Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The purpose of this law is to contribute to reducing co 2 emissions from aviation in a cost-effective and economically efficient way.
This law implements Directive 2008 /101/EC of the European Parliament and of the Council amending Directive 2003 /87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community ( Aviation emissions trading directive ).
This law applies to co 2 emissions from flights departing from or departing from a Member State situated in the territory of a Member State of the European Economic Area. (23.1.2015)
This law shall apply to aircraft operators who have access to aircraft operated by a safety agency or other competent Finnish authority in accordance with the provisions of the European Parliament and Council A valid operating licence in accordance with Regulation (EC) No 1008/2008 and the aircraft operators whose estimated emissions from flights caused by flights have been caused by the majority in the territory of Finland during the base year. (23.1.2015)
This law does not apply to military flights on military aircraft, customs and police flights, search and rescue operations, fire-extinguishing flights, humanitarian aid flights and emergency medical flights.
Directive 2003 /87/EC of the European Parliament and of the Council on flights and other greenhouse gas emission allowance trading within the Community and amending Council Directive 96 /61/EC ( General emissions trading directive ) The flights referred to in point (c) of paragraph 1 of the Annex which are not covered by this Act shall be further specified by a Regulation of the Ministry of Transport and Communications.
By way of derogation from paragraph 1, this law shall apply to the CO2 emissions of flights between aerodromes located in the Member States of the European Economic Area between 2013 and 2016. However, until 31 December 2016, the Act shall not apply to flights between an outermost region within the meaning of the Treaty on the Functioning of the European Union and any other flights within the territory of the European Economic Area Co2 emissions. (23.1.2015)
L to 37/2015 Article 5 is provisionally in force from 1 March 2015 to 31 December 2016.
For the purposes of this law:
(1) Emissions The CO2 emissions of flights referred to in Article 2; (23.1.2015)
(2) Emission right The right to release carbon dioxide emissions into the air within a given period within the meaning of the general ets Directive;
(3) Air traffic emission right Allowances to be distributed or sold to the aircraft operator in accordance with this law, which is only available in the air traffic emissions trading system;
(4) Trading period The length of which is provided for in Article 5;
(5) Aircraft operator Any natural or legal person who uses an aircraft when carrying out an aviation activity subject to emissions trading, or if that person is not known or the owner has not identified the operator, the owner of the aircraft;
(6) Previous aviation emissions Average annual emissions of aircraft in comparison with 2004, 2005 and 2006;
(7) Reference century The figure determined by the European Commission to be obtained by dividing the total quantity of allowances to be allocated free of charge by the sum of the quantities of tonne-kilometres declared by aircraft operators, and The quantity of allowances to be allocated free of charge to aircraft operators covered; (23.1.2015)
(8) Climate agreement The United Nations Framework Convention on Climate Change (SopS 61/1994);
(9) Annex I Contracting Parties The Contracting Party mentioned in Annex I to the Convention on Climate Change under the Kyoto Protocol to the United Nations Framework Convention on Climate Change (SopS 13/2005), hereinafter referred to as: Kyoto Protocol , imposed a quantitative limit or an obligation to reduce emissions and has ratified the Kyoto Protocol;
(10) Project activities Activities approved by one or more of the contracting parties to Annex I in accordance with Articles 6 or 12 of the Kyoto Protocol and decisions taken on the basis of the Kyoto Protocol;
(11) Emission reduction unit A unit resulting from a reduction in emissions resulting from the project activity carried out in another climate agreement in the State mentioned in Annex I to the unfccc and which has been issued in accordance with Article 6 of the Kyoto Protocol and decisions taken under the Kyoto Protocol; In accordance with
(12) With certified emission reduction A unit resulting from a reduction in emissions resulting from project activities carried out in a State not listed in Annex I to the Convention, and which has been granted in accordance with Article 12 of the Kyoto Protocol and decisions taken under the Kyoto Protocol In accordance with
The aircraft operator referred to in Article 2 (2) shall:
(1) monitor their emissions and tonne-kilometres, draw up an annual report on their emissions and ensure that the report is verified;
(2) submit a monitoring plan to the Transport Safety Agency for approval four months before the start of the second and subsequent trading periods;
(3) return to the register referred to in Article 15 an annual amount of allowances corresponding to the total air traffic emissions caused by the previous calendar year; (23.1.2015)
(4) provide the Transport Safety Agency with the necessary information for the purpose of applying for free allocation of air transport allowances; and
(5) inform the Traffic Safety Agency of any changes to the operation, changes in the monitoring of emissions and the change of aircraft operator.
