Activities of Mireille D'ORNANO related to 2017/0017(COD)
Plenary speeches (1)
EU Emissions Trading System (EU ETS): continuing current limitations of scope for aviation activities and preparing to implement a global market-based measure from 2021 (debate) FR
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Directive 2003/87/EC to continue current limitations of scope for aviation activities and to prepare to implement a global market-based measure from 2021 PDF (818 KB) DOC (131 KB)
Amendments (34)
Amendment 25 #
Proposal for a regulation
Recital 1
Recital 1
(1) At the 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (UNFCCC) which took place in Paris from 30 November to 12 December 2015, an international agreement was adopted to strengthen the global response to climate change. The Paris Agreement, inter alia, sets out a long-term goal in line with the objective to keep the global temperature increase well below 2°C above pre- industrial levels and to pursue efforts to keep it to 1,5°C above pre-industrial levels. The Paris Agreement was approved on behalf of the Union by Council Decision (EU) 2016/1841. All the Member States have ratified it except the Netherlands, the Czech Republic and Romania. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, the States parties will prepare, communicate and maintain successive nationally determined contributions. The withdrawal of the United States from the Paris Agreement, announced on 1 June 2017, accompanied by its desire to reopen the negotiations, demonstrates the urgent need for action under the auspices of ICAO, an organisation to which the USA will continue to belong.
Amendment 26 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) In terms of greenhouse gas emissions, all the impacts of aviation must be taken into account. However, aviation is responsible for only 5 to 10% of all global greenhouse gas emissions, even though the use of this mode of transport is increasing.
Amendment 27 #
Proposal for a regulation
Recital 2
Recital 2
(2) The environmental objectives of the Union as referred to in Article 191 of the Treaty, are preserving, protecting and improving the quality of the environment; protecting human health; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. Article 11 of the Treaty on the Functioning of the European Union stipulates that environmental protection requirements must be integrated into the definition and implementation of the Union's policies and activities, in particular with a view to promoting sustainable development.
Amendment 28 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Declaration No 14 concerning the common foreign and security policy, annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon, signed on 13 December 2007, states that the provisions covering the Common Foreign and Security Policy including in relation to the High Representative of the Union for Foreign Affairs and Security Policy will not affect the existing legal basis or the responsibilities and powers of each Member State in relation to its participation in international organisations.
Amendment 29 #
Proposal for a regulation
Recital 3
Recital 3
(3) A binding target of at least a 40% domestic reduction in economy-wide greenhouse gas emissions by 2030 compared to 1990 was set by the European Council of 23-24 October 2014. It also called on all countries to come forward with ambitious policies and targets well in advance of the 21st Conference of the Parties in Paris. It stated furthermore that it would continue to give strategic orientations, notably with respect to non- ETS sectors. The Council meeting on 6 March 2015 formally approved this contribution of the Union and its Member States as their Intended Nationally Determined Contribution under the Paris Agreement. The European Council conclusions of October 2014 foresaw that the target should be delivered collectively by the Union in the most cost- effective manner possible, with the reductions in the Emissions Trading System (ETS) and non- ETS sectors amounting to 43% and 30% by 2030 compared to 2005 respectively. All sectors of the economy should contribute to achieving these emission reductions.
Amendment 32 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) A global market-based measure applied by all 191 of the member states of ICAO will be the main instrument for attaining the goal of reducing emissions by 40%.
Amendment 33 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) As it could involve 191 countries, a global market-based measure under the aegis of ICAO appears to be the best way of combating carbon leaks, which occur as a result of preference being given to the pursuit of economic operations in countries where regulation of emission limits is less strict.
Amendment 34 #
Proposal for a regulation
Recital 3 c (new)
Recital 3 c (new)
(3c) The allocation of allowances free of charge and the proportion of allowances put up for auction should remain unchanged until the global market-based measure under the aegis of ICAO is implemented.
Amendment 35 #
Proposal for a regulation
Recital 3 d (new)
Recital 3 d (new)
(3d) It is desirable to anticipate the application of a global market-based measure under the aegis of ICAO by planning investment decisions and simplifying the system for the monitoring of emissions by Member States.
Amendment 36 #
Proposal for a regulation
Recital 3 e (new)
Recital 3 e (new)
(3e) Mere attainment of the Union’s climate targets would not be sufficient to ensure that the commitments and targets of the Paris Agreement were met, for which reason a global market-based measure applied by all 191 ICAO member states is essential.
Amendment 37 #
Proposal for a regulation
Recital 3 f (new)
Recital 3 f (new)
(3f) The total quantity of allowances to be allocated to aircraft operators in 2021 corresponds to the mean allocation for the period between 1 January 2014 and 31 December 2016.
