Explications (en)

Reference / document no. : L043-1928

aircraft operator is required to explain how the monitoring plan will be applied to the additional Swiss flight operations.

The short period between the entry into force of the Ordinance and the cut-off date for submitting monitoring plans is considered to be sufficient, since aircraft operators will be informed accordingly before the Ordinance enters into force. In addition, many aircraft operators can make use of

monitoring plans already prepared within the scope of the EU emissions trading scheme.

The FOCA is responsible for examining and approving monitoring plans. If a monitoring plan cannot be approved, the aircraft operator concerned is required to submit a modified version within a deadline specified by the FOCA.

Articles 6 to 8:

The tonne-kilometre data have to be collected in the 2013 calendar year on the basis of the approved monitoring plan, and included in a monitoring report.

The monitoring report then has to be verified by a specialised bureau that is able to demonstrate that it has the required competence to verify tonne-kilometre data in the civil aviation sector. The task will be performed by verifiers that have been accredited within the framework of the EU emissions trading

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scheme. Accreditation is also possible for Swiss entities.

Verified monitoring reports have to be approved by the FOCA.

Article 9:

Monitoring reports and the data contained therein will be archived by the FOCA until they are required for use in connection with a measure aimed at limiting CO2 emissions from civil aviation. The FOCA will treat the data as confidential and guarantee their safekeeping. If they are required to implement measures to limit greenhouse gas emissions from the civil aviation sector, the FOCA may pass the data on to the Federal Office for the Environment at its specific request. For the further processing of the data, the required legal provisions will be issued at the same time as the ratification of a future emissions trading scheme agreement.

Article 10:

If an aircraft operator fails to submit a monitoring plan and/or monitoring report, or fails to collect the required data or wilfully collects the data incorrectly, a fine of up to 20,000 Swiss francs may be

13 imposed. For serious violations, this fine may be increased to a maximum of 40,000 Swiss francs. In such cases, it will not be possible to calculate an individual limitation target within the scope of a future measure, or in the case of inclusion in the emissions trading scheme, an allocation free of charge based on the tonne-kilometre data submitted by the company. This means that a limitation target would have to be specified or the allocation would have to be made on the basis of a conservative estimate by the FOCA.

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Legal bases for accreditation:

Ordinance of 17 June 1996 on the Swiss Accreditation System and the Designation of Testing,

Conformity Certification, Registration and Approval Bodies (Accreditation and Designation Ordinance, SR 946.512);

Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008

setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. OJ L 218 of 13.08.2008, p. 30.

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Article 91, paragraph 1 i in conjunction with paragraph 3, Civil Aviation Act, SR 748.0.