The first trading period shall start on 1 January 2012 and end on 31 December 2012. The total number of allowances to be allocated to aircraft operators during the first period amounts to 97 % of the previous emissions of air transport.
The second trading period shall start on 1 January 2013 and end on 31 December 2020. In this trading period and subsequent emissions trading periods, the total number of allowances to be issued to aircraft operators is 95 % of the previous emissions of aviation, multiplied by the number of years in the period.
The total quantity of allowances to be issued in emissions trading periods referred to in paragraph 2 shall be transferred to the special reserve referred to in Article 9 for each trading period. (16.12.2011/1319)
In accordance with the application procedure provided for in Article 7, air transport allowances for aircraft operators shall be allocated free of charge by an amount of 85 % of the total number of allowances under Article 5 under Article 9. The residual amount after the reduction of the air allowances transferred to the special reserve. The remaining 15 % of the volume of aviation allowances will be sold separately via an auction.
Aircraft operators will be able to apply for free allocation of air traffic allowances for each trading period separately. The application shall be submitted by submitting the verified tonne-kilometre data of the aircraft operator to the Transport Safety Agency for the monitoring year in question. The first and second trading years shall be the year 2010. The reference year for subsequent trading periods shall be the calendar year ending 24 months before the start of the trading period which is the subject of the application.
An application for free allocation of air transport allowances shall be submitted for the first and second trading periods by 31 March 2011. For subsequent trading periods, the application shall be submitted at least 21 months before the beginning of the period for which the application is submitted.
The Transport Safety Agency shall submit to the European Commission, at least 18 months before the date of the application, requests for free allocation of air traffic allowances received free of charge. (23.1.2015)
The total quantity of allowances to be allocated and auctioned for each emissions trading period shall be fixed by the European Commission, the number of allowances in the special reserve, free of charge, The quantity of allowances and the reference figure for the allocation of free air traffic rights to aircraft operators. Within three months of the Commission's decision, the Finnish Transport Safety Agency shall grant the aircraft operator free of charge to the aircraft operator free of charge. (23.1.2015)
The total quantity of allowances to be allocated free of charge to each aircraft operator submitting an application during that trading period shall be determined by multiplying the number of tonne-kilometres declared by the aircraft operator to the Commission By indicating the reference number. (23.1.2015)
The decree of the Ministry of Transport and Communications provides for the implementation of a comparison on the basis of free allocation and the content of the application.
In each of the trading periods referred to in Article 5 (2), 3 % of the total quantity of aviation allowances referred to in that paragraph shall be transferred to a special reserve for aircraft operators: (16.12.2011/1319)
(1) which start an aviation activity falling within the scope of the emissions trading after the observation year for which the tonne-kilometre data have been submitted pursuant to Article 7 (2); or
2) whose tonne-kilometre data have an average annual increase of more than 18 % of the annual monitoring year for which tonne-kilometre data has been submitted pursuant to Article 7 (2) and the second calendar year of that period.
The special reserve may only be allocated allowances to an aircraft operator whose operations under paragraph 1 (1) or the additional operations in accordance with paragraph 2 are not wholly or partially continued by another aircraft operator To the operation of the aviation sector. However, the total number of allowances to be issued to one aircraft operator for a specific reserve during the trading period shall not exceed 1 000 000 allowances.
An aircraft operator complying with the conditions set out in paragraphs 1 and 2 may apply for free air traffic allowances for a special reserve from the Transport Safety Agency. The application shall be made no later than 30 June of the third year of the trading period covered by the application. (23.1.2015)
The registration of allowances and the recording of allowances to be allocated to the specific reserve referred to in this Article shall be laid down in a Regulation of the Ministry of Transport and Communications.
Those allowances referred to in Article 6, which are not allocated free of charge, are sold free of charge, and the allowances referred to in Article 16 (3), which cannot be allocated free of charge, are sold at auction. Enter an aircraft operator holding account.
The auction shall be conducted in a transparent, harmonised and non-discriminatory and predictable manner, with uniform conditions for all operators to participate in the auction. The auction shall be conducted in a cost-effective manner and may be carried out using electronic systems.
For the auctioning of aviation allowances, the emissions trading platform shall: (311/2011) Provisions. (16.12.2011/1319)
The aircraft operator shall be obliged to draw up a plan to monitor the emissions and tonne-kilometres of the aircraft it uses, for which information is required for the submission of applications referred to in Article 7 (1) and Article 9 (3); And how it will inform the Transport Safety Agency thereof. The aircraft operator shall submit its plans to the Transport Safety Agency four months before the start of each trading period. The Transport Safety Agency will approve the plan.
The aircraft operator shall be obliged to report on the emissions generated by each aircraft. The report shall be submitted by 31 March of each calendar year at the latest to the Transport Safety Agency, which shall forward it to the European Commission. (23.1.2015)
The aircraft operator shall be responsible for verifying that the report referred to in paragraph 2 has verified the approved verifier referred to in Article 12. Aircraft emissions and tonne-kilometres and the reliability, credibility and accuracy of the monitoring system shall be verified.
The Finnish Transport Safety Agency may order that the aircraft operator shall not continue to transfer allowances if the aircraft operator has not submitted an emission report by 31 March of each year or has not been able to: To verify the satisfaction of the previous year's emissions.
The plan referred to in paragraph 1 and the report referred to in paragraph 2 shall be further specified by a regulation of the Ministry of Transport and Communications.
The Transport Safety Agency may provide more detailed provisions for the preparation and submission of monitoring plans and annual emissions reports and the impact of incorrect monitoring on the assessment of the amount of emissions.
By way of derogation from the annual report provided for in Article 4 (1) and in paragraphs 2 and 4 of this Article, a report on the verified emissions of flights between aerodromes in the countries of the European Economic Area 2013 Shall be submitted by 31 March 2015. (23.1.2015)
If the aircraft operator indicates a zero emission factor for the biofuels used in the aircraft, biofuels shall comply with the Biofuels and Bio (393/2013) And the aircraft operator shall demonstrate this in accordance with that law. Biofuel means biofuel within the meaning of that law.
The aircraft operator shall use the verifier of the tonne-kilometre data referred to in Article 7 (1) and Article 9 (3) and the verification in accordance with Article 11 (2) with a verifier with knowledge of the aviation sector. The Agency shall, in accordance with the verifier, adopt the provisions of Articles 61 and 62 of the Emission Trading Act and withdraw the verifier in accordance with the provisions of Article 64 of that Law. The provisions of Articles 58 and 63 of that law shall apply to the fulfilment of the verification tasks and the obligation of the verifier to inform the verifier of any changes to its activities. (23.1.2015)
The decree of the Ministry of Transport and Communications lays down more precisely the procedure for the approval of the verifier, the assessment of the conditions for approval and the performance of the verification tasks.
The verifier shall draw up an opinion on the report pursuant to Article 11 (2) stating whether the report is satisfactory. The opinion should be made clear from the point of view of verification. The emission report may be considered satisfactory if it has been drawn up in accordance with Article 11 and the verifier does not consider the total emissions to be substantially incorrect.
The Ministerial Decree of the Ministry of Transport and Communications further provides for the verification of the plans referred to in Article 11 (1) and the reports referred to in Article 11 (2).
For the period from 2013 to 2020, the aircraft operator may use certified emission reductions and ERUs from project activities up to a maximum of 1,5 % of the emission allowances to be returned by the aircraft operator In accordance with Article 19.
The aircraft operator may use the remaining project units for the emissions trading period 2012, including in the 2013-2020 emissions trading period, to the extent that the project units have not been used in 2012 to fulfil the obligation laid down in Article 19.
The Transport Safety Agency shall decide on the maximum use of the aircraft operator's project units and shall forward the maximum number of users to the Commission for inspection.
