Scope of the EU ETS directive for aircraft operators

Which aviation activities are subject to the emissions trading scheme?
Annex 1 to the Directive 2008/101/EC defines the categories of aviation activities to which the directive applies, and of which thus emissions must be monitored (as from emissions of 2010), and for which emission allowances will have to be surrendered (as from 2013 for emissions for 2012).

In principle all flights that depart from or arrive at airports in the territory of a Member State fall under the scope of ETS.

Some activities have been exempted from the EU ETS (only most relevant exemptions are mentioned hereunder):
1. flights operated by aircraft with a certified Maximum Takeoff Weight (MTOW) of less than 5700 kg do not fall under the scheme.
2. commercial airlines are exempted from the emissions trading scheme, if:
• they operate fewer than 243 flights per period in three successive periods of four months, or;
• the total emission of the flights comes to less than 10,000 tonnes per year.
This exemption applies only to commercial airlines.
3. some other specific exemptions, such as military flights, medical flights, rescue flights and flights operated solely in accordance with visual flight rules as defined in annex 2 to the Chicago Convention.

The European Commission has developed guidelines on the detailed interpretation of the aviation activities listed in Annex I of the Directive 2008/101/EC. The final guidelines can be consulted here. They were approved of by the Climate Change Committee on 3 April 2009, were subsequently transmitted to the European Parliament, and were published in the PB L of the EC on 12-Jun-09. 

Which aircraft operators are required to participate in emissions trading?
All operators who perform aviation activities which are defined in Annex 1 of the Directive 2008/101/EC have to participate in the EU ETS. This means that also operators not established in one of the 27 EU-Member States must also participate in the ETS if they operate flights to or from MS of the EU-27.
More information on the lists of operators, can be consulted here.