Amendment 38 #
Proposal for a regulation
Recital 3 g (new)
Recital 3 g (new)
(3g) For aviation operations from and to aerodromes located in countries outside the EEA, the quantity of allowances to be allocated from 2021 should without fail take into account the global market-based measure.
Amendment 41 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the light of the resolution adopted at ICAO's 39th Assembly in October 2016 on the implementation of a global market-based measure from 2021 to offset international aviation emissions above 2020 levels, it is considered appropriate to continue the existing derogation pending further progress on the design elements and the implementation of the global market-based measure. In this regard, the adoption of Standards and Recommended Practices by ICAO to complement that Resolution and implement the global system is planned for 2018. However, its concrete operationalisation will require action by ICAO parties at domestic level. Also, governance arrangements must be developed by ICAO, including a registry system. In this context, the current derogation of the EU ETS obligations for flights to and from third countries should be extended, subject to the review onpending the implementingation of the ICAO scheme, in order to promote momentum in ICAO and facilitate the operationalisation of the ICAO scheme. As a result of the extension of the derogation, the amount of allowances to be auctioned and issued for free, including from the special reserve, should be the same as would correspond to 2016, and should be proportional to the reduction of the surrender obligation.
Amendment 43 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) ICAO is an authority whose membership comprises 191 States, which operates under the auspices of the United Nations and which seems the most legitimate party to devise binding targets to be attained for the reduction of emissions from aviation.
Amendment 46 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) In order to reduce to the minimum the risk of carbon leaks, which is not zero, as aviation can by definition relocate, it is justified to freeze the auctioning of allowances.
Amendment 47 #
Proposal for a regulation
Recital 5 c (new)
Recital 5 c (new)
(5c) Revenue from auctions of allowances should be channelled to ICAO in order to fund research and development work on low-emission transport, which would help to combat climate change.
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
(6) Given that key features of the global market-based measure have yet to be developed and that its implementation depends on domestic legislation by States and regions, it is considered appropriate for a review to take place once there is clarity about the nature and content and of these legal instruments in advance of the start of ICAO's global market-based measure, and a reportport to be submitted to the European Parliament and Council. That report which should consider any standards or other instruments adopted through ICAO, the actions taken by third countries to implement the global market-based measure to apply to emissions from 2021 and other relevant international developments (e.g. rules under UNFCCC and the Paris Agreement on carbon markets and accounting). That report should consider how to implement these instruments in Union law through a revision of the EU ETSthe law of the Member States. It should also consider the rules applicable to intra-EEA flights as appropriate. That report should be accompanied by a proposal as appropriate to the European Parliament and the Council consistent with ensuring the contribution of aviation to the Union's 2030 economy-wide greenhouse gas reduction commitment of the Member States of the Union.
Amendment 53 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Commission should ensure that the requirements to monitor and report greenhouse gas emissions laid down in Commission Regulations (EU) Nos 600/2012 and 601/2012 are compatible with the technical rules applicable to ICAO’s global market-based measure, once the latter has been adopted.
Amendment 58 #
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) The Union cannot require that the confidentiality of ICAO’s technical work should be waived. Only ICAO member states may demand to be more closely associated with ICAO’s work to implement the global market-based measure. Only States which are members of that organisation are in a legitimate position to request revision of the non- disclosure protocols for Members and Observers of the ICAO Committee on Aviation Environmental Protection (CAEP).
Amendment 60 #
Proposal for a regulation
Recital 6 c (new)
Recital 6 c (new)
(6c) The ultimate aim is to establish a single global scheme for reducing emissions from aviation during the second stage of the ICAO scheme in 2024. The legitimate, optimal and exclusive character of ICAO’s global measure should take precedence over the attainment of the Union’s targets. The Union is not in a position to enforce compliance with the commitments under the Paris Agreement, as the Union de facto excludes the 163 States which are members of ICAO but not of the Union.
Amendment 61 #
Proposal for a regulation
Recital 7
Recital 7
(7) In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the CommissionThe Commission shall help States to adopt measures for the monitoring, reporting and verification of emissions applicable to aircraft operators for the purpose of the global market-based measure being elaborated in ICAO. It is of particular importance that the Commissionn order to do so, it may carriesy out appropriate consultations during its preparatory work, including at expert level, and tshat those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated actll without delay communicate all useful information to the Member States.
Amendment 66 #
Proposal for a regulation
Recital 8
Recital 8
(8) As a simplification and in order to lighten administrative tasks for the smallest aircraft operators, non-commercial aircraft operators emitting less than 1000 tonnes CO2 per annum should continue to be considered as meeting the requirements of Directive 2003/87/EC for another ten years, during which measures should be elaborated so that in futurepending the application of the global market-based measure being prepared by ICAO, which will be able to compel all operators to contribute to emission reductions.
