S.L. 643.3 Art. 12Monitoring of annual emissions.

(1) An aircraft operator shall submit to the Authority a monitoring plan setting out measures to monitor and report emissions of greenhouse gases specified in respect of aviation activities in Schedule 1 and, or Schedule 1A. A monitoring plan shall be submitted by an aircraft operator to the Authority as soon as practicable before the aircraft operator commences aviation activities listed in Schedule 1 and, or, Schedule 1A:

Provided that where an aircraft operator performs an aviation activity listed in Schedule 1 and, or, Schedule 1A for the first time that could not be foreseen before the activity has taken place, a monitoring plan shall be submitted to the Authority without undue delay after the performance of the said activity or within a time-frame as may be agreed upon between the aircraft operator and the Authority:

Provided further that where an aircraft operator for whom Malta is designated as the administering Member State in accordance with regulation 3, after it performs an aviation activity listed in Schedule 1 and, or Schedule 1A for the first time, a monitoring plan shall be submitted to the Authority without undue delay after Malta is designated as the administering Member State for that aircraft operator or within a time-frame as may be agreed upon between the aircraft operator and the Authority.

(2) The monitoring plan shall be in accordance with:

(a) the principles set out in Schedule 3;

(b) relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC; and

(c) any other requirements made by the Authority in respect of monitoring and reporting of emissions of greenhouse gases from aviation activities.

(3) The monitoring plan submitted by an aircraft operator in accordance with sub-regulation (1) shall be approved by the Authority, if it is satisfied that the plan is in accordance with the requirements set out under this regulation. The Authority may request from the aircraft operator any additional information it deems appropriate for the approval of the plan.

(4) An aircraft operator shall notify the Authority of any deviations from the monitoring plan that may occur at any time after the approval of the plan by the Authority:

Provided that the Authority shall be notified of any deviation from the plan:

(a) as soon as practicable before the deviation occurs, if the deviation is known to the aircraft operator or is made known to the operator prior to its occurrence; or

(b) immediately after the deviation occurs if the occurrence of the deviation is not known to the aircraft operator or is not made known to the aircraft operator before, or at the time of its occurrence.

Provided further that an aircraft operator shall maintain a documented record, which shall include information in accordance with requirements that may be established by the Authority, of any deviations that occur during a monitoring year and shall submit such record to the Authority together with the annual emissions report submitted pursuant to this regulation.

(5) An aircraft operator may at any time after the approval of the monitoring plan submit to the Authority the proposed modifications that have to be made to the plan in accordance with the relevant decisions and regulations adopted by the Commission in accordance with Directive 2003/87/EC. The aircraft operator shall keep a documented record of all modifications to the monitoring plan:

Provided that the proposed significant modifications to an approved plan shall not be valid without the approval of the Authority.

(6) Where it deems appropriate, the Authority may request the submission of a revised plan.

(7) An aircraft operator shall regularly check if the approved monitoring plan reflects the nature and function of the aircraft operator and shall submit to the Authority proposed modifications that have to be made to the plan, as may be necessary.

(8) An aircraft operator shall monitor emissions from aircrafts which it operates that perform aviation activities listed in Schedule 1 and, or Schedule 1A, during each monitoring year.

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(9) From 1 January 2025, an aircraft operator shall monitor non-CO effects from each aircraft that it operates during each 2 calendar year in accordance with relevant decisions and regulations as adopted by the Commission in accordance with Directive 2003/87/EC.

(10) Without prejudice to sub-regulation (4), an aircraft operator shall monitor annual emissions in accordance with the monitoring plan approved by the Authority in accordance with this regulation. The Authority may take any action it deems necessary in accordance with these regulations to ensure that an aircraft operator is monitoring and reporting annual emissions in accordance with the approved monitoring plan.