(fra kommisjonsforordningen)

(1) Commission Regulation (EC) No 748/2009 (2) establishes a list of aircraft operators which performed, on or after 1 January 2006, an aviation activity listed in Annex I to Directive 2003/87/EC. That list specifies the administering Member State for each aircraft operator referred to in Article 18a(3), point (a), of that Directive.

(2) The inclusion of an aircraft operator in the EU ETS is not dependent on the inclusion of an aircraft operator in the list of aircraft operators established by the Commission on the basis of Article 18a(3) of Directive 2003/87/EC. It depends rather on the performance of an aviation activity listed in Annex I to that Directive.

(3) Pursuant to Article 18a(3), point (b), of Directive 2003/87/EC, from 2024, the list of the Annex to Regulation (EC) No 748/2009 is to be updated every two years to include aircraft operators that have performed an aviation activity listed in Annex I to Directive 2003/87/EC and to remove from it aircraft operators that have not performed such activity during the four consecutive calendar years preceding the updating of that list.

(4) Such updated list should be established based on the latest data provided by Eurocontrol on aircraft operators which performed an aviation activity listed in Annex I to Directive 2003/87/EC.

(5) Regulation (EC) No 748/2009 should therefore be amended accordingly,