or for which a v erification report has not been
submitted. The Authority shall inform the aircraft operator, in
writing or through other documented means, of its decision.".
Amends 
regulation 11 of 
the principal 
regulations.7. Regulation 11 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following:
 "(1) The Authority shall, by 28th February of each
year, issue the quant ity of free Chapter II allowances that
are to be allocated for that year to each aircraft operator as
determined in accordance with regulation 4 or regulation
5.";
(b) sub-regulation (3) thereof shall be substituted by the
following:
 "(3) Chapter II allowances issued in accordance
with sub-regulation (1) in respect of the period beginning
1st January, 2013 and subsequent periods shall be valid
indefinitely. Allowances iss ued as from 1st January, 2021
in a ten-year period shall be valid for emissions from the
first year of that period onwards.";
(c) sub-regulation (4) thereof shall be substituted by the
following:
 "(4) Where, an aircraft operator ceases performing
an aviation activity listed in Schedule 1, the Authority shall
inform the national registry  administrator. The national
registry administrator shall ensure that no further freeChapter II allowances are issued to that aircraft operator forthe first year after the year whe n the aircraft operator ceases
performing an aviation activity listed in Schedule 1 and for
any subsequent year when th e aircraft operator does not
perform an aviation activity li sted in Schedule 1. Where, an
aircraft operator starts perform ing again an aviation activity
listed in Schedule 1, the Authority shall inform the national
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registry administrator. The na tional registry administrator
shall ensure that free Chapter  II allowances determined in
accordance with regulation 4 or 5 are issued for the first
year after the year when the aircraft operator starts
performing again an aviation activity listed in Schedule 1
and for any subsequent year when the aircraft operator
performs an aviation activity listed in Schedule 1."; and
(d) sub-regulations (5) and (6)  thereof shall be deleted. 
Amends 
regulation 12 of the principal 
regulations.8. Regulation 12 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following:
 "(1) An aircraft operator shall submit to the
Authority a monitoring plan setting out measures to
monitor and report emissions of greenhouse gases specified
in respect of aviation activities in Schedule 1. A monitoring
plan shall be submitted by an aircraft operator to theAuthority as early as possible before the aircraft operator
commences aviation activities listed in Schedule 1:
 Provided that, where an air craft operator performs an
aviation activity listed in Schedule 1 for the first time thatcould not be foreseen before the activity has taken place, a
monitoring plan shall be subm itted to the Authority without
undue delay after the performance of that activity or withina time-frame as may be agreed upon between the aircraft
operator and the Authority:
 Provided further that, where an aircraft operator for
whom Malta is designated as  the administering Member
State pursuant to regulation 3, after it performs an aviation
activity listed in Schedule 1 for the first time, a monitoring
plan shall be submitted to the Authority without unduedelay after Malta is designated as the administering
M e m b e r  S t a t e  f o r  t h a t  a i r c r a f t  o p e r a t o r  o r  w i t h i n  a  t i m e -
frame as may be agreed upon be tween the aircraft operator
and the Authority."; and
(b) sub-regulation (7) thereof shall be substituted by the
following:
 "(7) An aircraft operator shall regularly check if the
approved monitoring plan refle cts the nature and function
of the aircraft operator and submit to the Authority
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proposed modifications that have  to be made to the plan, as
appropriate.".
Amends 
regulation 13 of the principal 
regulations.9. Regulation 13 of the principal regulations shall be amended
as follows:
(a) sub-regulation (2) thereof shall be substituted by the
following:
 "(2) An aircraft operator shall submit to the
Authority an annual report on the emissions from an
aviation activity listed in Schedule 1 for each year when
such an activity is performed by not later than 31st March
of the subsequent year.";
(b) sub-regulation (3) thereo f shall be substituted by the
following:
"(3) The report submitted by an aircraft operator
pursuant to sub-regulation (2) shall be verified by a verifier
in accordance with:
(a) the principles set out in Schedule 4; and,
(b) relevant decisions and regulations
adopted by the Commission pursuant to Directive
2003/87/EC; and.
