2017/0017(COD) | [ParlTrack]

Lieve WIERINCK, Dominique RIQUET, Pavel TELIČKA

Proposal for a regulation
Citation 1 b (new)

having regard to the Protocol (No 2) of the Treaty on the Functioning of the European Union on the application of the principles of subsidiarity and proportionality,

Amendment 11 #

Proposal for a regulation
Recital 1

~~(1)~~ At the 21st Conference of the ~~(1)~~ 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. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, parties will prepare, communicate and maintain successive nationally determined contributions. Although international aviation was excluded from this agreement, this sector should also contribute to emission reduction targets, such as through a GMBM scheme to be introduced by ICAO.

Amendment 12 #

Proposal for a regulation
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. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, parties will prepare, communicate and maintain successive nationally determined contributions. However recent changes in the global political landscape endangers the Paris Agreement, thus Union's global leadership in climate action is needed more than ever.

Amendment 13 #

Proposal for a regulation
Recital 1

Amendment 14 #

Proposal for a regulation
Recital 1

Amendment 15 #

Proposal for a regulation
Recital 2

Amendment 16 #

Lefteris CHRISTOFOROU

Proposal for a regulation
Recital 2 a (new)

(2a) Environmental protection is one of the most important challenges facing the Union.

Amendment 17 #

Proposal for a regulation
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. 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. Aviation accounts for 2% of global CO2 emissions, of which international flights account for 1,3% of total emissions, and by 2050 the level of emissions from aviation is expected to grow 7-10 fold.

Amendment 18 #

Proposal for a regulation
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. 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 19 #

Lefteris CHRISTOFOROU

Proposal for a regulation
Recital 3

(3) A binding interim 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. 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 20 #

Proposal for a regulation
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. 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~~and its Member States in the most economical 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 21 #

Proposal for a regulation
Recital 4

(4) The Union and its Member States have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the EU emissions trading system (EU ETS) that has been operating since 2005. In December 2011, the Court of Justice of the European Union ruled that the inclusion of extra-EEA flights in the EU ETS does not violate international law. In order to advance progress at the International Civil Aviation Organization (ICAO), the Union has twice adopted time- bound derogations to the EU ETS so as to limit compliance obligations to emissions from flights between aerodromes situated in the European Economic Area (EEA), with equal treatment on routes of aircraft operators wherever they are based. The most recent derogation from the EU ETS, Regulation (EU) No 421/2014 of the European Parliament and of the Council, limited compliance obligations to intra- EEA flights between 2013 and 2016, and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the EEA from 1 January 2017 onwards following the review set out in that Regulation.

Amendment 22 #

Proposal for a regulation
Recital 4

Amendment 23 #

Neoklis SYLIKIOTIS, Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO

Proposal for a regulation
Recital 4 a (new)

(4a) In order to achieve the objectives set by the Paris Agreement and a 40% reduction in greenhouse gases (GHG) by 2030, it is necessary to implement in full the Single European Sky provisions, which would make it possible to avoid airspace fragmentation and optimise traffic flows, thereby cutting emissions.

Amendment 24 #

Proposal for a regulation
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~~n't 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 on implementing 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 derogationAs a result, 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~~reduced.

Amendment 25 #

Proposal for a regulation
Recital 5

Amendment 26 #

Proposal for a regulation
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 obligat~~it is considered appropriate allow for a derogation of in respect of 50% of the emissions forom flights to and from ~~third countries should be extended, subject to the review on implementing the ICAO schem~~aerodromes located in countries outside the European Economic Area (EEA) pending the implementation of the global market-based measure, 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, for flights not subject to the derogation, should be the same as would correspond to 2016, and should be proportional to the reduction of the surrender obligation.

Amendment 27 #

Proposal for a regulation
Recital 5

Amendment 28 #

Proposal for a regulation
Recital 5

Amendment 29 #

Proposal for a regulation
Recital 5

Amendment 30 #

Proposal for a regulation
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 report submitted to the European Parliament and Council. That report 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). Th~~at report should consider how to implement these instruments in Union law through a revision of the EU ETS. It should also consider the rules applicable to intra-EEA flights as appropriate~~e implementation in Union law of the ICAO global market-based measure should be through the EU ETS. Thate 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.

Amendment 31 #

Proposal for a regulation
Recital 6

(6) Given that key f~~eature~~ramework conditions 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 report submitted to the European Parliament and Council. That report 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 ETS. 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 and most economical possible greenhouse gas reduction commitment.

Amendment 32 #

Proposal for a regulation
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 towill 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 report will be submitted to the European Parliament and Council. That report 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 ETS. 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.

Amendment 33 #

Lieve WIERINCK, Dominique RIQUET, Pavel TELIČKA

Proposal for a regulation
Recital 6 a (new)

(6a) The implementation of the Carbon Offsetting Scheme for International Aviation (CORSIA) when agreed by ICAO will depend on the implementation of the Single Sky aiming at, inter alia, de- fragmenting the European airspace reducing the aviation environmental footprint;

Amendment 34 #

Proposal for a regulation
Recital 6 a (new)

(6a) The success of the CORSIA will largely depend on geographically wide scope of application, avoiding overlapping regional schemes and thus creating a true level playing field in the aviation sector.

Amendment 35 #

Proposal for a regulation
Recital 6 b (new)

(6b) Member States should be free to decide how revenues generated by the auctioning of aviation sector allowances under the CORSIA are to be used and to consider which share of such revenues might be used to finance research and common projects in the aviation sector. Allowances for Common projects should be aimed at enabling a set of basic interoperable capabilities within all Member States, in particular those improving collective air navigation infrastructure, the provision of air navigation services and the use of airspace, in required for the implementation of the ATM Master Plan. Allowances for Research and Development projects should be aimed at developing aviation programs such as SESAR Joint Undertaking and Joint Technologies (current Clean Sky) and future use of GNSS for satellite-based navigation in order to ensure accuracy and reliability of real time airplanes tracking as well as fuel savings as a result of spacebased Automatic Dependent Surveillance-Broadcast equipment.

Amendment 36 #

Proposal for a regulation
Recital 6 b (new)

(6b) The revenues from the proceeds of future auctioning of allowances should be allocated to programmes aimed at reducing emissions in the aviation sector, and in particular to research and development and through the Ninth Research Framework Programme.

Amendment 37 #

Proposal for a regulation
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 Commission 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 Commission carries out appropriate consultations during its preparatory work, ~~including~~particularly at expert level, and that 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 acts, in order to make the decision-making process more transparent and more efficient.

Amendment 38 #

Neoklis SYLIKIOTIS, Xabier BENITO ZILUAGA, Paloma LÓPEZ BERMEJO

Proposal for a regulation
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 Commission 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 Commission carries out appropriate consultations during its preparatory work, including at expert level, and that 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~~simultaneously as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 39 #

Proposal for a regulation
Recital 7 a (new)

(7a) Aviation has also an impact on climate through releases of nitrogen oxides, water vapour and sulphate and particles at high altitudes. It is highly important to take action in order to address the non-CO2 effects of aviation in view of increasing scientific evidence. Therefore, pending scientific progress, all impacts of aviation should be addressed.

Amendment 40 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3d

"(–1) Article 3d is replaced by the following: "Article 3d Method of allocation of allowances for aviation through auctioning 1. In the period referred to in Article 3c(1), 15 % of allowances shall be auctioned. 2. From 1 January 2013, 15 % of allowances shall be auctioned. This percentage may be increased as part of the general review of this Directive. 3. containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2 of this Article or Article 3f(8). The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to ing Article 3c(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3c the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates. That Regulation, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3). 4. 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-emission transport and to cover the cost of administering the Community 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 paragraph. 5. Commission pursuant to this Directive does not free Member States from the notification obligation laid down in Article 88(3) of the Treaty.ll allowances for aviation activities shall be auctioned and the revenues used for climate financing in vulnerable developing countries, including adaptation to the impacts of climate change."; A Regulation shall be adopted It shall be for Member States to Information provided to the

Amendment 41 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3d – paragraph 4 – subparagraph 1

~~It shall be for Member States to determine the use to be made of r~~(–1) in Article 3d, the first subparagraph of paragraph 4 is replaced by the following: “Revenues generated from the auctioning of allowances~~. Those revenues should~~ shall 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, especially 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-emission transport and to cover the cost of administering the Community 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. ~~(http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32008L0101&from=EN)~~Particular consideration shall be given to the Ninth Research Framework Programme.”; Or. en

Amendment 42 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3d – paragraph 4 – subparagraph 1

(–1) in Article 3d, the first subparagraph of paragraph 4 is replaced by the following: “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~~ , Member States may use a share of the revenues generated from the auctioning of allowances for finance research ange 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-emission transport and to cover the cost of administering the Community scheme. The proceeds of auctioning should be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation.d common projects in the aviation sector enabling the wide spread of GNSS for satellite-based navigation and the interoperable capabilities within all Member States, in particular those improving collective air navigation infrastructure, the provision of air navigation services and the use of airspace.”;

Amendment 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3e

(–1a) Article 3e is deleted;

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Directive 2003/87/EC
Article 28 a –paragraph 1

(a) paragraph 1 is ~~amended as follows:~~replaced by the following: “1. By way of derogation from Articles 12(2a), ~~14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators~~Member States shall reduce the number of allowances each aircraft operator is required to surrender by 50% in respect of: (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 20137 to 31 December 201620; (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 20137 to 31 December 2016; (c) the surrender of allowances, corresponding to verified 2013 emissions from flights between aerodromes located in States in the EEA, taking place by 30 April 2015 instead of 30 April 2014, and verified 2013 emissions for those flights being reported by 31 March 2015 instead of 31 March 2014. For the purposes of Articles 11a, 12 and 14, the verified emissions from flights other than those referred to in the first subparagraph shall be considered to be the verified emissions of the aircraft operator.20;";

Amendment 45 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
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 to 31 December 2020, subject to the review referred to in Article 28b.

Amendment 46 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii

Directive 2003/87/EC
Article 28 a – paragraph 1 – pont c

ii. point (c) is ~~deleted.~~replaced by the following: “(c) all emissions from flights between aerodromes located in the EEA operated as a consequence of a flight referred to in points (a) or (b) being diverted to an aerodrome located in the EEA in each calendar year from 1 January 2017, subject to the requirements of the report referred to in Article 28b.”;

Amendment 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28a – 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.~~

Amendment 48 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO, Xabier BENITO ZILUAGA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28a – paragraph 2 – subparagraph 1

From 1 January 2017, by way of derogation from Articles 3d to 3f, a~~nd until amendments subsequent to the review referred to in Article 28b have entered into force, aircraft operators shall be issued, each year, the~~ircraft operators shall be issued, each year, in respect of flights which are not subject to the derogations provided for in points (a) and (b) of paragraph 1 of this Article, 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.

Amendment 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28a – 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~~ lower number of allowances ~~that corresponds~~compared to the year 2016. From 20218 onwards that number of allowances shall be subject to the application of the linear factor in Article 9.

Amendment 50 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO, Xabier BENITO ZILUAGA

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – title

~~Reporting by the Commission on the~~Derogations applicable upon implementation of ICAO's global market- based measure

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 1

1. The Commission shall report to the European Parliament and the Council on the relevant ICAO standards and recommended practices (SARP's), ICAO Council approved recommendations relevant to the global measure or other legal instruments as well as on 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. This reporting shall be done by 1 January 2018, 1 January 2019 and regularly afterwards in accordance with the ICAO's standards-making procedures.

Amendment 52 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 1

1. The Commission shall report, annually and when appropriate, to the European Parliament and the Council on the relevant ICAO standards or other legal instruments as well as on 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.

Amendment 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 1 a (new)

1a. By way of derogation from Article 12(2a), Member States shall reduce the number of allowances each aircraft operator is required to surrender by 50% in respect of all emissions from flights to and from aerodromes located in countries outside the European Economic Area (EEA) in each calendar year from 1 January 2021 where domestic or regional measures are in place in those countries to implement ICAO’s global market based measure or the journeys are subject to a derogation under the ICAO scheme.

Amendment 54 #

Neoklis SYLIKIOTIS, Paloma LÓPEZ BERMEJO, Xabier BENITO ZILUAGA

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

Amendment 55 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate. The reports shall also examine the ambition and overall environmental integrity of the global measure including its general ambition in relation to targets under the Paris Agreement, level of public participation, enforceability, transparency, penalties for non-compliance, processes for public input, monitoring, reporting and verification of emissions registries and accountability.

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in, and in coherence with, Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate. The report shall also consider the level of ambition of the ICAO instruments in relation to the Paris Agreement, as well as their economic impact on the aviation sector.

Amendment 57 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

Amendment 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the existing and planned provisions of the Single European Sky implementation as well as the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate.

Amendment 59 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Directive 2003/87/EC
Annex IV – Part B – Monitoring of carbon dioxide emissions – paragraph 4

(3a) in Annex IV, Part B, the fourth paragraph under the heading entitled "Monitoring of carbon dioxide emissions" is replaced by the following: “Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. To account for non-CO2 effects, the emissions factors chosen shall be multiplied by two. The emission factor for biomass waste and residues shall be zero.”.

Amendment 9 #

Proposal for a regulation
Citation 1 a (new)

having regard to the Protocol (No 1) of the Treaty on the Functioning of the European Union on the role of national Parliaments in the European Union,

source: 605.969

2017/06/08 ENVI 172 amendments...

Amendment 100 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point ii

Directive 2003/87/EC
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 2013 to 31 December 2016, Member States shall publish the number of free aviation allowances allocated to each aircraft operator by 1 August 2014. As regards activity in the period from 1 January 2017 to 31 December 2020, Member States shall publish the number of free aviation allowances, including from the special reserve, allocated to each aircraft operator. Publication shall be made no later than 30 days after this regulation has entered into force. ”

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point ii

Directive 2003/87/EC
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 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c

Directive 2003/87/EC
Article 28 a – paragraph 4

4. “4. By way of derogation from Article 3d(3), the number of allowances to be auctioned by each Member State from 1 January 2013 shall be reduced to correspond to its share of attributed aviation emissions from flights which are not subject to the derogations provided for in points (a) and (b) of paragraph 1 of this Article.”;deleted

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c

Directive 2003/87/EC
Article 28 a – paragraph 4

4. By way of derogation from Article 3d(3), the number of allowances to be auctioned by each Member State ~~from 1 January 2013~~in respect of the period from 1 January 2013 to 31 December 2020 shall be reduced to correspond to its share of attributed aviation emissions from flights which are not subject to the derogations provided for in points (a) and (b) of paragraph 1 of this Article.;

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c a (new)

Directive 2003/87/EC
Article 28 a – paragraph 6

(ca) paragraph 6 is replaced by the following: “6. By way of derogation from Articles 3g, 12, 15 and 18a, where an aircraft operator has total annual emissions lower than 25 000 tonnes CO2, or where an aircraft operator has total annual emissions lower than 1 000 tonnes of CO2 from flights other than those referred to in points (a) and (b) of paragraph 1 of this Article, its emissions shall be considered to be verified emissions if determined by using the small emitters tool approved under Commission Regulation (EU) No 606/2010 and populated by Eurocontrol with data from its ETS support facility. Member States may implement simplified procedures for non-commercial aircraft operators as long as such procedures provide no less accuracy than the small emitters tool provides.”

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d a (new)

(da) paragraph 8 is deleted.

Amendment 106 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d a (new)

Directive 2003/87/EC
Article 28 a – paragraph 8

(da) paragraph 8 is deleted.

Amendment 107 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – title

~~Reporting by the Commission on the~~Derogations applicable upon implementation of ICAO's global market- based measure

Amendment 108 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph -1 (new)

-1. By way of derogation from Article 12(2a), Member States shall reduce the number of allowances each aircraft operator is required to surrender by 50% in respect of all emissions from flights to and from aerodromes located in countries outside the European Economic Area (EEA) in each calendar year from 1 January 2021 where domestic or regional measures are in place in those countries to implement ICAO’s global market based measure or the journeys are subject to a derogation under the ICAO scheme.

Amendment 109 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The ~~Commission shall report to the European Parliament and the Council on~~Member 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 o~~n o~~ther 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 110 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. TIn the period 2018 to 2020, the Commission shall report annually to the European Parliament and the Council on the relevant ICAO standards and recommended practices (SARPs), ICAO Council approved recommendations relevant to the global market-based measure or other legal instruments as well as on 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 development~~the implications of reservations by third countries and on other relevant international developments. The Commission shall also provide regular updates to the European Parliament and the Council on the establishment of a global registry and the development of the SARPs in accordance with the ICAO´s standards-making procedures.

Amendment 111 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall report to the European Parliament and the Council on the relevant ICAO standards and recommended practices (SARPs), ICAO Council approved recommendations relevant to the global market-based measure or other legal instruments as well as on 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. This reporting shall be done by 1 January 2018, 1 January 2019 and regularly afterwards in accordance with the ICAO´s standard- making procedures.

Amendment 112 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall regularly, and at least once a year, report to the European Parliament and the Council on ~~the relevant ICAO standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021,~~progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular on the relevant ICAO instruments as well as on domestic measures taken by third countries and on other relevant international developments and applicable instruments.

Amendment 113 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall regularly, and at least once a year, report to the European Parliament and the Council on progress in the ICAO negotiations, in particular on the relevant ICAO standards or other legal instruments as well as on 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.

Amendment 114 #

Nicola CAPUTO

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall report to the European Parliament and the Council annually from 2018 on the relevant ICAO standards or other legal instruments as well as on 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.

Amendment 115 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1 a (new)

1a. The Commission shall, in line with the UNFCCC's 'Global stocktake', also report on ICAO's efforts to establish a credible long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050.

Amendment 116 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

Amendment 117 #

Françoise GROSSETÊTE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

2. TWithin six months of the adoption of the relevant ICAO standards and recommended practices and before the global market-based measure becomes operational, the report should consider ways for those ICAO instruments to be implemented in Union law, particularly through a revision of this Directive, taking into account the commitments entered into by Member States of the Union to participate in the global market-based measure from 2021. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as, if appropriate taking into account compliance with the Union’s commitments under the Paris Agreement.

Amendment 118 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate. The report shall also examine the ambition and overall environmental integrity of the global measure, including its general ambition in relation to the targets under the Paris Agreement, level of public participation, enforceability, transparency, penalties for non-compliance, processes for public input, quality of offset credits, monitoring, reporting and verification of emissions registries and accountability.

Amendment 119 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. ~~The report should~~Within 12 months of the adoption by ICAO of the relevant instruments, and before the global market-based measure becomes operational, the Commission shall present a report to the European Parliament and to the Council in which it shall consider ways for those ~~ICAO~~ instruments to be implemented in Union law through a revision of this Directive~~. The report shall~~, including through the [potential] application of the linear factor in Article 9 to the number of allowances allocated to the aircraft operators. The Commission shall, in that report, also consider the rules applicable in respect of flights within the European Economic Area (EEA), as appropriate.

Amendment 120 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

Amendment 121 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. ~~The report should consider way~~By 1 March 2020, the Commission shall report to the European Parliament and the Council on the adequacy of those ICAO instruments and options for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate.

Amendment 122 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. ~~The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate.~~

Amendment 123 #

Gesine MEISSNER

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA), including the application of the linear factor referred to in Article 9, as appropriate.

Amendment 124 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. ~~The report should~~States are called upon to consider ways for those ICAO instruments to be implemented in ~~Union law through a revision of this Directiv~~their 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 125 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2 a (new)

2a. If the report indicates that enforceability, transparency and governance are sufficient for a global market-based measure, that quality requirements for offset credits are sufficient, that rules for the monitoring, reporting and verification of emissions are reliable and that equal treatment on routes is ensured, then an extension of duration of this derogation shall be proposed by the Commission for 15 years, if appropriate.

Amendment 126 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2 b (new)

2b. No extension beyond 2020 of this derogation shall take place in respect of flights to or from a third country that is not participating in the global market- based measure, if that country had quantified commitments included in Annex B to the Kyoto Protocol.

Amendment 127 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
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 with~~States are called upon to honour the Union economy-wide greenhouse gas emission reduction commitment for 2030, in accordance with the Paris Agreement.

Amendment 128 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 3

3. ~~The report may be accompanied by~~By 31 December 2021 at the latest and on the basis of the conclusions of the report, the report shall present legislative proposals, as appropriate to the European Parliament and the Council to amend, delete, extend or replace the derogations provided for in Article 28a, consistent with the Union economy-wide greenhouse gas emission reduction commitment for 2030 with the aim of ensuring full environmental integrity and effectiveness of EU climate action.

Amendment 129 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
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 with the Union economy-wide greenhouse gas emission reduction commitment for 2030. to reduce any ambiguity in advance of CORSIA becoming operational.

Amendment 13 #

Proposal for a regulation
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. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, parties will prepare, communicate and maintain successive nationally determined contributions. However, the withdrawal of the United States from the Paris Agreement should prompt the EU and its Member States to examine the effectiveness of such agreements in terms of their impact on the climate and their real capacity to reduce GHG emissions.

Amendment 130 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 3

3. The report referred to in paragraph 2 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 with the Union economy-wide greenhouse ~~gas~~ emission reduction commitment for 2030.

Amendment 131 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 3

3. The report, to be published by 1 March 2020, 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 with the Union economy-wide greenhouse gas emission reduction commitment for 2030.

Amendment 132 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 c – paragraph 1

1. The Commission shall adopt ~~provisions for~~implementing acts concerning the appropriate monitoring, reporting and verification of emissions for the purpose of implementing the ICAO global market- based measure ~~being elaborated in ICAO. Those provisions shall be based on the same principles as the Regulation~~on all routes covered by it. Those implementing acts shall be based on the relevant instruments adopted in ICAO, and shall comply with the monitoring and reporting principles referred to in Article 14 (1), and ~~shall ensure that the emissions reports submitted are verified in accordance with~~the verification principles and criteria referred to in Article 15.

