COMMISSION REGULATION (EU) No 82/2010of 28 January 2010amending Regulation (EC) No 748/2009 on the list of aircraft operators which performed anaviation activity listed in Annex I to Directive 2003/87/EC on or after 1 January 2006 specifyingthe administering Member State for each aircraft operator
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the EuropeanUnion,Having regard to Directive 2003/87/EC of the EuropeanParliament and of the Council of 13 October 2003 establishinga scheme for greenhouse gas emission allowance trading withinthe Community and amending Council Directive 96/61/EC (
),and in particular Article 18a(3)(a) thereof,Whereas:
Directive 2003/87/EC, as amended by Directive2008/101/EC (
), includes aviation activities in thescheme for greenhouse gas emission allowance tradingwithin the European Union.
Commission Regulation (EC) No 748/2009 (
) establishesa list of aircraft operators which had performed anaviation activity within the meaning of Annex I toDirective 2003/87/EC on or after 1 January 2006.
The list of aircraft operators established by Regulation(EC) No 748/2009 aims to reduce the administrativeburden on aircraft operators by providing for a singleMember State to be responsible for each aircraftoperator, so that each operator knows which MemberState it will be regulated by and each Member State isclear on which operators it should regulate.
The inclusion in the Union’s emissions trading scheme,including the obligation to surrender allowances, isdependent upon the performance of an aviation activity in Annex I of Directive 2003/87/EC and is notdependent on the inclusion in the list of aircraftoperators established by Regulation (EC) No 748/2009.
A number of aircraft operators employ management orservice companies to file flight plans and pay routecharges on their behalf. Consequently the InternationalCivil Aviation Organization (ICAO) designator of themanagement or service company often appears in theflight plan, notwithstanding that such companies may not be aircraft operators. The best means to identify anaircraft operator or aircraft owner is the presence of theICAO designator or registration marking in the flightplan, and it is therefore often not possible to identify with certainty the relevant operator unless the operatorprovides Eurocontrol with a fleet declaration containingdata on the aircraft it operates. In establishing theupdated list of aircraft operators, the Commission hastaken account of the fleet list declarations provided toit by operators and management and service companies.However, a number of management or service companiesand aircraft registration markings appear in the updatedlist due to a lack of information provided.
Regulation (EC) No 748/2009 should therefore beamended accordingly,
HAS ADOPTED THIS REGULATION:
The Annex to Regulation (EC) No 748/2009 is replaced by theAnnex to this Regulation.
This Regulation shall enter into force on the third day followingthat of its publication in the
Official Journal of the EuropeanUnion
.This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 28 January 2010.
For the CommissionThe President
José Manuel BARROSOEN
L 25/12 Official Journal of the European Union 29.1.2010
) OJ L 275, 25.10.2003, p. 32.(
) OJ L 8, 13.1.2009, p. 3.(
) OJ L 219, 22.8.2009, p. 1.