Commission Regulation (EU) No 109/2013 of 29 January 2013 amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator also taking into consideration the expansion of the Union emission trading scheme to EEA-EFTA countries Text with EEA relevance
Commission Regulation (EU) No 109/2013of 29 January 2013amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator also taking into consideration the expansion of the Union emission trading scheme to EEA-EFTA countries(Text with EEA relevance)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 scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/ECOJ L 275, 25.10.2003, p. 32., and in particular Article 18a(3)(b) thereof,Whereas:(1)Directive 2008/101/EC of the European Parliament and of the CouncilOJ L 8, 13.1.2009, p. 3. amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union.(2)Commission Regulation (EC) No 748/2009OJ L 219, 22.8.2009, p. 1. establishes a list of aircraft operators which had performed an aviation activity as defined in Annex I to Directive 2003/87/EC on or after 1 January 2006.(3)That list aims to reduce the administrative burden on aircraft operators by providing information on which Member State will be regulating a particular aircraft operator.(4)The inclusion in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out in Annex I to Directive 2003/87/EC and is not dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of that Directive.(5)Directive 2008/101/EC was incorporated into the Agreement on the European Economic Area by Decision of the EEA Joint Committee No 6/2011 of 1 April 2011, amending Annex XX (Environment) to the EEA AgreementOJ L 93, 7.4.2011, p. 35..(6)The expansion of the aviation provisions of the Union emission trading scheme to EEA-EFTA countries and the criteria set under Article 18a(1) of Directive 2003/87/EC to determine aircraft operator’s administering Member State imply that certain aircraft operators should be administered by EEA-EFTA countries.(7)Regulation (EC) No 748/2009 should therefore be amended accordingly,HAS ADOPTED THIS REGULATION: