Climate change - The Aviation Greenhouse Gas Emissions Trading Scheme Regulations 2009 and 2010 – how they could impact on aircraft operators flying to and from the UK
Summary
- The 2009 Regulations together with the draft 2010 Regulations (currently under consultation) (the “Regulations”) will (once the 2010 Regulations come into effect) transpose into UK law parts of Directive 2008/101/EC, which amends Directive 2003/87/EC (the “Directive”) to include “aviation activities” within the EU ETS.
- The Regulations will apply to any non-UK aircraft operators operating to and from the EU who are to be regulated by the UK for the purposes of the EU ETS.
- The Regulations set out: the steps required to be taken by aircraft operators to apply for the free allocation of aviation allowances and to comply with the Directive’s monitoring and reporting requirements and the process for operators to surrender allowances to account for their emissions.
- The Regulations also provide for various operating fees which will be levied and prescribe additional penalties for non-compliance which were not set out in the Directive including a right of detention and sale of aircraft. This has implications for leasing arrangements.
- Little progress was made at the Copenhagen climate conference in relation to international aviation emissions.
Disclaimer
This publication is written as a general guide only. It is not intended to contain definitive legal advice which should be sought as appropriate in relation to a particular matter.
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