The UK Government is revising its Regulations implementing Aviation EU ETS to ensure all aircraft operators who meet the criteria for regulation by the UK can be dealt with by the UK Regulators.

Under current UK legislation on Aviation EU ETS the UK Regulators can only regulate aircraft operators who are allocated to the UK on the list of aircraft operators published by the European Commission. In the light of inaccuracies in that list, the UK government has decided that it is appropriate to amend this legislation so as to allow for regulation on a wider basis.

The proposed amendment will enable aircraft operators who are not included on the Commission’s list to be regulated by the UK if the Secretary of State is satisfied they meet the necessary criteria. These can be found in Article 18a and Annex I of the Aviation EU ETS Directive and the key consideration for operators is whether the majority of their CO2 emissions on flights to and from the EU are attributed to the UK. Please see EU Emissions Trading System for guidance and further information.

To ensure compliance with Aviation EU ETS aircraft operators who do not currently appear on the Commission’s list but who believe they maybe subject to UK regulation are asked to contact aed@dft.gsi.gov.uk.

Aircraft operators should note that the deadline for operators covered by the EU ETS to apply to their regulator for a share of free CO2 allowances available through the 2010 benchmarking process is 31 March 2011.