Commission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)
Commission Delegated Regulation (EU) 2019/1603of 18 July 2019supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure(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 system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/ECOJ L 275, 25.10.2003, p. 32., and in particular Article 28c thereof,Whereas:(1)Article 28c of Directive 2003/87/EC empowers the Commission to adopt provisions for the appropriate monitoring, reporting and verification of emissions for the purpose of implementing the International Civil Aviation Organisation's ("ICAO") global market-based measure on all routes covered by that measure. For reasons of legal certainty and clarity, it is necessary to specify the flights subject to those provisions by reference to the relevant routes and aircraft operators.(2)Arrangements for the monitoring and reporting of emissions as well as the verification of emission reports apply, for the purposes of the EU Emission Trading System, in accordance with Commission Regulation (EU) No 601/2012Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 181, 12.7.2012, p. 30). and Commission Implementing Regulation (EU) 2018/2067Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94).. Those arrangements have been updated and further developed, as regards the monitoring and reporting of emissions, by Commission Implementing Regulation (EU) 2018/2066Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1)., which will apply from 1 January 2021. Implementing Regulations (EU) 2018/2066 and (EU) 2018/2067 take account of the first edition of the international standards and recommended practices adopted by the ICAO on 27 June 2018. For reasons of administrative efficiency and to minimise compliance costs for operators, it is appropriate to align the provisions for the implementation of the ICAO's global market based measure and the provisions laid down in Regulation (EU) No 601/2012 and in those Implementing Regulations.(3)Under Commission Regulation (EU) No 601/2012, Member States can prescribe the use of electronic templates and specific file formats for the purposes of reporting emissions from aviation activities under Directive 2003/87/EC. To ensure that aircraft operators can comply with such requirements also when reporting emissions for the purposes of the ICAO's global market-based measure, the Commission should publish a specific electronic data exchange format.(4)The application of monitoring, reporting and verification requirements for certain flights only in respect of aircraft operators based in the EEA is not considered to cause any distortion of competition. Therefore, such requirements can be adopted on the basis of Article 28c of Directive 2003/87/EC.(5)On the basis of a cooperation agreement between the two, the Commission is entitled to request the assistance of Eurocontrol to ensure quality of emissions data. In the interests of ensuring the completeness and accuracy of emissions data to be transmitted by Member States in the format expected by ICAO, Member States should be able to request the Commission to seek this assistance from Eurocontrol.(6)Member States should transmit relevant verified emissions data to the ICAO Secretariat, and ensure complete and timely reporting of emissions data concerning all relevant flights.(7)In accordance with Article 28b(2) of Directive 2003/87/EC, the report referred to in that article should consider whether this regulation should be revised,HAS ADOPTED THIS REGULATION: