11.2.2012 Official Journal of the European Union L 391 (Non-legislative acts) II REGULATIONS COMMISSION REGULATION (EU) No 100/2012 of 3 February 2012 amending Regulation (EC) No 748/2009 on the list of aircraft operators that performed an aviation activity listed in Annex I to Directive 2003/87/EC of the European Parliament and of the Council on or after 1 January 2006 specifying the administering Member State for each aircraft operator also taking into consideration the expansion of the Union emission trading scheme to EEA-EFTA countries (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC ('), and in particular Article 18a(3)(b) thereof, Whereas: 1 Directive 2008/101/EC of the European Parliament and of the Council (%) amended Directive 2003/87/EC to include aviation activities in the scheme for greenhouse gas emission allowance trading within the European Union. Commission Regulation (EC) No 748/2009 (?) establishes a list of aircraft operators which had performed an aviation activity within the meaning of Annex I to Directive 2003/87/EC on or after 1 January 2006. The list aims to reduce the administrative burden on aircraft operators by providing information on which Member State will be regulating a particular aircraft operator. The inclusion in the Union’s emissions trading scheme is dependent upon the performance of an aviation activity as set out in Annex I to Directive 2003/87/EC and is not 275, 25.10.2003, p. 32. 0] L 0J L 8, 13.1.2009, p. 3. 0J L 219, 22.8.2009, p. 1. dependent on the inclusion in the list of aircraft operators established by the Commission on the basis of Article 18a (3) of that Directive. Directive 2008/101/EC was incorporated into the Agreement on the European Economic Area by Decision of the EEA Joint Committee No 6/2011 of 1 April 2011, amending Annex XX (Environment) to the EEA Agreement (*). The extension of the aviation provisions of the Union emission trading scheme to EEA-EFTA countries implies that the criteria set under Article 18a (1) of Directive 2003/87[EC to determine aircraft operator’s adminis- tering Member State must be continuously taken into account, thus, certain aircraft operators should be allocated to the EEA-EFTA countries for administration. In establishing the updated list of the aircraft operators, the Commission has taken account of the fleet list declar- ations provided to it by operators and service companies. However, a number of management or service companies and aircraft registration markings appear in the updated list due to a lack of information provided. Regulation (EC) No 748/2009 should therefore be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 The Annex to Regulation (EC) No. 748/2009 is replaced by the Annex to this Regulation. (*) OJ L 93, 7.4.2011, p. 35.