Activites

• 2009/01/13 Final act published in Official Journal
  • Directive 2008/101
  • OJ L 008 13.01.2009, p. 0003
• 2008/11/19 Final act signed
• 2008/11/19 End of procedure in Parliament
• #2899
• 2008/10/24 Council Meeting
• #2895
• 2008/10/09 Council Meeting
• 2008/07/08 Results of vote in Parliament
  • Results of vote in Parliament
  • Debate in Parliament
  • T6-0333/2008 summary

    The European Parliament adopted a legislative resolution amending the Council’s common position for adopting a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. The recommendation for second reading (under the codecision procedure) had been tabled for consideration in plenary by Peter LIESE (EPP-ED, DE), on behalf of the Committee on the Environment, Public Health and Food Safety.  The amendments were the result of a compromise between the Council and the Parliament. The main amendments – adopted under the 2nd reading of the codecision procedure – are as follows:Start date: emissions from all flights arriving at and departing from Community aerodromes should be included from1 January 2012.Caps: for the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 97% of the historical aviation emissions.For the period beginning on 1 January 2013, and, in the absence of any amendments following the prescribed review, for each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95% of the historical aviation emissions multiplied by the number of years in the period. This percentage may be reviewed as part of a general review of the Directive.Auction:  For the period from 1 January 2012 to 31 December 2012, 15 % (rather than rather than 10% as set out in the common position) of allowances shall be auctioned. From 1 January 2013, 15% of allowances shall be auctioned. This percentage may be increased as part of the general review of the Directive.Exemptions: these include flights which, but for this point, would fall within this activity, performed by a commercial air transport operator operating either:- fewer than 243 flights per period for three consecutive four-month periods; or - flights with total annual emissions lower than 10 000 tonnes per year.Exemptions apply also to flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers, of an EU Member State may not be excluded under this point.Revenues: it shall be for Member States to determine the use to be made of revenues generated from the auctioning of allowances. Those revenues should be used to tackle climate change in the EU and third countries, inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change in the EU and third countries, especially developing countries, to fund research and development for mitigation and adaptation, including in particular in the fields of aeronautics and air transport, to reduce emissions through low-emissions transport, and to cover the cost of administering the scheme. The proceeds of auctioning should also be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation.Member States shall inform the Commission of actions taken pursuant to this provision.Special reserve for certain aircraft operators: an aircraft operator whose tonne-kilometre data increases by an average of more than 18 % annually between the monitoring year for which tonne-kilometre data was submitted shall not have an allocation exceeding 1 000 000 allowances.Installations: during the period from 1 January 2012 to 31 December 2012, aircraft operators may use CERs and ERUs, up to 15 % of the number of allowances they are required to surrender. For subsequent periods, the percentage of CERs and ERUs usable in relation to aviation activities shall be reviewed as part of the general review of the Directive and taking into consideration the development of the international climate change regime.The Commission may, in accordance with the regulatory procedure, develop guidelines relating to the administration of aircraft operators under the Directive by administering Member States.Assistance from Eurocontrol: Parliament added that the Commission may also request assistance from another relevant organisation.Review: by 1 December 2014 the Commission shall review the functioning of the Directive in relation to aviation activities in Annex I and may make proposals to the European Parliament and the Council. It must give consideration to, inter alia:- the impact of the Community scheme on the aviation sector, including issues of competitiveness, taking into account in particular the effect of climate change policies implemented for aviation outside the EU; developments, including the potential for future developments, in the efficiency of aviation and in particular the progress towards meeting the Advisory Council for Aeronautics Research in Europe (ACARE) goal to develop and demonstrate technologies able to reduce fuel consumption by 50% by 2020 and whether further measures to increase efficiency are necessary;- developments in scientific understanding on the climate change impacts of contrails and cirrus clouds caused by aviation with a view to proposing effective mitigation measures.

• 2008/06/04 Committee recommendation tabled for plenary, 2nd reading
  • A6-0220/2008
• 2008/05/27 Vote in committee, 2nd reading
• 2008/04/24 Committee referral announced in Parliament, 2nd reading
• #2863
• 2008/04/18 Council Meeting
  • 05058/3/2008 summary

    The common position incorporates a number of amendments proposed by Parliament at first reading, either verbatim, in part or in spirit. These improve or clarify the text of the proposed Directive. Those amendments not included have been rejected on the grounds that they were either considered unnecessary or, from a scientific point of view, impractical. Previsions from the original Commission proposal have been supplemented with new elements or entirely redrafted, with some completely new measures inserted.In summary the main changes to the initial proposal are as follows:Start date and scope of the scheme: the Council, in agreement with the European Parliament, has rejected the two-stage approach proposed by the Commission and opted for a single starting date for all flights to be included in the scheme. This was considered necessary in order to ensure the scheme’s enhanced environmental impact whilst minimising the distortion of competition. Unlike both Parliament and the Commission, the Council is proposing that the start date should be 2012, rather than the originally proposed 2011.Allocation: the Council agrees with Parliament that the allocation of allowances is central to the functioning of the scheme. The Council, therefore, has introduced a number of changes to the Commission proposal that would brings its contents closer to a number of EP amendments – even if they were not incorporated literally in the text of the common position.Thus, the Council has maintained a 100% cap of historical emissions (as is the case in the Commission proposal). At the same time though the common position points towards a possible future reduction as part of a review of the Directive's functioning in relation to aviation activities. This review must take place by 2015. The benchmark has been slightly adjusted by the Council. This has been done by modifying the payload (which it increased to 110 kg per passenger and their checked baggage) and to the distance (with 95 km added to the greater circle distance) used to calculate the aviation activity (ton/km) of each aircraft operator.Level of auctioning: the Council has rejected the Commission’s proposal to use a percentage corresponding to the average percentage proposed by the Member States that would include auctioning in their national allocation plants (NAPs). Instead it has opted for a 10% fixed allocation. The Council has also introduced the explicit possibility for that percentage to be increased as part of the general review of the ETS Directive. Thus, although this is not an exact incorporation of Parliamentary wishes, it nevertheless follows the general spirit of Parliamentary amendments.Use of proceeds generated from auctioning: on the matter of proceeds generated from auctioning, the Council’s position differs to that of both the Commission and Parliament. The common position specifies that it is for the Member States to decide how these revenues should be used. One measure does provide, however, that these proceeds should be used to tackle climate change both in the EU and in third countries and to cover the administrative cost of running the scheme.One major new element introduced by the Council concerns the creation of a special reserve for new entrants or fast-growing aircraft operators. Thus, 3% of allowances would be set aside to be distributed to eligible aircraft operators on the basis of a benchmark system similar to the system used for the initial allocation. In a bid to counterbalance any possible market distortions the distribution of allowances under the special reserve will be a one-off, alongside a provision that the resulting annual allocation per ton-kilometre to aircraft operators under the main allocation. This measure should entail less administrative costs.Exemptions: the Council has refined a number of exemptions from the scheme, taking account of Parliamentary amendments. It has decided that flights by EU Heads of State will  not be excluded from the scheme. On the other hand it has decided to exempt flights related to search and rescue, fire-fighting flights, humanitarian flights and emergency medical flights. Further, flights performing exclusively for the purpose of checking, testing or certifying aircraft or equipment, whether airborne or ground based will be excluded from the scope of the DirectiveDe minimis clause: the common position has introduced an additional exemption from the scheme referred to as the de minimum clause. This entails the exclusion of flights performed by a commercial air transport operator operating, for three consecutive four-month periods, fewer that 243 flights per period. The Council has coupled this exemption with a corresponding definition of “commercial air transport operator” and a recital aiming to ensure that operators with very low traffic levels, including many operators from developing countries, would not be face with disproportionate administrative costs. Outermost regions: taking on board Parliamentary suggestions, the Council has decided to accord the outermost regions special derogations. The common position, therefore, excludes public service flights to the outermost regions or flights where the capacity offered does not exceed 30 000 seats per year, from the scope of the proposed Directive.Other issues: the common position inserts a new Article imposing an additional obligation on the Member States to ensure that aircraft operators submit monitoring and reporting plans to the competent authoritiesEnforcement: the common position introduces a number of new paragraphs regarding enforcement of the ETS Directive. This provides for the possibility of an administering Member State to request an operating ban at Community level on aircraft operators failing to comply with the requirements of the Directive. Whilst the imposition of an operating ban is viewed as an enforcement measure of last resort, its inclusion was deemed necessary in order to guarantee the full compliance of aircraft operators with the scheme. This is a matter of utmost importance to the Council.Conversion of allowances: the Council has decided to modify the initial proposal in respect to the conversion of allowances and their subsequent use towards international commitments. The Council has opted for the “semi-open” scheme.

