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Article 12
Transfer, surrender and cancellation of allowances
1.
Member States shall ensure that allowances can be transferred between:
(a)
persons within the ?M9 Union ? ;
(b)
persons within the ?M9 Union ? and persons in third countries, where such allowances are recognised in accordance with the procedure referred to in Article 25 without restrictions other than those contained in, or adopted pursuant to, this Directive.
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1a.
The Commission shall, by 31 December 2010, examine whether the market for emissions allowances is sufficiently protected from insider dealing or market manipulation and, if appropriate, shall bring forward proposals to ensure such protection. The relevant provisions of Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) ( 10 ) may be used with any appropriate adjustments needed to apply them to trade in commodities. ¡¿B
2.
Member States shall ensure that allowances issued by a competent authority of another Member State are recognised for the purpose ?M2 of meeting an aircraft operator’s obligations under paragraph 2a or ? of meeting an operator's obligations under paragraph 3. ¡¿M2
2a.
Administering Member States shall ensure that, by 30 April each year, each aircraft operator surrenders a number of allowances equal to the total emissions during the preceding calendar year from aviation activities listed in Annex I for which it is the aircraft operator, as verified in accordance with Article 15. Member States shall ensure that allowances surrendered in accordance with this paragraph are subsequently cancelled.
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3.
For the period until 31 December 2020, Member States shall ensure that, by 30 April each year, the operator of each installation surrenders a number of allowances, other than allowances issued under Chapter II, that is equal to the total emissions from that installation during the preceding calendar year as verified in accordance with Article 15, and that those allowances are subsequently cancelled. For the period starting from 1 January 2021, Member States shall ensure that, by 30 April each year, the operator of each installation surrenders a number of allowances, that is equal to the total emissions from that installation during the preceding calendar year as verified in accordance with Article 15, and that those allowances are subsequently cancelled, subject to the review referred to in Article 28b.
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3-a.
Where necessary, and for as long as is necessary, in order to protect the environmental integrity of the EU ETS, aircraft operators and other operators in the EU ETS shall be prohibited from using allowances that are issued by a Member State in respect of which there are obligations lapsing for aircraft operators and other operators. The legal act referred to in Article 19 shall include the measures necessary in the cases referred to in this paragraph.
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3a.
An obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide ( 11 ). ¡¿B
4.
Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. ?M9 In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). ? ¡¿M4
5.
Paragraphs 1 and 2 apply without prejudice to Article 10c.
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6.
By 30 November 2022, Member States shall notify aircraft operators that, in respect of the year 2021, their offsetting requirements within the meaning of paragraph 3.2.1 of ICAO’s International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA SARPs) amount to zero. Member States shall notify aircraft operators that fulfil the following conditions:
(a)
the aircraft operators hold an air operator certificate issued by a Member State or are registered in a Member State, including in the outermost regions, dependencies and territories of that Member State; and
(b)
they produce annual CO2 emissions greater than 10 000 tonnes from the use of aeroplanes with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) of Commission Delegated Regulation (EU) 2019/1603 ( 12 ), other than those departing and arriving in the same Member State, including the outermost regions of that Member State, from 1 January 2021.
For the purposes of the first subparagraph, point (b), CO2 emissions from the following types of flights shall not be taken into account:
(vi)
flights preceding or following a humanitarian, medical or firefighting flight, provided that such flights were conducted with the same aircraft and were required to accomplish the related humanitarian, medical or firefighting activities or to reposition the aircraft after those activities for its next activity.
7.
Pending a legislative act amending this Directive as regards the contribution of aviation to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure, and in the event that the period for the transposition of such a legislative act has not expired by 30 November 2023, and the Sector Growth Factor (SGF) for 2022 emissions, to be published by ICAO, equals zero, Member States shall, by 30 November 2023, notify aircraft operators that, in respect of the year 2022, their offsetting requirements within the meaning of paragraph 3.2.1 of ICAO’s CORSIA SARPs amount to zero.
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