German Emissions Trading Authority

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LuftverkehrGeographical scope: Which flights are subject to EU ETS 1?

LV 005Answer

The following three geographical areas of application are relevant for the European Union emission trading system (EU ETS 1):

  • Extended Full Scope: includes all flights departing from or arriving at the European Economic Area (EEA); relevant for the consideration whether an aircraft operator is subject to the EU ETS 1 (see answer LV004)
  • Full scope: includes all flights departing from or arriving at the EEA; excluding flights from Switzerland or the United Kingdom (UK) of Great Britain and Nothern Ireland into the EEA; decisive for the consideration of whether an aircraft operator can apply a simplified reporting procedure according to Article 55 of the Monitoring Regulation (MVO) or Article 28a paragraph 6 of the Emissions Trading Directive (see answers LV033 and LV038)
  • Reduced scope: includes all flights departing from or arriving at the EEA, as well as flights from the EEA to Switzerland and from the EEA to the United Kingdom of Great Britain and Nothern Ireland relevant for the reporting and submission obligation

In the following, the reduced scope is explained in detail, as its correct application is crucial for the fulfilment of the reporting and submission obligation.

The limitation of the reporting and surrender obligation applies according to Regulations (EU) Number 421/2014 and (EU) Number 2017/2392 for the reporting years 2013 to 2023. According to these regulations, emissions from flights between an aerodrome in the EEA and an aerodrome outside the EEA are no longer subject to the reporting and surrender obligation. For flights to, from and within outermost regions special regulations apply, which are described under b).

a) The geographical scope includes the EEA-territories of

  • Austria
  • Belgium
  • Bulgaria
  • Croatia
  • Cyprus
  • Czech Republik
  • Denmark
  • Estonia
  • Finland
  • France
  • Germany
  • Greece
  • Hungary
  • Iceland
  • Ireland
  • Italy
  • Latvia
  • Liechtenstein
  • Lithuania
  • Luxembourg
  • Malta
  • Netherlands
  • Norway
  • Poland
  • Portugal
  • Romania
  • Slovakia
  • Slovenia
  • Spain
  • Sweden
  • United Kingdom (until 31/12/2020)

on the European continent.

The following territories of Member States are also part of the EEA: Ceuta and Melilla (Spain), Aland Islands (Finland), Jan Mayen (Norway) and Gibraltar (United Kingdom until 31/12/2020).

Special regulations apply for Switzerland (from 01/01/2020) and United Kingdom (from 01/01/2021):

On 01/01/2020, the agreement on linking the emissions trading systems of Switzerland and the European Union entered into force. Through the linking, emissions from flights from the EEA to Switzerland are subject to the reporting and surrender obligation of the EU ETS 1.

Due to the UK's withdrawal from the EU, the UK will also no longer participate in the EU ETS 1 from 01/01/2021. However, due to the trade agreement between the EU and the United Kingdom, flights from the EEA to the United Kingdom will continue to be covered by the EU ETS 1.

So the reduced scope of earlier years differs from the current status. 

b) Outermost regions: The European Union (EU) currently includes nine outermost regions in the meaning of Article 349 of the Treaty on the Functioning of the European Union:

  1. Canary Islands (Spain)
  2. French Guiana (France)
  3. Guadeloupe (France)
  4. Martinique (France)
  5. Mayotte (France)
  6. Réunion (France)
  7. Saint-Martin (France)
  8. Azores (Portugal)
  9. Madeira (Portugal)

Emissions from flights between aerodromes in the same outermost region (for example within the Canary Islands) remain fully covered under the EU ETS 1. However, pursuant to Commission Regulation (EU) Number 421/2014 an Comission Regulation (EU) Number 2017/2392 flights between an aerodrome located in an outermost region and an aerodrome in another outermost region (for example between Madeira and the Canary Islands) are temporarily excluded from the geographical scope of the EU ETS 1 for the reporting years 2013 to 2023 in terms of reporting and surrendering obligations. The same applies to flights between EEA-territories on the European continent and outermost regions.

c) The following countries and territories of EEA Member States are excluded from the EU ETS 1 for 2013 to 2023. UK territories are also excluded after 2023:

  • Greenland
  • Faeroe Islands
  • French Polynesia
  • New Caledonia
  • Saint Barthélemy, Saint Pierre and Miquelon
  • Wallis and Futuna
  • Aruba
  • Bonaire
  • Saba
  • Sint Eustatius
  • Curaçao
  • Sint Maarten
  • Svalbard
  • Anguilla (UK)
  • Bermuda (UK)
  • British Antarctic Territory (UK)
  • British Indian Ocean Territory (UK)
  • British Virgin Islands (UK)
  • Cayman Islands (UK)
  • Falkland Islands (UK)
  • Bailiwick of Guernsey (UK)
  • Isle of Man (UK)
  • Jersey (UK)
  • Montserrat (UK)
  • Pitcairn (UK)
  • Henderson (UK)
  • Ducie and Oeno Islands (UK)
  • Saint Helena, Ascension and Tristan da Cunha (UK)
  • South Georgia and the South Sandwich Islands (UK)
  • Turks and Caicos Islands (UK)
  • Akrotiri (UK)
  • Dhekelia (UK)

Emissions from flights to, from or between these airports are not subject to emissions trading for the reporting years 2013 to 2023. For UK territories this also applies after 2023.

d) Specifics of certain airports

Basel-Mulhouse-Freiburg

Flights to and from the Basel-Mulhouse-Freiburg EuroAirport (ICAO airport codes LFSB and LSZM) are subject to the EU ETS 1 because the airport is situated in French territory.

Ercan (Northern Cyprus)

The Ercan Airport (ICAO airport code LCEN) is situated in the Turkish Cypriot north of the island in, and as known by Turkey, the Turkish Republic of Northern Cyprus, which is not internationally recognised as a state – except by Turkey. Consequently, the airport is not in the territory of an EU Member State as the Republic of Cyprus exercises no authority there.

Ercan Airport is therefore treated in the EU ETS 1 as a non-EU airport.

Gibraltar

Gibraltar is no longer an EEA territory since 01/01/2021 and is also not covered by the trade agreement between the EU and UK. Flights between the EEA and Gibraltar are therefore currently not subject to the reduced scope. However, on 05/10/2021, the European Council authorised the opening of negotiations on an agreement with UK in relation to Gibraltar. If there are any changes regarding flights between the EEA and Gibraltar after the conclusion of a corresponding agreement, we will inform accordingly.

14/04/2023

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