Amendment 133 #

Françoise GROSSETÊTE

Proposal for a regulation
Article 1 – paragraph 1 – point 2

1. The Commission shall adopt provisions for the appropriate monitoring, reporting and verification of emissions for the purpose of implementing the global market-based measure being elaborated in ICAO. Those provisions shall accord with the recommended standards and practices adopted by ICAO and should be based on the ~~same~~ principles ~~as the Regul~~of monitoring and verification referred to in Article 14 (1) and ~~shall ensure that the emissions reports submitted are verified in accordance with~~the principles and criteria relating to verification referred to in Article 15.

Amendment 134 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
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 of~~in order to prepare for and anticipate as effectively as possible the implement~~ing~~ation 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 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 c – paragraph 2

~~2. The Commission is empowered to adopt a~~ delegated ~~act in accordance with Article [23].~~

Amendment 136 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 c – paragraph 2

2. Th~~e Commission is empowered to adopt a delegated act in accordance with~~ose implementing acts shall be adopted in accordance with the examination procedure referred to in Article [232a].

Amendment 137 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)

Directive 2003/87/EC
Article 30 – paragraph 4 a (new)

(2a) In Article 30, the following paragraph 4a is inserted: 4a. By 1 January 2020, the Commission shall present an updated analysis of then on-CO2 effects of aviation, accompanied by legal proposals how to best address these effects, if appropriate.

Amendment 138 #

Jens NILSSON, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Directive 2003/87/EC
Annex IV – Part B – Monitoring and reporting of emissions from aviation activities – Monitoring of carbon dioxide emissions

(2a) In Annex IV, Part B, the fifth paragraph under the heading entitled "Monitoring of carbon dioxide emissions" shall be replaced by the following: “Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity-specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. To account for non-CO2 effects, the emissions factors chosen shall be multiplied by two. The emission factor for biomass waste and residues shall be zero.”

Amendment 14 #

(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. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, parties will prepare, communicate and maintain successive nationally determined contributions and continuous political will in decision- making in line with the agreement is needed to ensure reaching its objectives.

Amendment 15 #

Proposal for a regulation
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; and promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change, objectives which are in clear contradiction with promoting the EU as a global economy based on free-trade principles. The combination of free-trade and EU environmental policies, including the establishment of a European quota trading system for greenhouse gas emissions encompassing aviation, has amply demonstrated its harmful effects in environmental and employment terms, resulting in massive relocations and significantly undermining the competitiveness of EU companies that are required to meet disproportionately high costs.

Amendment 16 #

Proposal for a regulation
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. 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, provided, however, that Member States’ efforts do not result in a displacement of carbon emissions in other parts of the world. The EU objectives are only meaningful if equivalent efforts are made in other regions of the world, especially those causing higher levels of pollution than the EU.

Amendment 17 #

Proposal for a regulation
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. 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 and in order to do so, a platform for exchanging best practices and lessons learned in the sector of low-emission mobility among Member States should be provided by the Commission.

Amendment 18 #

Proposal for a regulation
Recital 4

(4) The Union and its Member States have been endeavouring to advance international agreement to reduce greenhouse gas impacts from aviation since 1997 and they have legislation in place since 2008 to limit the climate change impacts from aviation activities through the EU emissions trading system (EU ETS) that has been operating since 2005. In ~~order to advance pr~~addition, since 2004 and 2008 the Member States have recommitted themselves to implementing the Single European Sky concept, taking account of growth in the volume of air traffic in the coming years. In order to achieve progress with air traffic management, the implementation of SESAR (Single European Sky ATM Research) needs to be speeded up, and innovative technologries~~s at~~ must be supported under the Clean Sky project. The introduction, through the International Civil Aviation Organization (ICAO), of the ~~Union has twice adopted time-bound derogations to the EU ETS so as to limit~~global market-based measure should contribute to further progress on aviation emissions reduction. It was for this reason that derogations were granted in relation to the compliance obligations toin respect of emissions from flights between aerodromes situated in the European Economic Area (EEA), with equal treatment on routes of aircraft operators wherever they are based. The most recent derogation from the EU ETS, Regulation (EU) No 421/2014 of the European Parliament and of the Council, limited compliance obligations to intra- EEA flights between 2013 and 2016, and envisaged potential changes to the scope of the system as regards activity to and from aerodromes situated outside the EEA from 1 January 2017 onwards following the review set out in that Regulation.

Amendment 19 #

Proposal for a regulation
Recital 4 a (new)

(4a) In order to achieve the objectives set by the Paris Agreement and a 40% reduction in greenhouse gases (GHG) by 2030, it is necessary to implement in full the Single European Sky provisions, agreement on this being hampered by certain Member States, which would make it possible to avoid airspace fragmentation and optimise traffic flows, thereby cutting emissions.

Amendment 20 #

Proposal for a regulation
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 on implementing the ICAO scheme, in order to promote momentum in ICAO and facilitate the operationalisation of the ICAO scheme. If, however, any such scheme is not achieved by the end of 2021, the extra-EEA aviation activities should be included under the EU ETS and a fund should be established for aviation operators´ contributions and collective compliance relating to CO2 emissions already covered by requirements for monitoring, reporting and verification of greenhouse gas emissions under Commission Regulation (EU) No 601/2012 and Commission Regulation (EU) No 600/2012. 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. Additionally, a share of revenues from the auction of allowances to the aviation sector should be used to improve energy efficiency and support investments in innovative technologies for the reduction of CO2 emissions in the aviation sector.

Amendment 21 #

Proposal for a regulation
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 on implementing the ICAO scheme, in order to promote momentum in ICAO and facilitate the operationalisation of the ICAO scheme. Before Member States implement the global market-based measure it must be ensured, with a view to avoiding overlap, that aviation is no longer subject to EU ETS obligations. 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 22 #

Jens NILSSON, Gabriele PREUSS, Christine REVAULT D'ALLONNES BONNEFOY

(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 on implementing 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. Profits derived from these allowances should be put into initiatives such as SESAR, Clean Sky and other innovative, performance-enhancing aviation-industry projects.

Amendment 23 #

Proposal for a regulation
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 on implementing 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. The EU shall continue to work with supporting Member States to use the revenues generated from the auctioning of allowances to be used to tackle climate change.

Amendment 24 #

Proposal for a regulation
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. The Paris Agreement entered into force on 4th November 2016. In order to achieve the goal of the Paris Agreement, parties will prepare, communicate and maintain successive nationally determined contributions. It should be noted however that the Paris Agreement of COP 21 excluded both the international aviation and maritime sectors and requested that in the case of aviation, the International Civil Aviation Organisation (ICAO) would be the most relevant body to come forward with a workable GMBM scheme.

Amendment 24 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
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 obligat~~it is considered appropriate allow for a derogation of in respect of 50% of the emissions forom flights to and from ~~third countries should be extended, subject to the review on implementing the ICAO schem~~aerodromes located in countries outside the European Economic Area (EEA) pending the implementation of the global market-based measure, 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, for flights not subject to the derogation, should be the same as would correspond to 2016, and should be proportional to the reduction of the surrender obligation.

Amendment 25 #

Proposal for a regulation
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 25 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 5

Amendment 26 #

Proposal for a regulation
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 26 #

Jens NILSSON, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Proposal for a regulation
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 report submitted to the European Parliament and Council. In order to succeed with the scheme, the EU shall continue to support its Member States and keep close cooperation with the ICAO in its role as observer, to encourage transparency of information and the progress of the ICAO agreement. That report 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 ETS. 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.