• #2842
• 2007/12/20 Council Meeting
• 2007/11/13 Decision by Parliament, 1st reading/single reading
  • T6-0505/2007 summary

    The European Parliament adopted a resolution drafted by Peter LIESE (EPP-ED, DE) and made some amendments to the proposal for a directive amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. The principal amendments were as follows:Allocation: Parliament stated that the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 90% of the sum of the historical aviation emissions in relation to each year. Depending on the choice for a post-2012 carbon dioxide reduction target of either 30% or 20% with 1990 as a base year, the Commission must reduce the total quantity of allowances to be allocated to aircraft operators in the further periods under Article 11(2) in accordance with the regulatory procedure with scrutiny.  This downward review will provide a mechanism to ensure that the environmental effectiveness of the scheme is maintained. There shall be provision for subsequent downward reviews of the total quantity of allowances allocated.Start date: from 1 January 2011, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included, taking into account the special situation of the flights between ultra-peripheral regions and the European Continental zone. Auctioning:-Parliament stated that, starting in 2011, 25% of allowances shall be auctioned. For future periods, the percentage to be auctioned shall be increased, according to the maximum level of auctioning in other sectors.Reserve: the Commission must adopt a Regulation laying down detailed provisions for the setting up of a European allowance reserve. The percentage of allowances to be kept as a reserve for the benefit of potential new aircraft operators in each period shall be established by the Commission taking into account the market prediction studies issued by the appropriate bodies.Use of auctioning revenues: revenues generated from the auctioning of allowances will be used to mitigate greenhouse gas emissions and to adapt to the impacts of climate change in the EU and third countries, especially in developing countries, and to fund research and development for mitigation, especially in the airline sector, and adaptation. In order to reduce to some extent the burden on citizens, revenues generated by auctioning will also be used to lower taxes and charges on climate-friendly transport such as rail and bus. They may also be used to cover the Member States' justified costs in administering the Directive. Member States may also use the revenues to mitigate or even eliminate any accessibility and competitiveness problems arising for outermost regions and problems for public service obligations in connection with the implementation of the Directive.New entrants: the Commission shall implement measures in respect of the allocation of allowances to make provision for new aviation entrants, and inserted a definition for the latter term.In the event of a merger or takeover involving several carriers during a given period, the allowances which have been allocated to them or which they have acquired shall be retained by the new entity. If a carrier ceases to operate, the Member State to which it is attached shall place the relevant allowances on the secondary market for allowances. At the beginning of the following year, the share of the allowances still available shall be allocated in full for auctioning, taking account of the general rate of reduction of authorised allowances.On the basis of the experience acquired during the period 2010-2012, the Commission shall submit a proposal concerning the quota of emission permits the aviation sector is authorised to purchase on the secondary market for wider emission permit schemes.The percentage of CERs and ERUs usable in relation to aviation activities shall be reviewed alongside their use in other sectors as part of the emission trading scheme review.Multiplier: Parliament voted to apply a multiplier to emissions from aviation in order to take into account that the climate impact from aviation does not result from CO2 alone but also for NOx emissions.A new clause states that, as long as there are no Community measures which incentivise the reduction of releases of nitrogen oxides from aircraft carrying out an aviation activity listed in Annex I, and which ensure the same ambitious level regarding the protection of the environment as this Directive, the amount of carbon dioxide which an allowance, other than an aviation emissions allowance, or a CER or ERU permits an aircraft operator to emit shall be divided by an impact factor of 2. A new part recital stated that air traffic management authorities should apply effective measures in order to avoid the formation of contrails and cirrus clouds through changes in flight patterns, namely by ensuring that flights will avoid passing through areas where due to specific atmospheric conditions the formation of such clouds is foreseen. In addition, they should strongly promote research on the formation of contrails and cirrus clouds including effective mitigation measures (e.g. fuel, engines, air traffic management) that do not adversely affect other environmental goals. Pending other legislation to be proposed by the Commission focusing specifically on the problem of nitrogen oxide emissions in aviation, a multiplier should be applied to every tonne of CO 2 emitted. A new operative clause is inserted stating that, as soon as sufficient scientific evidence is available an appropriate multiplier will be proposed to take into account the effects of cirrus clouds caused by aviation activity.Efficiency clause: every year, aircraft operators wishing to surrender allowances other than aviation emissions allowances, shall be required to submit to the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed in that calendar year. Based on the data to be submitted under the provisions of the directive, the Commission shall determine an efficiency indicator for all aircraft operators, calculated by dividing the total emissions from aircraft operators by the sum of the tonne-kilometre data. Based on this efficiency indicator for the first year for which data is available, the Commission shall publish a target efficiency indicator for 2010, 2015 and 2020 on the basis of an emissions reduction per revenue-tonne-kilometre (RTK) of 3,5% per year, which takes into account the voluntary target of a 3.5% improvement in fuel efficiency of aircraft per year until 2020. The Commission shall, having regard to air operators' pledge to increase the efficiency of aircraft engines by 50% in 2020, report to the European Parliament in 2010 and 2015 on progress made towards achieving this targetIn order to ensure equal treatment of aircraft operators, the Commission shall adopt specific guidelines to harmonise the administration of aircraft operators by administering Member States.Derogations: Parliament included in the derogations:(a) flights for humanitarian purposes under a mandate from the United Nations or its subsidiary organisations and Emergency Medical Service flights, if the aircraft operator has been instructed to perform them (e.g. by the United Nations) or holds the necessary official authorisation (licence for such EMS flights under its Air Operator's Certificate);(b) flights performed by aircraft with a certified maximum take-off weight of less than 20 000 kg , under the condition that operators of these aircraft participate in an offset scheme which operates according to strict criteria and which must be open to external control (comparable to Gold Standard);(c) flights performed exclusively for the purpose of scientific research or for the purpose of checking, testing, qualifying or certifying aircraft , equipment or air-traffic-management procedures , whether airborne or ground-based; ferrying new aircraft as well as ferry flights performed by or on behalf of an aircraft owner as a consequence of the occurrence of a sudden early termination event, event of default, repossession, or similar occurrence in respect of a leasing, charter or similar arrangement. New clauses in the Annex state that the Community and the Member States must ensure that the working methods to be used by the verifier are harmonised before the implementation of the Directive and that its provisions are applied on a uniform basis. Lastly, Parliament deleted the derogation concerning flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers.