In other respects, the provisions of Chapter 7 of the Emission Trading Act shall apply to project activities.
The aircraft operators referred to in Article 2 (2) shall have a holding account in the register referred to in Article 46 of the Emission Trading Act.
The volume of allowances to be allocated free of charge shall be determined by the Transport Safety Agency for each aircraft operator during that trading period by dividing the total quantity of allowances determined in accordance with Article 6 By the number of years during which the aircraft operator is engaged in aviation activities during the trading period concerned.
By 28 February each year, the Energy Agency shall record the number of allowances to be allocated free of charge to the aircraft operator in the register referred to in Article 15 (15). (23.1.2015)
If an operating permit or licence issued to an aircraft operator is no longer valid, or if the aircraft operator is subject to an operating ban imposed by a decision of the European Commission pursuant to Article 25 (1), or The user ceases to operate an aviation activity falling within the scope of this law, the Energy Agency shall not, after the withdrawal or termination of the operation, record the aviation allowances recorded on an aircraft operator holding account each year. The Agency shall inform the Energy Agency of the cancellations and provisions referred to in this paragraph. (23.1.2015)
The Energy Agency shall record, by 28 February each year, the amount of air traffic allowances calculated on the basis of Article 8 of February, to an aircraft operator who has commenced or starts air transport covered by this law. Or have not previously applied for air traffic emission allowances referred to in Article 6. (23.1.2015)
The aircraft operator whose operation is wholly or partly a continuation of the operation of another aircraft operator shall not be subject to the provisions laid down in paragraph 1.
In the event of a change in the aircraft operator, the new aircraft operator shall notify the Transport Safety Agency and the Energy Agency, which, in accordance with Article 16 (2), shall record the allowances for that year in respect of a new aircraft An allowance holding account in the user's registry.
No later than 30 April each year, each aircraft operator shall return to the register referred to in Article 15 from each aircraft the amount corresponding to the total emissions recorded in the preceding calendar year and verified in accordance with Article 11 Allowances. The time limit for calculating the prescribed timelimit is not applicable (150/1930) Provisions.
The aircraft operator may use certified emission reductions and ERUs from project activities to meet its obligations under paragraph 1.
Emission allowances for aircraft operators, CERs and ERUs shall be deleted in the register for the first commitment period of the Kyoto Protocol only to the extent that these allowances, certified Emissions reductions and emission reduction units are equivalent to those included in Finland's national total emissions.
By way of derogation from the provisions of paragraph 1, the amount of allowances corresponding to the total emissions of flights between aerodromes located in the countries of the European Economic Area for 2013 shall be returned no later than 30 April 2015.
The register referred to in Article 15 shall record emission allowances to the relevant account for the period from 2013 to 2020 and for subsequent trading periods to replace the emission allowances for the previous emissions trading period that have not been used In order to fulfil the obligation to return under Article 19.
The Transport Safety Agency and the Energy Agency shall have the right to have access to controls and the information necessary for the implementation of this law by aircraft operators and by law on public authorities' activities. (18/09/1999) Without prejudice to the obligation of professional secrecy.
The Transport Safety Agency and the Energy Agency shall have the right to check compliance with this law and the provisions adopted pursuant to it, on the premises used for the permanent residence of the aircraft operator. When required, the aircraft operator shall submit to the reporting authority the documents and records contained in its data system for inspection, and access to the equipment and equipment that may have: The importance of monitoring compliance with this law or of the provisions adopted pursuant to it. The audit shall be carried out in compliance with the administrative law (434/2003) Provides. The official of the inspecting officer shall be entitled to receive, free of charge, copies of the documents to be checked and the records of the recordings in the information systems.
The Finnish Transport Safety Agency may impose an obligation on a breach of this law or of the provisions adopted pursuant to it, to rectify or otherwise fulfil its obligations. The obligation may be imposed on a periodic penalty payment or a threat of suspension or failure to act at the expense of a failure to act.
The penalty payment, the threat of suspension and the threat to be made shall apply in the case of the (1113/1990) Provides.