Amendment 27 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
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 27 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
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 report submitted to the European Parliament and Council. That report 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 ETS. 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. Finally, it must assess the merits of the scheme established by ICAO and be careful to ensure that its implementation does not result in distortions of competition or fraud.

Amendment 28 #

Proposal for a regulation
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 28 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 6

Amendment 29 #

Proposal for a regulation
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 29 #

Proposal for a regulation
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 report submitted to the European Parliament and Council. That report 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 ETS. It should also consider~~may replace both the EU ETS in Union law and 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.

Amendment 30 #

Gesine MEISSNER, Izaskun BILBAO BARANDICA, Pavel TELIČKA

Proposal for a regulation
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. 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 taking into account the economic and social development of the Member States and the balanced development of its regions.

Amendment 30 #

Proposal for a regulation
Recital 6 a (new)

(6a) The Commission should report to the European Parliament and to the Council on actions for the implementation of the GMBM taken by Member States to reduce greenhouse gas emissions from aviation, including information, with regard to the use of revenues, submitted by Members State in accordance with Article 17 of regulation (EU) No 525/2013.

Amendment 31 #

Proposal for a regulation
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. 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 and therefore a platform for exchanging best practices and lessons learned in the sector of low-emission mobility among Member States should be provided by the Commission.

Amendment 31 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 6 a (new)

(6a) The implementation of the Carbon Offsetting Scheme for International Aviation (Corsia) when agreed by ICAO will depend on the implementation of the Single Sky aiming at, inter alia, de- fragmenting the European airspace reducing the aviation environmental footprint;

Amendment 32 #

Proposal for a regulation
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 32 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 6 b (new)

Amendment 33 #

Proposal for a regulation
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 33 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
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, after the Member States have given their agreement, be delegated to the Commission 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 Commission carries out appropriate consultations during its preparatory work, including at expert level, and that 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 acts.

Amendment 34 #

Proposal for a regulation
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 34 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 7 a (new)

(7a) Aviation also has an impact on climate through releases of nitrogen oxides, water vapour and sulphate and soot particles at high altitudes. The International Panel on Climate Change (IPCC) has estimated that the total climate impact of aviation is currently two to four times higher than the effect of its past carbon dioxide emissions alone. Pending scientific progress, all impacts of aviation should be addressed to the extent possible. Research on the formation of condensation trails, also known as contrails, their evolution into cirrus clouds, on the smaller direct effects of sulphate aerosols, soot, water vapour contrails and cirrus clouds, and on effective mitigation measures, including operational and technical measures, should also be promoted. In accordance with Article 191 of the TFEU, Union environment policy is to be based on the precautionary principle. Pending scientific progress, and specific measures on nitrogen oxides and technical and operational measures to mitigate the other non-CO2 effects, a multiplier should be applied to carbon dioxide emissions from aviation.

Amendment 35 #

Proposal for a regulation
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 35 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 7 a (new)

(7a) Given its voluntary nature in the short and medium term, the ICAO scheme alone will be insufficient. Therefore the speedy implementation of the Single European Sky is of key importance, as the current fragmentation of European air space results in increased CO2 emissions.

Amendment 36 #

Proposal for a regulation
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 36 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 7 b (new)

(7b) Aviation has an impact on climate also through releases of nitrogen oxides, water vapour and sulphate and particles at high altitudes. It is highly important to take action in order to address the non- CO2 effects in aviation in view of increasing scientific evidence. Therefore, pending scientific progress, all impacts of aviation should be addressed.

Amendment 37 #

Proposal for a regulation
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 37 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 8

(8) As a simplification and in order to lighten administrative tasks for the smallest aircraft operators and for outermost regions, non-commercial aircraft operators emitting less than 1000 tonnes CO2 per annum and outermost regions 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 future all operators contribute to emission reductions.

Amendment 38 #

Proposal for a regulation
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 38 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3 d

–1a Article 3 d is replaced by the following: Article 3d Method of allocation of allowances for aviation through auctioning 1. In the period referred to in Article 3c(1), 15 % of allowances shall be auctioned. 2. From 1 January 2013, 15 % of allowances shall be auctioned. This percentage may be increased as part of the general review of this Directive. 3. A Regulation shall be adopted containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2 of this Article or Article 3f(8). The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3c(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3c the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates. All allowances for aviation activities shall be auctioned and the revenues used for climate financing in vulnerable developing countries, including adaptation to the impacts of climate change. Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20151029&qid=1496823210412&from=FR)

Amendment 39 #

Proposal for a regulation
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 obligat~~it is considered appropriate allow for a derogation of in respect of 50% of the emissions forom flights to and from ~~third countries should be extended, subject to the review on implementing the ICAO schem~~aerodromes located in countries outside the European Economic Area (EEA) pending the implementation of the global market-based measure, 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, for flights not subject to the derogation, should be the same as would correspond to 2016, and should be proportional to the reduction of the surrender obligation.

Amendment 39 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 b (new)

Directive 2003/87/EC
Article 3 d – paragraph 2

–1b In Article 3d, paragraph 2 is replaced by the following: 2. From 1 January 20213, 15 00% of allowances shall be auctioned. ~~This percentage may be increased as part of the general review of this Directive. (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087-~~Or. en 20151029&qid=1496823210412&from=FR)

Amendment 40 #

Proposal for a regulation
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 on implementing the ICAO scheme, in order to promote momentum in ICAO and facilitate the operationalisation of the ICAO scheme. If, however, any such scheme is not achieved by the end of 2021, the extra-EEA aviation activities should be included under the EU ETS and a fund should be established for aviation operators’ contributions and collective compliance relating to CO2 emissions already covered by requirements for monitoring, reporting and verification of greenhouse gas emissions under Commission Regulation (EU) No 601/2012 and Commission Regulation (EU) No 600/2012. 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. Additionally, a share of revenues from the auction of allowances to the aviation sector should be used to improve energy efficiency and support investments in innovative technologies for the reduction of CO2 emissions in the transport sector.

Amendment 40 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point -1 c (new)

Directive 2003/87/EC
Article 3 d – paragraph 4 – subparagraph 1

~~4. It shall be for Member States to determine the use to be made of revenues generated from the auctioning of allowances. Those~~–1c In Article 3d(4), the first subparagraph is replaced by the following: 4. All revenues sh~~ould~~all be used to tackle climate change in the EUnion and third countries, inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change in the EUnion 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-emission transport and to cover the cost of administering the ~~Community~~Union scheme. The proceeds of auctioning ~~should~~may also be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation. Transparency on the use of revenues generated from the auctioning of allowances under Directive 2003/87/EC is fundamental to underpinning Union commitments. Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20151029&qid=1496823210412&from=FR)

Amendment 41 #

Proposal for a regulation
Recital 5

Amendment 41 #

Proposal for a regulation
Article 1 – paragraph 1 d (new)

Directive 2003/87/EC
Article 3 d – paragraph 4 – subparagraph 1

The first subparagraph of Article 3d(4) is replaced by the following: 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~~ , provided that Member States use a share of the revenues generated from the auctioning of allowances for financing research ange 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-emission transport and to cover the cost of administering the Community scheme. The proceeds of auctioning should be used to fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation. d common projects in the aviation sector enabling the wide spread of GNSS for satellite-based navigation and the interoperable capabilities within all Member States, in particular those improving collective air navigation infrastructure, the provision of air navigation services and the use of airspace. Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32003L0087)

Amendment 42 #

Julie GIRLING

Proposal for a regulation
Recital 5 a (new)

(5a) Following implementation of a global market-based measure, 50 % of allowances should be auctioned from 1 January 2021, while the total number of allocated allowances should be subject to the application of the linear reduction factor as provided for in Article 9 of Directive 2003/87/EC.

