# Commission Decision of 16 April 2009 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for emissions and tonne-kilometre data from aviation activities (notified under document number C(2009) 2887) (Text with EEA relevance) (2009/339/EC), Division C: The following Annex XV is added:

Extent: E+W+S+N.I.

ANNEX XV
Activity specific guidelines for determination of tonne-kilometre data from aviation activities for the purpose of an application under Articles 3e or 3f of Directive 2003/87/EC
1.
INTRODUCTION
This Annex contains the general guidelines for the monitoring, reporting and verification of tonne-kilometre data for the aviation activities listed in Annex I to Directive 2003/87/EC.
Annex I shall apply to the monitoring, reporting and verification of tonne-kilometre data as appropriate. For this purpose, the references to emissions shall be interpreted as references to tonne-kilometre data. Sections 4.1, 4.2, 5.1, 5.3 to 5.7, 6 to 7 and 11 to 16 of Annex I are not applicable to tonne-kilometre data.
2.
BOUNDARIES AND COMPLETENESS
The activity-specific guidelines of this Annex shall be used to monitor and report tonne-kilometre data from aviation activities as included in Annex I to Directive 2003/87/EC. All flights covered by Annex I of that Directive performed by an aircraft operator during the reporting period shall be included.
For the purpose of identifying the unique aircraft operator as defined by Article 3(o) of Directive 2003/87/EC responsible for a flight, the call sign used for Air Traffic Control (ATC) purposes shall be used. The call sign is the ICAO designator in box 7 of the flight plan or, if not available, the registration marking of the aircraft. If the identity of the aircraft operator is not known, the owner of the aircraft shall be regarded as the aircraft operator unless it proves which other person was the aircraft operator.
3.
THE MONITORING PLAN
Pursuant to Article 3g of Directive 2003/87/EC aircraft operators shall submit a monitoring plan setting out measures to monitor and report tonne-kilometre data.
Aircraft operators shall submit their monitoring plan to the competent authority at least four months prior to the start of the first reporting period for approval.
The aircraft operator shall define in the monitoring plan which monitoring methodology is used for each aircraft type. In case the aircraft operator intends to use leased-in or other aircraft types which are not yet included in the monitoring plan at the time of submission to the competent authority, the aircraft operator shall include in the monitoring plan a description of the procedure to be used for defining the monitoring methodology for these additional aircraft types. The aircraft operator shall ensure that the monitoring methodology, once it has been chosen, is consistently applied.
By way of derogation from Section 4.3 of Annex I, the monitoring plan shall contain the following information:
(1) identification of the aircraft operator, call sign or other unique designators used for air traffic control purposes, contact details of the aircraft operator and of a responsible person at the aircraft operator, contact address;
(2) identification of the version of the monitoring plan;
(3) an initial list of aircraft types in its fleet operated at the time of submission of the monitoring plan and the number of aircraft per type, and an indicative list of additional aircraft types expected to be used including, where available, an estimated number of aircraft per type;
(4) a description of procedures, systems and responsibilities used to track the completeness of the list of aircraft employed over the monitoring year, i.e. ensuring the completeness of monitoring and reporting of the tonne-kilometre data of owned aircraft as well as leased-in aircraft;
(5) a description of the procedures used to monitor the completeness of the list of flights operated under the unique designator by aerodrome pair, and the procedures used for determining whether flights are covered by Annex I of Directive 2003/87/EC, ensuring completeness and avoiding double-counting;
(6) a description of data acquisition and handling activities and control activities in accordance with section 10.3 of Annex I;
(7) information on relevant links with activities undertaken under a quality management system, in particular on procedures and controls with relevance to tonne-kilometre data monitoring and reporting, if applicable;
(8) a description of the methods for determining tonne-kilometre data per flight, including
(a) the procedures, responsibilities, data sources and calculation formulae for determination and recording of the distance per aerodrome pair;
(b) whether a standard mass of 100 kg per passenger (tier 1) is used or the passenger mass from the mass and balance documentation (tier 2). In the case of tier 2, a description of the procedure for obtaining passenger mass is to be provided;
(c) a description of the procedures used to determine the mass of freight and mail;
(d) a description of the measurement devices used for measuring mass of passengers, freight and mail as applicable.
The competent authority may require the aircraft operator to use an electronic template for submission of the monitoring plan. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input.
4.
METHODOLOGIES FOR CALCULATING TONNE-KILOMETRE DATA
4.1.
CALCULATION FORMULA
Aircraft operators shall monitor and report tonne-kilometre data using a calculation-based methodology. Calculation of tonne-kilometre data shall be based on the following formula:
tonne kilometres (t km) = distance (km) * payload (t)
4.2.
DISTANCE
Distance shall be calculated using the formula:
Distance [km] = Great Circle Distance [km] + 95 km
