S.L. 643.3 Art. 24ADerogations.

(1) By way of derogation from regulations 12, 13, 14, 15

and 16, the Authority shall consider the requirements set out in those provisions to be satisfied and shall take no action against an aircraft operator where that aircraft operator performs an aviation activity listed in Schedule 1 in respect of:

(a) all emissions from flights to and from aerodromes located in countries outside the European Economic Area in each calendar year from 1st January 2013 to 31st December 2023;

(b) all emissions from flights between an aerodrome located in an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union and an aerodrome located in another region of the European Economic Area in each calendar year from 1st January, 2013 to 31st December, 2023;

(c) all emissions from flights to and from aerodromes located in countries outside the European Economic Area, with the exception of flights to aerodromes located in the United Kingdom or Switzerland, in each calendar year from 1st January 2021 to 31st December 2026;

(d) all emissions from flights between an aerodrome located in an outermost region within the meaning of Article 349 Treaty on the Functioning of the European Union and an aerodrome located in another region of the European Economic Area in each calendar year from 1st January 2013 to 31st December 2023; and

(e) emissions released until 31st December 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State, including another aerodrome located in the same outermost region or in another outermost region of the same Member State.

(2) For the purposes of regulations 12, 13, 14, 15, 16 and 17, the verified emissions from flights other than those referred to in sub-regulation (1) shall be considered to be the verified emissions of the aircraft operator.

(3) By way of derogation from sub-regulation (1), an aircraft operator performing an aviation activity listed in Schedule 1, benefitting from the derogations provided for in paragraphs (a) to (e) of sub-regulation (1), shall be issued a number of free allowances reduced in proportion to the reduction of the surrender obligation provided for in those paragraphs. (4) Deleted by Legal Notice 267 of 2019.

(5) By way of derogation from sub-regulation (1), aircraft operators shall not be required to submit monitoring plans setting out measures to monitor and report emissions in respect of flights which are subject to the derogations provided for in paragraphs (a) to (e) of sub-regulation (1).

(6) By way of derogation from regulations 12, 13 and 14, where an aircraft operator has total annual emissions from aviation activities listed in Schedule 1 lower than twenty five thousand (25,000) tonnes of carbon dioxide, its emissions shall be considered to be verified emissions if determined using a tool approved in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and populated by Eurocontrol with Eurocontrol data.

(7) By way of derogation from regulations 12, 13 and 14, where an aircraft operator has total annual emissions from flights other than those referred to in sub-regulation (1) lower than three thousand (3,000) tonnes of carbon dioxide, its emissions shall be considered to be verified if determined using a tool approved in accordance with relevant decisions and regulations adopted by the Commission pursuant to Directive 2003/87/EC and populated by Eurocontrol with Eurocontrol data.

(8) From 1st January, 2021, the number of allowances allocated to an aircraft operator in accordance with regulation 4 or regulation 5 shall, each year, decrease by a linear factor of 2.2%.

(9) By way of derogation from regulation 4(1) and regulation 5(1), regulations 4 and 5 shall not be applicable for the period beginning 1st January, 2021.