Every deliberate or gross negligence
(1) fails to draw up the monitoring plan referred to in Article 4 or its adoption by the Transport Safety Agency or fails to carry out the verification or verification referred to in Article 4;
(2) inform the Authority of incorrect information;
(3) use the emission reduction or the emission reduction unit in breach of Article 14; or
(4) fails to present the documents and records referred to in Article 21 (2);
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the aviation emission trading offence Fine.
Anyone who breaches a penalty or order under the penalty imposed by this law may not be punished for the same offence.
The Transport Safety Agency shall make public the names of the aircraft operators who have breached the requirements of this law to recover sufficient allowances.
If, by the deadline referred to in Article 19, the aircraft operator returns the corresponding amount of allowances in the preceding year, the Traffic Safety Agency shall provide the aircraft operator to pay the Exceedance charge for allowances. The fee shall be EUR 100 per tonne of CO2 equivalent, for which the aircraft operator has not surrendered allowances. The overcharge shall be increased in accordance with the European Harmonised Index of Consumer Prices. The provisions of Article 69 of the Emission Trading Act shall apply to the implementation of the above fee. (23.1.2015)
In addition to the payment of the excess emissions premium referred to in paragraph 2 above, the aircraft operator shall return the number of allowances corresponding to the missing allowances when returning allowances for the following calendar year.
If the aircraft operator fails to comply with the requirements of this law and if compliance with the requirements has not been ensured by the measures referred to in Articles 22 to 24, the Transport Safety Agency may request the European Commission to decide on the The imposition of an operating ban on the aircraft operator. The Transport Safety Agency shall attach the following information to the request:
(1) evidence that the aircraft operator has failed to fulfil its obligations under this law;
(2) details of the control measures it has undertaken;
3) a justification for the imposition of an eea-wide operating ban; and
4) a proposal for the scope of the European Economic Area-wide ban and, where appropriate, the conditions applicable to it.
The Transport Safety Agency shall be responsible for the entry into force of the European Commission decision in Finland.
The Transport Safety Agency and the Energy Agency shall have the right to charge a fee for authorisation, notification, approval or any other case under this law. In addition, the Energy Agency has the right to charge fees for the maintenance of the accounts of the register.
The fees and charges levied by the Traffic Safety Agency referred to in paragraph 1 shall be further regulated by a Regulation of the Ministry of Transport and Communications and of the services of the Energy Agency By means of a regulation of the Ministry of Employment and the Economy, in accordance with the State contribution law (150/1992) Provides.
The opinion of the verifier may be required by the verifier as provided for in the Administrative Act.
The decision of the Transport Safety Agency and the Energy Agency, as well as the decision on the request for correction, may be appealed to the Administrative Court, as in the case of administrative law (18/06/1996) Provides.
In the case referred to in Articles 22 and 24, the decision on the withdrawal of approval of the verifier in the case referred to in Articles 22 and 24 shall be subject to appeal as provided for by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.
The decisions of the Energy Agency and the Transport Safety Agency shall be followed in spite of the appeal, unless otherwise specified by the appeal authority.
An appeal shall be made for the payment of a fee to be imposed by the Energy Agency and the Traffic Safety Agency, as provided for by the State payment law.
§ 28 has been repealed by L 23.1.2011. .
This Act shall enter into force on 1 February 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 209/2009 , LiVM 29/2009, EV 245/2009, Directive 2008 /101/EC of the European Parliament and of the Council, OJ L 8, 13.1.2009, p. 3This Act shall enter into force on 1 January 2012.
THEY 82/2011 , LiVM 12/2011, EV 65/2011
This Act shall enter into force on 1 July 2013.
The aircraft operator may demonstrate, before 1 January 2014, compliance with the sustainability criteria for biofuels used in the aircraft by complying with the conditions referred to in Article 12 of the Biofuels and Bio-Barriers Act Requirements.
THEY 13/2013 , OJ 12/2013, YmVL 8/2013, TaVM 9/2013, EV 58/2013, Directive 2009 /28/EC of the European Parliament and of the Council
This Act shall enter into force on 1 March 2015. Article 2 (5) is valid until the end of 2016.
However, Article 2 (5) of the Act would apply to emissions obligations already incurred in 2013.
In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.
THEY 238/2014 , TaVM 22/2014, EV 216/2014
