The Emissions Trading System (ETS) Directive was revised in 2009 such as to include emissions from the aviation sector in the ETS as of 1 January 2012. This means that aircraft operators operating in the EU (i.e. flights between EU Member States, EFTA States and Croatia - hereafter referred to as the EU - and flights to and from the EU) would have to surrender emission allowances for their related 2012 emissions by 30 April 2013.
In order to support progress towards a global market based mechanism to reduce emissions in the aviation sector within the framework of the International Civil Aviation Organisation, the EU in November 2012 decided to postpone the inclusion in the ETS of flights to and from the EU by one year. Flights between EU Member States, the EFTA States and Croatia would nevertheless remain included in the ETS.
The decision to postpone the inclusion of international flights was adopted on 24 April, just before the deadline under the ETS Directive for aircraft operators to surrender emission allowances for their 2012 emissions. For this derogation to also apply in the EEA EFTA States, this decision had to be incorporated into the EEA Agreement by 30 April 2013.
Consequently, the EEA Joint Committee agreed to incorporate the derogation into the EEA Agreement by written procedure on 30 April, with its Decision entering into force the same day.
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