(c) any other requirements made by the
Authority in respect of verification of annual
emission reports for emissions from aviationactivities.
The verifier shall issue a verification report.";
(c) sub-regulation (4) thereof shall be substituted by the
following:
"(4) A verification report shall be submitted by the
aircraft operator to the Authority with an annual emissions
report submitted. The operator sh all also enter the amount of
emissions reported in the verif ied annual emissions report for
a monitoring year into the Union Registry, by 31st March ofthe subsequent year."; and
(d) sub-regulation (6) thereof shall be substituted by the
following:
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 "(6) The aircraft operator for which an annual
emissions report is to be verified shall notify the Authority
and the National Accreditation Board – Malta of theplanned date and place of the v erification and the identity
of the verifier who will per form the verification, by not
later than thirty days prior to the date when the verificationis to be performed.".
Amends 
regulation 14 of 
the principal 
regulations.10. Regulation 14 of the principal regulations shall be amended
as follows:
(a) sub-regulation (2) thereof shall be substituted by the
following:
 "(2) The Authority shall, on the basis of the
information included in the annual emissions report and the
verification report submitted in accordance with regulation
13 and its own checks, without undue delay, determine
whether it can accept the submitted annual emissions
report. The Authority shall not accept a report of annualemissions which has not been ver ified as satisfactory or for
which a verification report has not been submitted. TheAuthority shall inform the air craft operator, in writing or
through other documented means, of its decision. Where it
deems necessary, the Authority may require the submission
of a revised annual emissions report. The revised annualemissions report shall be verified in accordance with
regulation 13. Where necessary, the aircraft operator shall
update the amount of emissions  entered into the Union
Registry.";
(b) sub-regulation (3) thereof shall be substituted by the
following:
 "(3) Where, in respect of any monitoring year, an
aircraft operator does not submit a verified annualemissions report in accordance with regulation 13, or where
it is deemed that the aircraft operator has not submitted an
annual emissions report which is in accordance with therequirements set out in regulation 13, the Authority may,
unless there is written agreement between the Authority
and the aircraft operator providing otherwise, itself
determine the emissions for a viation activities performed
by that aircraft operator for that monitoring year. TheAuthority shall use best available data and ensure that aconservative estimate is mad e that does not underestimate
emissions. When annual emis sions are determined under
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this sub-regulation, the Authority shall consider the
requirements set out in Schedules 3 and 4:
Provided that the Authority shall notify the aircraft
operator of the emissions as determined and themethodology used to determ ine such emissions:
 Provided further that the Authority shall enter the
amount of emissions as determin ed in accordance with this
sub-regulation into the Union Registry."; and
(c) immediately after sub-regulation (3) thereof, there
shall be added the follo wing new sub-regulations:
 "(4) Where the verification report submitted with an
annual emissions report states outstanding non-conformities or recommendatio ns for improvements, the
aircraft operator shall submit to the Authority, by not later
than 30th June of the year when the verification report is
issued by the verifier, an improvement report describing
how and when the aircraft operator has rectified or plans to
rectify the non-conformities ide ntified by the verifier and to
implement recommended improvements.
 (5) The Authority shall, within a reasonable time,
approve the improvement report and inform the aircraft
operator of its approval. Where it deems necessary, the
Authority may require the submission of a revisedimprovement report.".
Amends 
regulation 16 of 
the principal regulations.11 Regulation 16 of the principal regulations shall be amended
as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following:
 "(1) For the period ending 31st December, 2020, and
subsequent periods, an aircraft operator shall, by 30th April
each year, surrender a number of allowances that is equal tothe total emissions from aviation activities listed in
Schedule 1 during the preceding calendar year as verified
in accordance with regulation 13, or as determined by theAuthority in accordance with regulation 14.";
(b)  in sub-regulation (2) thereof the words "under sub-
regulation (1)." shall be substituted by the words "under sub-regulation (1);" and immediately after there shall be added the
following new proviso:
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 "Provided where necessary, and for as long as is
necessary, in accordance with relevant decisions and
regulations adopted by the Commission pursuant toDirective 2003/87/EC, an air craft operator shall not
surrender allowances that are issued by a Member State inrespect of which there are obligations arising fromDirective 2003/87/EC which are lapsing.".
Amends 
regulation 23 of 
the principal 
regulations.12. Regulation 23 of the principal regulations shall be
substituted by the following:
"23. The revenue from the auctioning of allowances, after
deducting the audited costs to administer the EU ETS agreed
between the Minister responsible for finance and the Authority,
shall accrue to the  consolidated fund.".
Amends 
regulation 24A 
of the principal 
regulations.13. Regulation 24A of the principal regulations shall be
amended as follows:
(a) sub-regulation (1) thereof shall be substituted by the
following:
 "(1) Without prejudice to the generality of these
regulations and by way of derogation from regulations 12,
13, 14, 15 and 16, the Authority shall consider the
requirements set out in those regulations to be satisfied and
shall not take action against air craft operators in respect of:
 (a) all emissions from flights to and from
aerodromes located in count ries outside the European
Economic Area in each ca lendar year from 1st
January, 2013 to 31st December, 2023;
 (b) all emissions from flights between an
aerodrome located in an outermost region within themeaning of Article 349 of the Treaty on the
Functioning of the European Union and an aerodrome
located in another region of the European EconomicArea in each calendar year  from 1st January, 2013 to
31st December, 2023.";
(b) sub-regulation (4) there of shall be deleted; and
(c) immediately after sub-regulation (5) thereof, there
shall be added the follo wing new sub-regulations:
 "(6) By way of derogation from regulations 12, 13
and 14, where an aircraft operator has total annual
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emissions from aviation activities listed in Schedule 1
lower than twenty five thousand (25,000) tonnes of carbon
dioxide, its emissions shall b e considered to be verified
emissions if determined using a tool approved in
accordance with relevant deci sions and regulat ions adopted
by the Commission pursuant to Directive 2003/87/EC and
populated by Eurocontrol with Eurocontrol data.
 (7) By way of derogation from regulations 12, 13
and 14, where an aircraft op erator has total annual
emissions from flight s other than those referred to in sub-
regulation (1) lower than three thousand (3,000) tonnes ofcarbon dioxide, its emissions shall be considered to be
verified if determined using a tool approved in accordance
with relevant decisions and regulations adopted by theCommission pursuant to Directive 2003/87/EC and
populated by Eurocontrol with Eurocontrol data.".
(8) From 1st January, 2021, the number of
allowances allocated to an aircraft operator in accordancewith regulation 4 or regulation 5 shall, each year, decrease
by a linear factor of 2.2%.
(9) By way of derogation from regulation 4(1) and
regulation 5(1), regulations 4  and 5 shall not be applicable
for the period beginning 1st January, 2021.".
Amends 
Schedule 1 of the principal 
regulations.14. Schedule 1 to the principal re gulations shall be amended as
follows:
(a) point (j) thereof shall be  substituted by the following:
"(j) flights which, but for this exclusion, would fall
within the definition of aviat ion activity as listed here,
performed by a commercial air transport operator operating
either:
- fewer than 243 flights per period for three
consecutive four-month periods; or
- flights with total annual emissions lower
than 10,000 tonnes per year:
 Provided that flights performed exclusively for the
transport, on official missions, of a reigning Monarch and
his immediate family, H eads of State, Heads of
Government and Government, of a Member State may not
be excluded under this point."; and
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Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz/Price
€0.99B 2098
(b) point (k) thereof shall be substituted by the following:
"(k) from 1 December 2013 to 31 December 2030,
flights which, but for this point, would fall within this
activity, performed by a non-commercial aircraft operator
operating flights with total annual emissions lower than
1,000 tonnes of carbon dioxide equivalent per year.".
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