Commission Implementing Regulation (EU) 2024/622 of 22 February 2024 on the list of States which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC of the European Parliament and of the Council for emissions in 2023

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC⁽¹⁾, and in particular Article 25a(3) thereof,

Whereas:

1. Aviation activities are included in the system for greenhouse gas emission allowance trading within the Union (‘EU ETS’) established by Directive 2003/87/EC.

2. Directive (EU) 2023/958 of the European Parliament and of the Council⁽²⁾ amended Directive 2003/87/EC so as to appropriately implement the International Civil Aviation Organization’s (‘ICAO’) Carbon Offsetting and Reduction Scheme for International Aviation (‘CORSIA’).

3. Pursuant to Article 25a(3) of Directive 2003/87/EC the Commission is to adopt a list of States, other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC, with a baseline of 2019 for 2021 to 2023. The European Parliament and the Council excluded EEA countries, Switzerland and the United Kingdom from such a list of States because the routes between those countries fall within the scope of the respective emissions trading systems.

4. In respect of 2023, the inclusion of a State in the list of States considered to be applying CORSIA for the purposes of Directive 2003/87/EC is based upon the notification by the State of an intention to apply CORSIA for emissions in 2023, such notification being made to the ICAO Secretariat. The ICAO Secretariat publishes an annual list of States that have made such notification. To reflect the changes in these annually published lists, the Commission is to adopt each year a list of States, other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC.

5. The list of States considered to be applying CORSIA published by the ICAO Secretariat for 2023 includes San Marino and Monaco. However, San Marino and Monaco should not be included in the Annex to this Regulation as they have no airport and no flights were taking place in 2023 involving routes to which CORSIA is being applied for the purposes of Directive 2003/87/EC.

6. The list of States in the Annex is to be used by aircraft operators when reporting emissions for 2023. In order to ensure the timely application of this list before the deadline of reporting those emissions, entry into force of this Regulation should be on the third day following that of its publication.

7. The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

HAS ADOPTED THIS REGULATION: