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Criteria to determine the administering Member State

There are two criteria to determine an administering Member State for an aircraft operator. When an aircraft operator is based in the European Union or an EEA-EFTA country and has a valid operating license issued by one of the states, this country will administer an aircraft operator. In all other cases, it will be the state with the greatest estimated attributed aviation emissions performed by that aircraft operator in the base year.

The inclusion of aircraft operators in the EU Emissions Trading System is linked to the performance of an aviation activity listed in Annex I to Directive 2003/87/EC and is not subject to inclusion on the list. This means that aircraft operators performing aviation activities are covered by the EU ETS whether or not they appear in the list of aircraft operators. Likewise aircraft operators which stop operating flights are excluded from the scheme once they cease to perform an aviation activity listed in Annex I and have surrendered the relevant allowances, rather than at the point when they are removed from the list.

Before 1 February each year, the Commission will update the list of aircraft operators to include the new entrants that started performing aviation activities in the previous year.

EEA-wide list of aircraft operators

Before 1 February each year the Commission has an obligation to update the list of aircraft operators in order to include the new entrants that started performing aviation activities in the previous year. The latest list of aircraft operators was adopted on 3 February 2012. This list contains 29 EEA countries, as the aviation part of the EU ETS covers EEA-EFTA countries. At present there is no aircraft operator allocated to Liechtenstein.

Aircraft operators to contact their competent authority

Each Member State and EEA-EFTA state has appointed a competent authority for the implementation of the inclusion of aviation to the EU ETS (see the "Documentation" section on top of this page). Aircraft operators who are on the list, but are not yet in contact with their competent authority are advised to get in touch.

Submission of fleet lists and update of the Prior Compliance List

To further improve the accuracy of the list of aircraft operators, the European Commission will continue the fleet lists collection process. The fleet list form [145 KB] was last updated on 2 December 2011.

Only fleet lists submitted by 9 December will be considered for the list of operators to be updated by 1 February 2012. In order to facilitate the process, aircraft operators may pre-submit their fleet list to Eurocontrol (ets.info@eurocontrol.int) for initial verification prior to submitting it to the European Commission. Eurocontrol will then check that all information required for processing has been provided. Howerer, any pre-verification from the part of Eurocontrol does not entail that the submission to the Commission is not required. On the contray, the Fleet List still has to be officially submitted to the European Commission. Otherwise, it will not be processed.

The completed form is to be submitted to the European Commission, to the address ENV-EU-ETS-AIRCRAFT-OPERATOR-LIST@ec.europa.eu.

The following aircraft operators should submit their fleet lists to the Commission:

• Aircraft operators that performed flights in 2010 but have not yet been included in the list of aircraft operators nor in the prior compliance list published last April.
• Aircraft operators that started flights to the EU and EEA in 2011, but used service companies to file their flight plans and to pay route charges, and do not have CRCO account. These aircraft operators will not be included in the prior compliance list to be published in autumn 2011, because their administering member State will be determined at the end of 2011.
• Aircraft operators who have already submitted an ETS Fleet List but have subsequently made changes to their fleet are kindly requested not to submit a new Fleet List at this stage. A new process for updating existing Fleet Lists will be made available later in the year.

You can find the prior compliance list, updated to reflect the changes to the list of aircraft operators adopted on 20 April 2011, in the "Documentation" tab on top of this page.