Amendment 68 #
Proposal for a regulation
Recital 9
Recital 9
(9) It is essential to ensure legal certainty for aircraft operators and national authorities in view of the surrender deadline of 30 April 2018 specified in Articles 12 and 16 of Directive 2003/87/EC. Accordingly, this Regulation should apply from the day of its publication in the Official Journal of the European Union.
Amendment 82 #
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Directive 2003/87/EC
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(-1) In Article 21, the following paragraph 2a is inserted: “2a. The report shall, using data provided through the cooperation referred to in Article 18b, include a list of aircraft operators subject to the requirements of this Directive who have not opened a registry account. Each operator shall have the option of briefly explaining the reasons why it has not opted to open a registry account and explaining the difficulties encountered.”
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Directive 2003/87/EC
Article 28 a – paragraph 1 – point a
Article 28 a – paragraph 1 – point a
(a) all emissions from flights to and from aerodromes located in countries outside the European Economic Area (EEA) in each calendar year from 1 January 2013, subject to the review referred to in Article 28b"except where States have already implemented the ICAO instruments in their domestic law”.
Amendment 88 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i
Article 1 – paragraph 1 – point 1 – point a – point i
Directive 2003/87/EC
Article 28 a – paragraph 1 – point b
Article 28 a – paragraph 1 – point b
(b) all emissions from flights between an aerodrome located in an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union (TFEU) and an aerodrome located in another region of the EEA in each calendar year from 1 January 2013, subject to the review referred to in Article 28b"except where States have already implemented the ICAO instruments in their domestic law”.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i
Article 1 – paragraph 1 – point 1 – point b – point i
Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1
Article 28 a – paragraph 2 – subparagraph 1
“From 1 January 2017, by way of derogation from Articles 3d to 3f and until amendments subsequent to the review referred to in Article 28b have entered into force, aircraft operators shall be issued, each year, the number of allowances that corresponds to the year 2016. From 2021 onwards that number of allowances shall be subject to the application of the linear factor in Article 9, unless the application of the global market-based measure has been delayed.”
Amendment 101 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point ii
Article 1 – paragraph 1 – point 1 – point b – point ii
Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 3
Article 28 a – paragraph 2 – subparagraph 3
(ii) the third subparagraph is deleted.replaced by the following: “As regards activity in the period from 1 January 2017 to 31 December 2020, Member States shall publish the number of aviation allowances allocated to each aircraft operator by 1 September 2018. While it is logical that aviation should contribute on an equitable basis to the honouring of the commitments accepted under the Paris Agreement, it is important not to weaken the industry, as it faces very intense and in some cases unfair international competition.”
Amendment 102 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 2003/87/EC
Article 28 a – paragraph 4
Article 28 a – paragraph 4
Amendment 109 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 28 b – paragraph 1
Article 28 b – paragraph 1
1. The Commission shall report to the European Parliament and the Council onMember States shall note the relevant ICAO standards or other legal instruments as well as onrelevant domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021, and on other relevant international developments. In view of the legitimacy of ICAO and its decisions, the Commission shall note the general environmental ambition of the global market-based measure. The Commission may possibly formulate ideas to be considered for the future concerning the level of participation, applicability, transparency, penalties for non-compliance, procedures for public input, quality of offset credits, monitoring, reporting and verification of emissions, registries and rules on the use of biofuels. However, it is not the role of the Commission to assess the legitimacy or relevance of the methods and procedures of ICAO’s global market- based measure or their environmental integrity and regulatory soundness.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 28 b – paragraph 2
Article 28 b – paragraph 2
2. The report shouldStates are called upon to consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directivtheir domestic law in order to anticipate the adoption of the market measure. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 28 b – paragraph 3
Article 28 b – paragraph 3
3. The report may be accompanied by proposals, as appropriate to the European Parliament and the Council to amend, delete, extend or replace the derogations provided for in Article 28a, consistent withStates are called upon to honour the Union economy-wide greenhouse gas emission reduction commitment for 2030, in accordance with the Paris Agreement.
Amendment 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 28 c – paragraph 1
Article 28 c – paragraph 1
1. The Commission shall issue guidelines calling on Member States to adopt provisions for the appropriate monitoring, reporting and verification of emissions for the purpose ofin order to prepare for and anticipate as effectively as possible the implementingation of the global market-based measure being elaborated in ICAO. Those provisions shall be based on the same principles as the Regulation referred to in Article 14 (1) and shall ensure that the emissions reports submitted are verified in accordance with Article 15.
Amendment 135 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2003/87/EC
Article 28 c – paragraph 2
Article 28 c – paragraph 2