German Emissions Trading Authority

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LuftverkehrGeographical scope: Which flights are subject to EU ETS?

LV 005Answer

The flights included by TEHG in principle are all those leaving from or landing at an airport located in a territory of a State Party to the Agreement on the European Economic Area (EEA). For Member States of the European Union, this applies only insofar as the Treaty on European Union applies to the territory (“full scope”, see Annex 1 Part 2 No. 33 TEHG).

For the reporting years 2013-2023, Commission Regulation (EU) No. 421/2014 and (EU) No. 2017/2392 limit the geographical scope for reporting and surrendering. Hence, emissions from flights between an airport located in the European Economic Area and an airport outside of the EEA are not subject to emissions trading anymore. For flights to, from and within outermost regions please see the specifics as laid down in 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 and United Kingdom 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).

b) Outermost regions: The 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 (e. g. within the Canary Islands) remain fully covered under the EU ETS. However, pursuant to Commission Regulation (EU) No. 421/2014 flights between an aerodrome located in an outermost region and an aerodrome in another outermost region (e.g. between Madeira and the Canary Islands) are temporarily excluded from the geographical scope of the EU ETS for the reporting years 2013-2023 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 Member States are excluded from the EU ETS for 2013-2023:

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, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Bailiwick of Guernsey, Isle of Man, Jersey, Montserrat Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Ascension and Tristan da Cunha, South Georgia and the South Sandwich Islands, Turks and Caicos Islands, Akrotiri and Dhekelia.

Emissions from flights to, from or between these airports are not subject to emissions trading for the reporting years 2013-2023.

A modification of the Monitoring Plan just for reflecting the temporary reduced geographical scope 2013-2023 is not necessary.

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 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 as a non-EU airport.

Important: In order to judge if an aircraft operator is above or below of a relevant threshold (see FAQ LV 004) the original scope of the ETS Directive (“full scope”) is applicable, not the reduced scope according to Commission Regulation (EU) Nr. 421/2014 and (EU) Nr, 2017/2392.

15/09/2016

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