Amendment 42 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point -1 e (new)

Directive 2003/87/EC
Article 3 e

~~lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2003L0087:20090625:en:PDF)~~–1e Article 3 e is deleted Or. en (http://eur-

Amendment 43 #

Proposal for a regulation
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 43 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 f (new)

Directive 2003/87/EC
Article 3 f – paragraph 8

~~8. Any unallocated allowances in the special reserve shall be auctioned by Member States.~~ –1f In Article 3 f , paragraph 8 is replaced by the following: 8. Any unallocated allowances shall be available until 31 December 2020 to research and quantify the non-C02 effects of aviation on climate change and ways to mitigate these effects, as was first called for in 2008. Or. en (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20151029&qid=1496823210412&from=FR)

Amendment 44 #

Proposal for a regulation
Recital 5 a (new)

(5a) Investment in research and development in the fields of low emission transport and sustainable alternative aviation fuels should be facilitated by revenues generated from auctioned allowances.

Amendment 44 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 g (new)

Directive 2003/87/EC
Article 3 f – paragraph 8

(–1g) Article 3(f)(8) is replaced by the following: 8. Any unallocated allowances in the special reserve shall be ~~auctioned by Member States. (http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087-~~made available until 31 December 2020 to research and quantify the non-C02 effects of aviation on climate change and ways to mitigate these effects. Or. en 20151029&qid=1496823210412&from=FR)

Amendment 45 #

Julie GIRLING

Proposal for a regulation
Recital 5 b (new)

(5b) Emission offsets under the global market-based measure (GMBM) comprise one element in ICAO's basket of measures to achieve the aspirational goal of carbon neutral growth from 2020 (CNG 2020) and should be complemented by advances in airframe and propulsion technologies. Continued funding for research strategies and programmes such as the Clean Sky Initiative, SESAR and Horizon 2020 will be essential to technological innovation and operational improvements in order to go beyond CNG 2020 and achieve sector-wide absolute emission reductions.

Amendment 45 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point -1 h (new)

Directive 2003/87/EC
Article 3 f – paragraph 8 a (new)

–1h 8a. The Commission shall, by December 31st 2018, make a proposal to address NOx emissions from aviation as was originally envisaged in Directive 2008/101/EC. The Commission shall, by January 1st 2021, put forward proposals on technical and operational measures to mitigate the other non-CO2 effects of aviation.

Amendment 46 #

Proposal for a regulation
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 46 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – introductory part

Amendment 47 #

Proposal for a regulation
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 47 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 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 to 31 December 2021, subject to the review referred to in Article 28b.

Amendment 48 #

Proposal for a regulation
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 participating States and regions, ~~it is considered appropriate for a review to take place once there is clarity about the nature and cont~~the Commission should report regularly to the European Parliament and ofto the~~se legal instruments in advance of the start of ICAO's global market-based measure, and a report submitted to the European Parliament and Council. That report should consider any standards or other~~ Council on progress in the ICAO negotiations, in particular on relevant 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 and applicable instruments (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 ETS. It should also~~Once there is clarity about the nature and content of the ICAO instruments and in advance of the start of ICAO's global market-based measure, the Commission should present a report in which it should consider how to implement these instruments in Union law through a revision of the EU ETS Directive as well as consider the expected impact and the scope of possible application of the linear factor to the number of allowances issued to the aircraft operators from 1 January 2021. That report should further consider the rules applicable to intra-EEA flights, as appropriate. TIn doing so, that report should reflect projected administrative costs for Member States and burdens that may be imposed on aircraft operators in order to minimise duplication and imposition of any undue administrative burden. That report could 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.

Amendment 48 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 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 201~~3, subject to the review referred to in Article 28b.~~7 to 31 December 2020;

Amendment 49 #

Proposal for a regulation
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 re~~view 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 report~~port 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 ETS~~the 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 49 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – subparagraph 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 201~~3, subject to the review referred to in Article 28b.~~7 to 31 December 2020;"

Amendment 50 #

Proposal for a regulation
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 report submitted to the European Parliament and Council. That report 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 ETS. ~~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.

Amendment 50 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28a – paragraph 2 – subparagraph 1

From 1 January 2017, by way of derogation from Articles 3d to 3fe and until amendments subsequent to the review referred to in Article 28b have entered into force, the total quantity of allowances to be allocated to aircraft operators in 2021 shall be ~~issued, each year, the number of allowances that corresponds~~10% lower than the average allocation for the period from 1 January 2014 to 31 December 2016 , and then decrease annually at the same rate as that of the total cap for the EU ETS referred to in the ~~year 2016. From 2021 onwards that number of~~second subparagraph of Article 10(1) so as to bring the cap for the aviation sector more in line with the other EU ETS sectors by 2030. By way of derogation from Article 3f(8), allowances stha~~ll be subject to the application of the linear factor in Article 9~~t are not allocated, as a result of the application of the first subparagraph of this paragraph, shall be cancelled. 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.

Amendment 51 #

Jens NILSSON, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Proposal for a regulation
Recital 6

Amendment 51 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
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 in order to maximise the effort of the Union's contribution to reaching the Paris Agreement.

Amendment 52 #

Proposal for a regulation
Recital 6 a (new)

(6a) It should also be considered that the success of the Carbon Offsetting Scheme for International Aviation (CORSIA) when agreed at ICAO will depend on the avoidance of conflicting or duplicate schemes at domestic and regional level, in order not to create distortions of competition nor an unacceptable administrative burden. Moreover, the implementation of CORSIA within the Union should take account of the review every three years which will allow for further improvements to be made to the scheme.

Amendment 52 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87 CE
Article 28 a – paragraph 2 – subparagraph 1

Amendment 53 #

Proposal for a regulation
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 53 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

Amendment 54 #

Proposal for a regulation
Recital 6 a (new)

(6a) To facilitate necessary preparation for the implementation of the ICAO Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), regulatory authorities and aircraft operators should have information concerning monitoring, reporting and verification (MRV).

Amendment 54 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – heading

~~Reporting by the Commission on the~~Derogations applicable upon implementation of ICAO's global market- based measure

Amendment 55 #

Proposal for a regulation
Recital 6 a (new)

(6a) In order to ensure that existing and future EU domestic climate standards are respected, and without prejudice to the review referred to in Article 28b of Directive 2003/87/EC, CORSIA should be implemented in, and made consistent with, EU law through the EU ETS.

Amendment 55 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2 (new)

By way of derogation from Article 12(2a), Member States shall reduce the number of allowances each aircraft operator is required to surrender by 50% in respect of all emissions from flights to and from aerodromes located in countries outside the European Economic Area (EEA) in each calendar year from 1 January 2021 where domestic or regional measures are in place in those countries to implement ICAO’s global market based measure or the journeys are subject to a derogation under the ICAO scheme.

Amendment 56 #

Proposal for a regulation
Recital 6 a (new)

(6a) Given that the voluntary nature of ICAO scheme is insufficient alone, it is important that the Single European Sky is speedily implemented as the current fragmentation of European air space results in increased CO2 emissions.

