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19 August 2009
On July 25 2009 the Data Collection Ordinance 2020 became effective. The German Emissions Trading Authority at the Federal Environment Agency – as the competent authority – has issued advice to aircraft operators on the new ordinance and its consequences. The ordinance forms the legal basis for the submission of emissions monitoring plans.
Furthermore, the deadline for aircraft operators to submit their plans – previously extended from June 2009 to the end of August – has been extended again. A final deadline has been set which ends six weeks after the publication of the list of aircraft operators and their administering EU member states in the Federal Gazette. The final version of this list is still being compiled by the European Commission, with an announcement likely to be made in August, so it has not yet been possible to set a precise submission deadline.
Regardless of this delay, it is advisable for aircraft operators to comply with the previous deadline of August 31 2009 because the authority will only be able to guarantee a notification prior to the beginning of the reporting period to operators whose monitoring plans have been submitted by this date.
From 2012 aviation will be included in the EU Emissions Trading Scheme. Under the scheme, all aircraft operators will be required to monitor their carbon dioxide emissions and submit certificates for every tonne of carbon dioxide produced by their flights each year. A carrier failing to do so will be liable for a fine of €100 a tonne and will have to make up for the shortfall by acquiring additional certificates the next year.
Only the submission of the annual emissions monitoring plan is mandatory. Submission of a tonne-kilometre emissions monitoring plan is required only from those operators that wish to apply for free allowances in 2011.
Eighty-five percent of the aviation allowances will be given away free of charge. Each aviation allowance represents one tonne of carbon dioxide. Operators can purchase additional allowances from other carriers or from other sectors of the scheme, through auctions or in the energy market. Moreover, they can use carbon credits from Kyoto projects, such as certified emission reductions or emission reduction units.
For further information on this topic please contact Ulrich Steppler or Angela Klingmueller at Arnecke Siebold by telephone (+49 69 97 98 85 0), fax (+49 69 97 98 85 85) or email (email@example.com or firstname.lastname@example.org).
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