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LV 004Answer
The classification from what point on an aircraft operator in European Union emission trading system (EU ETS 1) is subject to emissions trading is different for commercial and non-commercial aircraft operators (see answer LV 003):
For non-commercial aircraft operators who do not exclusively perform flights pursuant to Annex 1 Part 2 Number 33 littera a to I of the Greenhouse Gas Emission Allowance Trading Act (TEHG) the following threshold applies from 01/01/2013:
- If less than 1,000 tonnes of CO2 are emitted per year non-commercial operators are not subject to emissions trading for that year.
For commercial aircraft operators who do not exclusively perform flights pursuant to Annex 1 Part 2 Number 33 littera a to i TEHG, the following thresholds apply:
- If less than 10,000 tonnes of CO2 are emitted per year or fewer than 243 flights are performed in the periods from January to April, May to August and September to December within one year, commercial aircraft operators are not subject to emissions trading for that year.
Important: In order to judge if an aircraft operator is above or below the relevant thresholds, the extended scope of the emission trading system (ETS) Directive (“extended full scope”) is applicable, not the temporary reduced scope (see answer LV 005). Furthermore, to determine the number of flights performed and the amount of annual emissions, all flights that do not fall under an exemption pursuant to Annex 1 Part 2 Number 33 (including those free of charge) but have been conducted by an aircraft operator must be taken into account.
23/11/2021