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Overview relevant legislation
EU legislation:
Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC 2003/87
Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community
Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community
Commission Decision of 8 June 2009 on the detailed interpretation of the aviation activities listed in Annex I to Directive 2003/87/EC of the European Parliament and the Council
Commission Decision 2007/589/EC of 18 July 2007 establishing guidelines for the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council
Commission Decision 2009/339/EC of 16 April 2009 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities
Commission Regulation (draft) on the approval of a simplified tool developed by the European organisation for air safety navigation (Eurocontrol) to estimate the fuel consumption of certain small emitting aircraft operators (draft version was approved by the Climate Change Committee on 17/02/2010 and has been sent to the European Parliament for scrutiny)
Commission Decision 2011/149/EU of 7 March 2011 on historical aviation emissions pursuant to article 3c(4) of Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowance trading within the Community
Commission Decision 2011/638/EU of 26 September 2011 on benchmarks to allocate greenhouse gas allowances free of charge to aircraft operators pursuant to article 3e of Directive 2003/87/EC of the European Parliament and of the Council
Flemish legislation:
Published:
The decree of 2 April 2004 of the Flemish Parliament for the reduction of the emission of greenhouse gases in the Flemish Region by promoting the rational use of energy, the use of renewable energy sources and the use of flexible mechanisms from the Kyoto Protocol, most recently amended by decree of 8 May 2009 (hereinafter 'the REU decree'):
- Decree of 2 april 2004 (only Dutch and French version available)
- Amendment of 8 May 2009 regarding the inclusion of aircraft operators in the EU ETS
The decision of the Flemish Government of 4 September 2009 amending the decision of the Flemish Government of 7 December 2007 on greenhouse gas emission allowance trading (hereinafter 'the EAT decision').
- Decision of the Flemish Government of 7 December 2007 (only Dutch and French version available)
- Amendment of 4 September 2009 regarding the inclusion of aircraft operators in the EU ETS:
The ministerial decision of 7 December 2009 with regard to the determination of the monitoringplan CO2-emissions and the monitoringplan tonne-kilometre data
- only Dutch version available, an English courtesy translation of the templates can be found under the topic "Monitoring, Reporting and Verification"
The ministerial decision of 7 December 2009 with regard to the determination of templates and explanations to notify a high impact abnormal circumstance CO2-Emissions and tonne-kilometre data and a substantial change CO2-Emissions and tonne-kilometre data in the context of the European CO2 Emission trading scheme for aircraft operators.
- only Dutch version available, an English courtesy translation of the templates can be found under the topic "Monitoring, Reporting and Verification"
The ministerial decision of 7 December 2009 with regard to the determiniation of templates and explanations of the logbook abrnormal circumstance CO2-emissions and tonne-kilometre data and the logbook change CO2-emissions and tonne-kilometre data in the context of the European CO2-Emission trading scheme for aircraft operators.
- only Dutch version available, an English courtesy translation of the templates can be found under the topic "Monitoring, Reporting and Verification"
The ministerial decision of 16 April 2010 with regard to the determination of guidelines for monitoring and reporting emissions and tonne-kilometre data from aviation activities.
Explanatory note: All mandatory attachments for the annual emissions report (chapter 11) and for the report tonne-kilometres (chapter 12) should be sent to your verifier when submitting your report(s) for verification. These attachments will be treated as confidential by your verifier and do not have to be submitted to the competent authority.
If small emitters have trouble providing these mandatory attachments, because the data are not available, they should contact the Flemish Verification Office. In this case the Competent Authority can ask for alternative data or decide that the small emitter does not have to provide these data.
Small emitters who do not use the simplified monitoring based on Eurocontrol estimations, are not required to submit the Air Traffic Information with their reports.
The ministerial decision of 28 November 2011 with regard to the allocation of greenhouse gas emission allowances free of charge to aircraft operators administered by the Flemish Region, for the year 2012 and the period 2013-2020 (only available in dutch - overview table of the allocation can be found under "application and allocation of allowances")