Amendment 56 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. TIn 2019, the Commission shall report to the European Parliament and the Council on the relevant ICAO standards ~~or other legal instruments~~and recommended practices (SARPs), ICAO Council approved recommendations relevant to the Global Market-based Measure Task Force (GMT) as well as on 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. The Commission shall also report on ICAO’s efforts to establish a credible long-term goal for the sector.

Amendment 57 #

Proposal for a regulation
Recital 6 b (new)

(6b) Several legislative acts have been adopted at Union level which aim at preventing the fragmentation of European airspace in order to enhance the flow of air traffic and control of airspace usage. Within the Union, the CORSIA scheme should be viewed as part of ICAO's so-called "basket of measures" alongside full implementation by Member States of Single European Sky legislation, SESAR, the use of Galileo for satellite- based navigation (EGNOS, GNSS and Copernicus) and Joint Technology Initiatives such as Clean Sky I and Clean Sky II. All revenues from the proceeds of future auctioning of allowances should be ring-fenced for these and any other further research and development programmes involving the aviation sector.

Amendment 57 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

Amendment 58 #

Proposal for a regulation
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 58 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall report to the European Parliament and the Council on the relevant ICAO standards or other legal instruments as well as on 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 as well as the possible application of the linear reduction factor to the number of allowances allocated to aircraft operators.

Amendment 59 #

Jens NILSSON, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Proposal for a regulation
Recital 6 b (new)

(6b) Aviation has an impact on climate also through releases of nitrogen oxides, water vapour and sulphate and particles at high altitudes. It is highly important to take action in order to address the non- CO2 effects in aviation in view of increasing scientific evidence. Therefore, pending scientific progress, all impacts of aviation should be addressed.

Amendment 59 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

Amendment 60 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
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 60 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 1

1. The Commission shall report to the European Parliament and the Council at least once a year on the relevant ICAO standards or other legal instruments as well as on domestic measures taken by third countries to ~~implement~~apply the global market-based measure to ~~be applied to emissions from 2021, and on other relevant international developments~~all emissions in international aviation from 2021.

Amendment 61 #

Proposal for a regulation
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. I~~t is of particular importance that the Commission~~n order to do so, it may carr~~ies~~y 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 61 #

Franck PROUST

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/CE
Article 28 b – paragraph 1

1. The Commission shall report to the European Parliament and the Council on the relevant ICAO standards ~~or other legal instrument~~and recommended practices as well as on 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.

Amendment 62 #

Proposal for a regulation
Recital 7

(7) ~~In order to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legisl~~To prepare for the implementation of the ICAO global market-based measure, it is necessary to dispose of relevant data regarding the emissions from aviativeon act~~, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission to adopt measures for~~ivities. These emissions should be monitored, reported and verified in accordance with the same principles as those applicable to the monitoring, reporting and verification (MRV) 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 Commission carries out appropriate consultations during its preparatory work, including at expert level, and that 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,from aviation activities under the EU ETS Directive. In order to ensure uniform conditions for the implementation of the MRV of emissions applicable to aircraft operators for the purpose of implementing the ICAO global market-based measure, implementing powers should be conferred on the Commission. Those implementing powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of 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 acts~~3. The MRV provisions should be without prejudice to the review and possible proposal in advance of the start of ICAO's global market-based measure.

Amendment 62 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

Amendment 63 #

Proposal for a regulation
Recital 7 a (new)

(7a) If the ICAO global market-based measure fails to meet the ambition of the Paris agreement, additional mitigation measures such as further research and development in sustainable and renewable fuels in the aviation sector or operational improvements in air traffic management should be considered.

Amendment 63 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the rules applicable in respect of flights within the European Economic Area (EEA) as appropriate. The report shall also examine the ambition and overall environmental integrity of the global measure, including its general ambition in relation to the targets under the Paris Agreement, level of public participation, enforceability, transparency, penalties for non-compliance, processes for public input, quality of offset credits, monitoring, reporting and verification of emissions registries and accountability.

Amendment 64 #

Proposal for a regulation
Recital 7 a (new)

Amendment 64 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28b – paragraph 2

2. The report should consider ways for those ICAO instruments to be implemented in Union law through a revision of this Directive. The report shall also consider the ~~rules applicable in respect of flights within the European Economic Area (EEA) as appropriate~~ambition and overall environmental integrity of the measure as it relates to elements including overall ambition of the target in relation to requirements of the Paris agreement , level of participation, enforceability, transparency and penalties for non-compliance, processes for public input and credit quality.

Amendment 65 #

Jens NILSSON, Christine REVAULT D'ALLONNES BONNEFOY, Gabriele PREUSS

Proposal for a regulation
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 future all operators contribute to emission reductions~~. It should also be restated that points (a) to (k) in the section 'Aviation activities' in Annex I to Directive 2003/87/EC provide for exemptions from the categories of activity to which that Directive applies. As part of the proposed review outlined in Article 28b of that Directive, the continued exclusion of these flights should be reconfirmed.

Amendment 65 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Amendment 66 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Recital 8

Amendment 66 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 2

Amendment 67 #

Proposal for a regulation
Recital 8 a (new)

(8a) Since, in the long term, CO2- neutral aviation is possible only if biofuels are used to some extent, the Union should take account of that fact within its renewables policy in general, and biofuels policy in particular, and establish an environment in which a sufficient share of sustainable biofuels is available for aviation.

Amendment 67 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
Article 28 b – paragraph 3

3. ~~The report may be accompanied by~~On 31 December 2021 at the latest and on the basis of the conclusions of the report, the report shall present legislative proposals, as appropriate to the European Parliament and the Council to amend, delete, extend or replace the derogations provided for in Article 28a, consistent with the Union economy-wide greenhouse gas emission reduction commitment for 2030 with the aim of ensuring full environmental integrity and effectiveness of EU climate action.

Amendment 68 #

Proposal for a regulation
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 68 #

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Directive 2003/87/EC
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 with the Union economy-wide greenhouse gas emission reduction commitment for 2030Any legislative proposal which adjusts the scope of aviation activity in this scheme after 2020 shall not be issued until the conclusion and publication of such a report.

Amendment 69 #

Proposal for a regulation
Recital 9 a (new)

(9a) It is accepted that climate- damaging aviation emissions produce more than CO2 effects. Directive 2008/101/EC of the European Parliament and of the Council1a contained a Commission undertaking to submit an appropriate proposal on nitrogen oxides in 2008. Despite the technical and political difficulties involved, the Commission should speed up its work in this connection. __________________ 1aDirective 2008/101/EC of the European Parliament and of the Council of 19 November 2008, amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).

Amendment 69 #

Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)

Directive 2003/87/EC
Annex IV – Part B – paragraph 5

(3a) In Annex IV, Part B, the fifth paragraph under the heading entitled "Monitoring of carbon dioxide emissions" shall be replaced by the following: Default IPCC emission factors, taken from the 2006 IPCC Inventory Guidelines or subsequent updates of these Guidelines, shall be used unless activity- specific emission factors identified by independent accredited laboratories using accepted analytical methods are more accurate. To account for non-CO2 effects, the emissions factors chosen shall be multiplied by two. The emission factor for biomass waste and residues shall be zero.

Amendment 70 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Recital 9 a (new)

(9a) As emission offsets and reductions through marked-based measures need to be complemented with absolute emission reductions through technological innovations, continued funding for research strategies and programmes such as CleanSky, SESAR and H2020 are essential to allow continual investment in green and innovative technology and operational improvements.

