The Aviation Directive (Directive 2008/101/EC of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community) came into force on 2 February 2009. The Irish EPA has been appointed the Competent Authority (Regulator) for the implementation of the Directive in Ireland.
The Aviation Directive requires all (EU and non-EU) operators of fixed or rotary-wing aircraft over 5,700 kg (12,566 pounds) who fly to, from or within EU countries to participate in the EU Emissions Trading Scheme starting in 2012 (however other compliance requirements, explained in greater detail below, commence in 2009). There is an exemption for commercial aircraft operations which have fewer than 243 flights per period for three consecutive four-month periods or with total annual emissions from all eligible flights lower than 10,000 tonnes (metric tons) per year. Download a copy of Directive 2008/101/EC
Following public consultation, the Minister for the Environment, Heritage & Local Government issued the European Communities (Greenhouse Gas Emissions Trading) (Aviation) Regulations 2009 (S.I. No. 274 of 2009 on 23rd July 2009 which transposes key features of the Aviation Directive into National Legislation. Download a copy of S.I. 274 of 2009.
This guidance document was developed by the Dutch Emissions Authority and the Environment Agency for England and Wales in order to promote a harmonised approach to implementation of the Directive. It is also endorsed for use by aircraft operators assigned to Ireland. Read Detailed guidance for aircraft operators.
Under the Directive the European commission must publish a list indicating to the operators which of the EU member states (MS) will be responsible for administering an individual operator's compliance with the EU ETS. No operator should have to deal with more than a single MS competent authority (regulator) at one time.
The administering MS is based on either:(i) the MS who issued the Air Carrier Operating Licence under Council Regulation (EEC) No. 2407/92 if the operator holds a valid EU operating licence
or,
(ii) in all other cases, the MS with the greatest estimated attributed aviation emissions from flights in the base year (2006, or the first year of operation if they started operation after 1 January 2006) according to data gathered from Eurocontrol
The European Commission released a preliminary list (see DG Environment - Climate Change - Aviation) of aircraft operators and the administering Member States to which they would report based on European flight activity in 2006-2008. The fact that an operator is not on the EC list does not mean that they are necessarily exempt from the Directive. Operators should consider carefully Annex 1 of the Directive in order to understand if their aviation activity is covered. The Commission has also published a document on the detailed interpretation of Annex 1 - (see DG Environment - Climate Change - Aviation)
The EU Commission recently published a revised list of aircraft operators.
Download revised list of aircraft operators assigned to Ireland
See our page regarding Emissions Monitoring & Reporting here