The Great Circle Distance is defined as the shortest distance between any two points on the surface of the Earth, which shall be approximated using the system referred to in Article 3.7.1.1 of Annex 15 to the Chicago Convention (WGS 84).
The latitude and longitude of aerodromes shall be taken either from aerodrome location data published in Aeronautical Information Publications (hereinafter AIP) in compliance to Annex 15 of the Chicago Convention or from a source using such AIP data.
Distances calculated by software or by a third party may also be used, provided that the calculation methodology is based on the above formula and AIP data.
4.3.
PAYLOAD
Payload shall be calculated using the following formula:
Payload (t) = mass of freight and mail (t) + mass of passengers and checked baggage (t)
4.3.1.
MASS OF FREIGHT AND MAIL
Actual or standard mass contained in the mass and balance documentation for the relevant flights shall be used for calculating payload. Aircraft operators which are not required to have a mass and balance documentation shall propose a suitable methodology for determining mass of freight and mail in the monitoring plan for approval by the competent authority.
The actual freight and mail mass shall exclude the tare weight of all pallets and containers that are not payload, and the service weight.
4.3.2.
MASS OF PASSENGERS AND CHECKED BAGGAGE
Aircraft operators may apply one of two different tiers to determine the mass of passengers. The aircraft operator may select as a minimum the Tier 1 level to determine the mass of passengers and checked baggage. Within the same trading period the chosen tier shall be applied to all flights.
Tier 1
A default value of 100 kg for each passenger and their checked baggage is used.
Tier 2
The mass for passengers and checked baggage contained in the mass and balance documentation for each flight is used.
5.
UNCERTAINTY ASSESSMENT
The aircraft operator shall have an understanding of the main sources of uncertainty when calculating tonne-kilometre data. A detailed uncertainty analysis as set out in Section 7 of Annex I is not required for the methodology of tonne-kilometre data determination.
The aircraft operator shall carry out regularly suitable control activities as set out by section 10.2 and 10.3 of Annex I, and take immediately corrective action in accordance with section 10.3.5 if irregularities are observed.
6.
REPORTING
Reporting of tonne-kilometre data is required for the purpose of applications pursuant to Articles 3e and 3f of Directive 2003/87/EC in respect of the monitoring years specified therein only.
Aircraft operators shall use the format set out in section 7 below for reporting their tonne-kilometre data. The competent authority may require the aircraft operator to use an electronic template for submission of the tonne-kilometre data report. The Commission may publish a standardised electronic template or file format specification. In this case the competent authority shall accept the use by the aircraft operator of this template or specification, unless the competent authority’s template requires at least the same data input.
Tonne-kilometres shall be reported as rounded values of [t km]. All data per flight shall be used with all significant digits for calculation.
7.
CONTENT OF THE REPORT ON TONNE-KILOMETRE DATA
Each aircraft operator shall include the following information in its report on tonne-kilometre data:
(1) data identifying the aircraft operator as set out by Annex IV of Directive 2003/87/EC, and the call sign or other unique designator used for air traffic control purposes, as well as relevant contact details;
(2) name and address of the verifier of the report;
(3) the reporting year;
(4) reference to and version number of the relevant approved monitoring plan;
(5) relevant changes in the operations and deviations from the approved monitoring plan during the reporting period;
(6) the aircraft registration numbers and types of aircraft used in the period covered by the report to perform the aviation activities covered by Annex I of Directive 2003/87/EC carried out by the aircraft operator;
(7) chosen method for calculation of mass for passengers and checked baggage, as well as for freight and mail;
(8) total number of passenger kilometres and tonne-kilometres for all flights performed during the year to which the report relates falling within the aviation activities listed in Annex I;
(9) for each aerodrome pair: ICAO designator of the two aerodromes, distance (= great circle distance + 95 km) in km, total number of flights per aerodrome pair in the reporting period, total mass of passengers and checked baggage (tonnes) during the reporting period per aerodrome pair, total number of passengers during the reporting period, total number of passenger * kilometres per aerodrome pair, total mass of freight and mail (tonnes) during the reporting period per aerodrome pair, total tonne-kilometres per aerodrome pair (t km).
8.
VERIFICATION
In addition to the verification requirements set out in Section 10.4 of Annex I, the following shall be taken into account by the verifier:
completeness of flight and tonne-kilometre data compared to air traffic data such as collected by Eurocontrol to ascertain that only eligible flights have been taken into account in the operators report,
consistency between reported data and mass and balance documentation,
For tonne-kilometre data, the materiality level shall be 5 %.

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Source: https://www.legislation.gov.uk/eudn/2009/339/annex/division/C (the official version)
Page: https://openlegislation.uk/eu-decision-2009-339/annex/division-C
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.