• 2007/11/12 Debate in Parliament
  • Debate in Parliament
• 2007/10/19 Committee report tabled for plenary, 1st reading/single reading
  • A6-0402/2007
• 2007/10/02 Vote in committee, 1st reading/single reading
• #2812
• 2007/06/28 Council Meeting
  • 2812
• #2805
• 2007/06/06 Council Meeting
• 2007/05/24 Referral to associated committees announced in Parliament
• #2791
• 2007/03/22 Council Meeting
  • 2791
• #2785
• 2007/02/20 Council Meeting
  • 2785 summary

    The Council held a preliminary policy debate on the proposed Directive seeking to include aviation activities in greenhouse gas emission allowance trading within the Community. The exchange of views focused on:-          flights within the EU from 2011;-          extending the scheme to all flights arriving in, or departing from, the EU as from 2012 onwards which is deemed an appropriate step towards reducing emissions from aviation without entailing competitive disadvantages;-          the strategy for engaging with third countries;-          the approach for a cap that takes account of growth in the airline sector and the need for stabilising climate change;-          harmonised allocation methodology;-          non-discriminatory measures needed to address regional aspects and special situations of the Member States; and-          the need to address the impact of aviation on climate change other than from CO2 emissions through Community action.

• 2007/02/01 Committee referral announced in Parliament, 1st reading/single reading
• 2006/12/20 Legislative proposal published
  • COM(2006)0818 summary

