Aviation in the EU Emissions Trading System

This section of the site provides information on the development of arrangements for regulating the aviation sector in the UK under the EU Emissions Trading System (EU ETS). This should be of interest predominantly to aircraft operators who will be regulated directly under the System.

In conjunction with DfT, Defra held a consultation on The European Commission’s draft legislative proposal for including aviation in the EU ETS in 2007, which is published on the Department for Transport's website. On 4 March 2009, DECC published a consultation on the first stage of passing the aviation directive into UK law. This consultation closed on 14 May 2009. The first stage Regulations were laid before Parliament on 27 August 2009, following the publication of the list of aircraft operators to be regulated by each Member State in the Official Journal of the European Union on 22 August 2009.

Latest news

Friday 14 September 2012: Designation of UK aviation operators to be subject To EU ETS regulation

The Secretary of State has made the following designations (Valero Services, Inc and Jet Centre Limited). These have been made under the UK legislation on Aviation EU ETS that enables 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.


Monday 3 September 2012: Updated level of free allocation of allowances for EU ETS aviation operators regulated in the UK

DECC have published an updated version of the levels of free allocation to EU ETS aircraft operators regulated in the UK. DECC will publish updated versions of this spreadsheet on an approximately quarterly basis to reflect any subsequent changes to operator details and allocation levels.


Tuesday 22 MAY 2012: UPDATED LEVEL OF FREE ALLOCATION OF ALLOWANCES FOR EU ETS AVIATION OPERATORS REGULATED IN THE UK

Following the European Commission’s announcement on 27 April on the timetable of transition to the single registry. DECC have published an updated version of the levels of free allocation to EU ETS aircraft operators regulated in the UK. This version is the current allocation levels whilst access to the registry system has been suspended to enable full activation of the single registry. DECC will publish updated versions of this spreadsheet on an approximately quarterly basis to reflect any subsequent changes to operator details and allocation levels. 


FRIDAY 10 FEBRUARY 2012: GUIDANCE ON THE APPEALS PROCESS FOR EU ETS AVIATION OPERATORS REGULATED IN THE UK

DECC in conjunction with the Devolved Administrations has published guidance on the appeals process under the Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010


Thursday, 29 September 2011: level of free allocation of allowances for EU ETS aviation operators regulated in the UK

Following the European Commission's announcement on 26 September 2011 of the benchmark values, which will be used to calculate the free allocation of allowances for aviation operators up to 2020, the Environment Agency and Scottish Environment Protection Agency (SEPA) have calculated the levels of free allocation its regulated EU ETS aviation operators will receive in 2012 and for the period 2013-2020.

The allocations have been calculated by applying the European Commission published benchmark values to the 2010 verified activity data (tonne-kilometre data) submitted by operators. Please note allocations to aircraft operators may be adjusted should an act pursuant to Article 25a of Directive 2003/87/EC be adopted.


Wednesday 30 March 2011: Designation of UK aviation operators to be subject to EU ETS regulation

The UK legislation on Aviation EU ETS has been amended to 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. The Secretary of State has made the following designation under these amended regulations. 


Wednesday 16 March 2011: Facilitating regulation by the UK under the Aviation EU Emissions Trading System (EU ETS)

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 the Environment Agency website 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.

Earlier announcements

Monday 9 August 2010

Laying of second stage Aviation EU ETS Regulations before Parliament.

We laid our second stage Regulations before Parliament on 6 August 2010. The Regulations complete the UK’s transposition of the Aviation EU ETS Directive (2008/101/EC). The Regulations will come into force on 31 August 2010 and can be found, along with the Final Impact Assessment, at the Legislation.gov.uk: The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2010 web page.

The summary and analysis of consultation responses are available from the Consultation on second stage transposition of EU Directive (2008/101/EC) to include aviation in the EU Emissions Trading System (EU ETS) web page.

In addition a note of the breakout sessions held during the 19 February 2010 consultation stakeholder workshop has been added to the Friday 12 March update below. 

21 December 2009

Consultation on second stage transposition of EU Directive (2008/101/EC) to include Aviation in the EU Emissions Trading System (EU ETS)

The Department of Energy & Climate Change (DECC) and the Department for Transport (DfT) launched a public consultation on 11 December to seek views on the draft second set of implementing Regulations to transpose EU Directive 2008/101/EC to include aviation in to the European Union Emissions Trading Scheme (EU ETS). 

