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Requirement · AVI-03

Aircraft operators temporarily face surrender obligations on nearly all non-EEA international flights during 2027-2028 (with a small-emitter carve-out below 10,000 tonnes/year), before scope narrows from 2029-2032 to only long-haul flights over 5,000 km from Frankfurt.

Aircraft operators flying to/from non-EEA states must comply, and this is not law yet.

Why it matters

This is a Commission proposal: it is not law yet, and it can change before it is.

  • It is Art. 1(31)(a)(II), inserting point (d) in Art. 28a(1) of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
  • The act gives its timing as: 1 January 2027 to 31 December 2028, then narrowed 2029-2032. as of 2026-08-14
  • It names one industry by name: Aviation. as of 2026-08-14
  • Compliance is checked by accredited third party, annual. as of 2026-08-14
Addressee Aircraft operators flying to/from non-EEA statesAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(31)(a)(II), inserting point (d) in Art. 28a(1) of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor
Trigger

flights to/from aerodromes outside the EEA (excluding UK, Switzerland, Gibraltar), other than small operators below 10,000 tonnes annual emissions

Obligation

Aircraft operators temporarily face surrender obligations on nearly all non-EEA international flights during 2027-2028 (with a small-emitter carve-out below 10,000 tonnes/year), before scope narrows from 2029-2032 to only long-haul flights over 5,000 km from Frankfurt.

Who is affected

Addressee
Aircraft operators flying to/from non-EEA states
Class
Businesses
Sectors
Names Aviation
Applies
1 January 2027 to 31 December 2028, then narrowed 2029-2032

Burden drivers

D6 · D7 · D5 — 3 of 7 marks fire on this provision.

Source text

Verbatim

all emissions from flights to and from aerodromes located in States outside the EEA, with the exception of flights to aerodromes located in the United Kingdom or Switzerland and to and from Gibraltar, in each calendar year from 1 January 2027 to 31 December 2028, except for aircraft operators operating flights between two different States with total annual emissions lower than 10 000 tonnes calculated in accordance with Annex I, for whom in each calendar year from 1 January 2027 to 31 December [2027/ the year before the entry into force of this Directive]

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