    PURPOSE: to include the aviation industry in the Community’s greenhouse gas emission allowance trading scheme.PROPOSED ACT: Directive of the European Parliament and of the Council.BACKGROUND: in 2003 the Community adopted legislation establishing a scheme for greenhouse gas emission allowance trading within the Community (Directive 2003/87/EC. For a summary see: COD/2001/0245). Its aim is to reduce carbon emissions be allocating carbon allowances to industry operators. Should they, through green investments and policies, save some of these allocations they may sell them on the open market to those who have not. If they exceed their allowance they will have to buy them, in the form of credits either from i) those operators who have made a saving on their allowances or ii) from registered independent companies who have invested in green “carbon capture” programmes and who are entitled to trade allowances on the open market. Crucially, the Directive does not apply to the aviation industry.Aviation does, however, contribute to climate change. In 2004 greenhouse gas emissions from the Community’s share of international aviation increased by 7.5% compared to 2003 figures. A cumulative growth of 87% since 1990. Although air travel is becoming cheaper, the prices charged do not reflect the cost to the environment of air travel. Someone flying from London to New York and back again, for example, generates roughly the same level of emissions as the average person in the EU does by heating their home for a whole year. It is estimated that without action, the growth in emissions from EU flights will, by 2012, cancel out more than a quarter of the 8% emission reduction the EU-15 must achieve to reach the Kyoto Protocol target. By 2020, aviation emissions are likely to more than double.In 2005, the Council recognised the need to address the carbon emitted from aircraft (Conclusions of the Environment Ministers, 2 December 2005). In their conclusions the Environment Ministers urged the Commission to bring forward a legislative proposal by the end of 2006. Similarly, in July 2006, the European Parliament adopted a Resolution which recognising the potential of the emissions trading scheme to help reduce carbon emissions from aircraft operators.CONTENT: the purpose of this proposal is to address the growing impact aviation has on climate change by including aviation in the Community emissions trading scheme. In order to do so Directive 2003/87/EC needs to be amended. The proposed amendments, in summary, are as follows:–        Aircraft operators will be responsible for complying with the provisions set out in the amended Directive.–        From 1 January 2012, the scheme will cover all flights arriving at, or departing from, an airport in the Community.–        From 1 January 2011, flights between EU airports will be covered by the Directive.–        The following categories will be exempted from the Directive: State aircraft; flights under visual flight rules; circular flights; flights for testing navigation equipment or for training purposes; rescue flights; and flights by aircraft with a maximum take-off weight of 5 700kg.–        By the end of 2008, the Commission will put forward a proposal on nitrogen oxide emissions from aircraft.–        Each aircraft operator (including operators from third countries) will be administered by one Member State only. This measure should reduce red tape.–        The method of allocating allowances will be harmonised across the Community. This proposed provision marks a departure from the existing scheme where Member States propose the allocations, which must them be approved by the Commission.–        The total number of allowances allocated to the aviation sector will be determined at Community level by reference to average emissions from aviation for the years 2004-2006.–        A fixed percentage of the total quantity of allowances will be allocated free of charge on the basis of a benchmark to aircraft operators, who submit an application relating to 2008 data.–        For the period 2011-2012 this percentage will correspond to the average percentage proposed by the Member States including auctioning of their national allocation plans.–        Schemes thereafter will be reviewed based on the results of the general review of the emissions trading scheme.–        A Commission Regulation will detail how the auctioning will work.–        Any proceeds from the auctions will be used to mitigate, and adapt to, the impacts of climate change. It will also cover administrative costs.–        Aircraft operators will be responsible for monitoring their carbon dioxide emissions and report them to the competent authority of the administering Member State, by 31 March of each year. –        The reports will be independently verified to make sure that they are accurate.–        Aircraft operators will be able to buy allowances from other sectors in the Community scheme for use to cover their emissions.–        Aircraft operators will be able to use project credits, such as “Emission Reduction Units” and “Certified Emission Reductions” from the Joint Implementation or Clean Development Mechanisms – up to a harmonised limit equivalent to the average of the limits prescribed by the Member States in their national allocation plans for other sectors in the Community scheme.–        Domestic aviation will be included in the scheme and treated in the same way as international aviation.–        Special consideration will be given to air operators servicing remote or isolated regions.Expenditure for the implementation of the Directive, once approved, will be covered by the LIFE + (2007-2013) instrument and no additional amount is requested. For further information on the financial aspect of the proposal please refer to the financial statement.

  • DG {'url': 'http://ec.europa.eu/dgs/environment/', 'title': 'Environment'}, DIMAS Stavros

Documents

• Legislative proposal published: COM(2006)0818
• Debate in Council: 2785
• Debate in Council: 2791
• Debate in Council: 2812
• Committee report tabled for plenary, 1st reading/single reading: A6-0402/2007
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0505/2007
• Council position published: 05058/3/2008
• Committee recommendation tabled for plenary, 2nd reading: A6-0220/2008
• Results of vote in Parliament: Results of vote in Parliament
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T6-0333/2008
• : Directive 2008/101
• : OJ L 008 13.01.2009, p. 0003

History

(these mark the time of scraping, not the official date of the change)