Explications (en)

Reference / document no. : L043-1928

4. Explanations of the individual Articles of the Ordinance

Article 1:

As noted in 2.1, the Ordinance calls for aircraft operators to record tonne-kilometre data so that the necessary data can be obtained for specifying CO2 limitation targets for aircraft operators. The

purpose of the acquisition of data in 2013 is to prepare for the implementation of a future bilateral agreement with the EU concerning the linking of the two emissions trading schemes and for the regulation of civil aviation emissions with effect from 2014.

Article 2:

Tonne-kilometre data have to be recorded for all flights that take off from or land at Swiss airports.

The Ordinance also applies to flights that take off from or land at Basel-Mulhouse Airport if they are classified as Swiss flights in accordance with the treaty between Switzerland and France dated 4 July

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1949 on the construction and operation of Basel-Mulhouse Airport in Blotzheim.

For administrative reasons, and in view of their low share of CO2 emissions from civil aviation

operations, certain categories of flights are exempted from the data acquisition requirement. These

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exceptions correspond to those specified in the EU emissions trading scheme. A de minimis

threshold for commercial aircraft operators as provided in the EU emissions trading scheme cannot be applied to the acquisition of tonne-kilometre data. In view of the planned linking of emissions trading schemes, the threshold would have to apply to all flights to and from the EU/EEA and Switzerland, and thus could not be independently monitored by the Swiss authorities before the entry into force of a bilateral agreement, since this would require cooperation with the European authorities. The intended waiver of a de minimis data acquisition threshold on practical grounds does not have a prejudicial effect on the later introduction of this threshold in the event of the integration of civil aviation into emissions trading.

Article 3:

In order to ensure the greatest possible degree of coherence between the two schemes in the event that the Swiss and EU emissions trading schemes should be linked, the definition of aircraft operator

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in the Ordinance is identical to that contained in the relevant EU Directive. The term aircraft is

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defined in greater detail in the Annex to the Civil Aviation Ordinance. This definition also specifically includes helicopters.

Articles 4 and 5:

In accordance with the procedure specified in the EU emissions trading scheme, before data

acquisition is initiated all aircraft operators are required to draw up a monitoring plan which describes how the data are to be collected and which method is to be used for calculating tonne-kilometres. For this purpose the model monitoring plan (Excel template) provided by the EU Commission can be used as the basis. Monitoring plans have to be submitted to the FOCA for approval. Aircraft operators who already possess an approved monitoring plan within the scope of the EU emissions trading scheme may use this as the basis. In this case, both the monitoring plan and the corresponding approval granted for the EU emissions trading scheme have to be submitted to the FOCA. In addition, the

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⁹ Annex I to Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission trading within the Community, OJ L 8 of 13.1.2009, p. 3.

¹⁰ Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008

amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission trading within the Community. OJ L 8 of 13.1. 2009, p. 3.

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Civil Aviation Ordinance of 14 November 1973 (SR 748.01).