21 October 2009

The UK Director General of Civil Aviation at the Department for Transport (DfT) has written an open letter to the 891 aircraft operators regulated by the UK, highlighting the important deadlines that operators should be aware of, and explaining how to comply. A copy of the letter can be found on the Department for Transport: Environmental issues web page.  

17 September 2009

The first stage Aviation EU ETS Regulations, which were laid before Parliament on 27 August, are now in force. 


Further information

We will update the website when information changes, but for more information we advise you check the European Commission’s website, which will also be updated with news from the Commission. 


Aviation Directive summary         

         

                 
Final agreement (October 2008)
Timing
2012: inclusion of all flights arriving at and departing from EU airports
Level of emissions cap
2012: 97 percent of average 2004-6 emissions
2013: 95 percent of 2004-6 emissions
Auctioning
2012: harmonised level of 15 percent auctioning
2013: auctioning level for 2013 onwards to be negotiated in the wider EU ETS review negotiations. No legally binding hypothecation clause
Free allocation criteria
Great circle distance plus 95km (fixed). Operators may choose to apply (i) actual weight (ii) standard weight or (iii) default passenger weight of 100kg
Special reserve
Creation of a reserve for new entrants and fast-growing airlines from within the cap. 3 percent of the total capped allowances for that phase. Allocated to new operators and those whose activity data shows an increase of more than 18 percent per annum
Open trading scheme. Access to Certified Emissions Reductions (CERs) & Emission Reduction Units (ERUs)
Open trading scheme but with the removal of the clause that allows convertibility between Assigned Amounts (AAs) and EU Allowance Units (EUAs)
2012: 15 percent access to CERs and ERUs
2012+: to be confirmed as part of ETS review negotiations
Notable exemptions.
A full list is available on the European Commission website
Weight – certified 5.7t maximum take off mass threshold
Heads of State exemption restricted to non-EU
Exemption for Public Service Obligations where they are either on specific routes between outermost regions or where capacity offered does not exceed 30,000 seats per year
Activity threshold exemption for commercial air operators who operate at a frequency lower than 243 flights per period into, out of, or within the EU for three consecutive four-month periods, or with an emissions threshold of less than 10,000 TCO2 a year

 

The Environment Agency will draw upon its experience of managing the existing EU ETS and the CAA will help deliver an effective system for aviation.


Aviation publications and research

The DECC Publications and research page holds documents detailing past research.
 
You can find more information, including news, FAQs, links to guidance and templates, and help on submitting monitoring and benchmarking plans, on the Environment Agency EU ETS aviation website.
 
You can contact the DECC EU ETS Team at EU.ETS@DECC.gsi.gov.uk.

 

Promotions

|

Connect With DECC

|

Social sharing options

You are here:

  1. Home
  2. Cutting Emissions
  3. EU Emissions Trading System
  4. Aviation in the EU ETS

Latest on DECC.GOV.UK

Secretary of State's response to campaigns
Updated 1 hour ago The Secretary of State's response to correspondence from campaigns.
Renewable Heat Incentive (RHI)
Updated 3 hours ago The Renewable Heat Incentive policy aims to revolutionise the way heat is generated and used in buildings and homes. It is the first financial support
Assessing the EU’s impact on the UK: a review of the balance of competences
Updated 23 hours ago The Government is carrying out a review of the balance of competences between the EU and the UK. This is an audit of what the EU does and how it affec

Explore Department of Energy and Climate Change

About Us
Who we are, our goals and commitment, Jobs, Economics and social research in DECC...
Tackling Climate Change
What is climate change, Saving energy and C02, Carbon Plan, Green Deal, Smart Meters...
Meeting Energy Demand
Nuclear, Oil and Gas, Renewables, Energy security, Development consents and planning...
Cutting Emissions
Carbon budgets, Carbon capture and storage, EU Emissions Trading Scheme, CRC Energy Efficiency Scheme...
Funding and Support
Funding opportunities, Fuel poverty, Warm Front, Coal health claims...
Policy and Legislation
Policy and guidance A-Z, Our legislation...
Consultations
Search by topic, by status...
Statistics
Energy statistics, climate change statistics, fuel poverty statistics...
Publications
Search by keyword, by date, by category...
News
Latest news, Press releases, Speeches...
Glossary
Acronyms

Partners & Help

  • Directgov logo
  • info4local logo
  • The Natioinal Archives logo
  • Business Link logo
Link to home page