Amendment 71 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3 c – paragraph 3 a (new)

(-1) In Article 3c, the following paragraph 3a is inserted: ´3a. The total quantity of allowances to be allocated to aircraft operators in 2021 shall be 10% lower than the average allocation for the period from 1 January 2014 to 31 December 2016, and then decrease annually at the same rate as that of the total cap for the EU ETS referred to in the second subparagraph of Article 9 so as to bring the cap for the aviation sector more in line with the other EU ETS sectors by 2030. ’

Amendment 72 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3 d

"(-1) Article 3d is replaced by the following: "Article 3d Method of allocation of allowances for aviation through auctioning 1. In the period referred to in Article 3c(1), 15 % of allowances shall be auctioned. 2. From 1 January 2013, 15 % of allowances shall be auctioned. This percentage may be increased as part of the general review of this Directive. 3. containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2 of this Article or Article 3f(8). The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to ing Article 3c(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3c the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates. That Regulation, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3). 4. 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-emission transport and to cover the cost of administering the Community 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 paragraph. 5. Commission pursuant to this Directive does not free Member States from the notification obligation laid down in Article 88(3) of the Treaty.ll allowances for aviation activities shall be auctioned and the revenues used for climate financing in vulnerable developing countries, including adaptation to the impacts of climate change." A Regulation shall be adopted It shall be for Member States to Information provided to the

Amendment 73 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3 d – paragraph 2

(-1) In Article 3d, paragraph 2 is replaced by the following: "2. From 1 January 20213, 1500 % of allowances shall be auctioned. ~~This percentage may be increased as part of the general review of this Directive.~~"

Amendment 74 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3 d – paragraph 2

(-1) In Article 3d, paragraph 2 is replaced by the following: "2. From 1 January 20~~13, 15~~21, 50 % of allowances shall be auctioned~~. This percentage may be increased as part of the general review of this Directiv~~, provided that these are not needed to avoid the application of Article 10a (5) between 2021 and 2030, in which case they shall be used for this purpose."

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3 d – paragraph 2

(-1a) In Article 3d, paragraph 2 is replaced by the following: ‘2. From 1 January 20~~13, 15~~21, 50 % of allowances shall be auctioned. ~~This percentage may be increased as part of the general review of this Directive’.~~’

Amendment 76 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3 d – paragraph 4

~~4. It shall be for Member States to determine the use to be made of revenues generated from the auctioning of allowances. Those~~(-1a) In Article 3d(4), the first subparagraph is replaced by the following: "4. All revenues sh~~ould~~all 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-emission transport and to cover the cost of administering the Community 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 paragraph."

Amendment 77 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
Article 3 d – paragraph 4 – subparagraph 1

(-1) In Article 3d(4), the first subparagraph is replaced by the following: "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-emission transport and to cover the cost of administering the Community 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., provided that those revenues are ring- fenced for research and development projects such as the SESAR Joint Undertaking and the Clean Sky Joint Technology Initiatives, and any future research and development initiative which will mitigate greenhouse gas emissions in the aviation sector."

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3 e

(-1a) Article 3e is deleted.

Amendment 79 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 a (new)

Directive 2003/87/EC
Article 3 f – paragraph 8

(-1a) In Article 3f, paragraph 8 is replaced by the following: 8. "Any unallocated allowances ~~in the special reserve~~shall be available until 31 December 2020 to research and quantify the non-CO2 effects of aviation on climate change and ways to mitigate these effects. The Commission shall, b~~e auctioned by Member States.~~y January 1 2020, put forward proposals to mitigate and address the non-CO2 effects of aviation."

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 b (new)

~~8. Any unallocated allowances in the special reserve shall be auctioned by Member State~~(-1b) In Article 3f, paragraph 8 is replaced by the following: "8. Any unallocated allowances in the special reserve shall be made available until 31 December 2020 to research and quantify the non-C02 effects of aviation on climate change and ways to mitigate these effects."

Amendment 81 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point -1 b (new)

Directive 2003/87/EC
Article 12 – paragraph 3

(-1b) In Article 12, paragraph 3 is replaced by the following: "3. Member States shall ensure that, by 30 April each year, the operator of each installation surrenders a number of allowances, ~~other than allowances issued under Chapter II,~~ equal to the total emissions from that installation during the preceding calendar year as verified in accordance with Article 15, and that these are subsequently cancelled."

Amendment 82 #

Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)

Directive 2003/87/EC
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 83 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a

Directive 2003/87/EC
Article 28 a – paragraph 1

(a) paragraph 1 is ~~amended as follows:~~ replaced by the following: "1. By way of derogation from Article 12(2a), Member States shall reduce the number of allowances each aircraft operator is required to surrender by 50% in respect of: (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 2017 to 31 December 2020; (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 2017 to 31 December 2020;"

Amendment 84 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – point a

Amendment 85 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – point a

Amendment 86 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
Article 28 a – paragraph 1 – point a

Amendment 87 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
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 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
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 89 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i

Directive 2003/87/EC
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 to 31 December 2020, subject to the review referred to in Article 28b.

Amendment 90 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point i a (new)

Directive 2003/87/EC
Article 28 a – paragraph 1 – point b a (new)

(ia) point ba is added: (ba) all emissions from flights between aerodromes located in the EEA and operated as a consequence of a flight as referred to in points (a) or (b) of this paragraph being diverted to an aerodrome located in the EEA in each calendar year from 1 January 2017, subject to the review referred to in Article 28b.

Amendment 91 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii

Directive 2003/87/EC
Article 28 a – paragraph 1 – point c

(ii) point (c) is ~~deleted.~~ replaced by the following:. “(c) the surrender of allowances, corresponding to verified 2013 emissions from flights between aerodromes located in States in the EEA, taking place by 30 April 2015 instead of 30 April 2014, and verified 2013 emissions for those flights being reported by 31 March 2015 instead of 31 March 2014.”

Amendment 92 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point ii a (new)

Directive 2003/87/EC
Article 28 a – paragraph 1 – point c a (new)

(iia) point (ca) is added: (ca) all emissions from flights between aerodromes located in the EEA performed by an commercial aircraft operator that has total annual emissions lower than 1 000 tonnes of CO2 from flights other than those referred to in points (a) and (b) of this paragraph, operated as a consequence of a flight referred to in points (a) or (b) of this paragraph being diverted to an aerodrome located in the EEA in each calendar year from 1 January 2017 to 31 December 2020, subject to the requirements of the report referred to in Article 28b.

Amendment 93 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

~~From 1 January 2017, b~~By way of derogation from Articles 3~~d to~~e and 3f, a~~nd until amendments subsequent to the review referred to in Article 28b have entered into force, aircraft operators~~ircraft operators benefiting from the derogations provided for in points (a) and (b) of paragraph 1 of this Article shall be issued, each year, ~~the~~a number of free allowances ~~that corresponds to the year 2016. From 2021 onwards that number of allowances shall be subject to the app~~reduced in proportion to the reduction of the surrender oblicgation ~~of the linear factor in Article 9~~provided for in those points.

Amendment 94 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

Amendment 95 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

Amendment 96 #

Gesine MEISSNER

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

Amendment 97 #

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
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 98 #

Gerben-Jan GERBRANDY, Fredrick FEDERLEY, Iskra MIHAYLOVA

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b – point i

Directive 2003/87/EC
Article 28 a – paragraph 2 – subparagraph 1

From 1 January 2017 to 31 December 2020, 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.

Amendment 99 #