2021/0207(COD) | [ParlTrack]

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that outermost region.’;deleted

Amendment 187 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the ~~same Member State~~EEA outside that outermost region, in Switzerland or in the United Kingdom.;

Amendment 188 #

Pascal CANFIN, Stéphane BIJOUX

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. By way of derogation from Articles 12(2a3b), 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 in respect of emissions taking place ~~until 2030~~ from flights ~~between~~to and from an aerodrome located in an outermost region ~~of a Member State and an aerodrome located in the same Member State outside that~~, from flights between two different outermost regions and between islands inside outermost regions.;

Amendment 189 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 2030 from flights ~~between~~from and to an aerodrome located in an outermost region ~~of a Member State and an aerodrome located in the same Member State outside that outermost reg~~within the meaning of Article 349 of the Treaty on the Functioning of the European Union.’;

Amendment 190 #

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

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

1. ~~In 2024, 25% of the quantity of~~As from [the year following the entry into force of this Directive], all allowances in respect of which free allocation would have taken place ~~as published~~in that year, calculated from the publication in accordance with Article 3c shall be auctioned.’,

Amendment 191 #

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

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

1. In 2024, 215% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,

Amendment 192 #

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

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

1. In 20247, 25% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,

Amendment 193 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

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

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

1. ~~In 2024, 25%~~From 1 January 2024, the entirety of the quantity of allowances in respect of which free allocation would have taken place ~~as published in accordance with Article 3c~~in that year shall be auctioned.’,

Amendment 194 #

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

1. InAs of 1 January 2024, ~~25%~~all of the quantity of allowances in respect of which free allocation would have taken place ~~as published in accordance with Article 3c~~in that year shall be auctioned.’,

Amendment 195 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

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

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

1. InAs from 1 January 2024, ~~25%~~all of the quantity of allowances in respect of which free allocation would have taken place ~~as published in accordance with Article 3c~~in that year shall be auctioned.’,

Amendment 196 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d

(b) the following paragraph 1a, 1b, 1c and 1d are added: 1a. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1b. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1c. quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’, 1.d. for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,deleted In 2025, 50% of the quantity of In 2026, 75% of the quantity of As from 1 January 2027, all of the Allowances which are allocated

Amendment 197 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d

Amendment 198 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d

Amendment 199 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraphs 1 a to 1 d

Amendment 200 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

1a. In 2025, 50% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.deleted

Amendment 201 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

1a. InFrom 2025 to 2029, 50% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 202 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

1a. In 20258, [50]% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 203 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

1a. In 20258, 50% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 204 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2033/87/EC
Article 3 d – paragraph 1 b

1b. In 2026, 75% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.deleted

Amendment 205 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 b

Amendment 206 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 b

1b. In 20269, [75]% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 207 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 b

1b. In 20269, 75% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 208 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

~~1c. As from 1 January 2027, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,~~deleted

Amendment 209 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 2027, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned, except for the quantity of allowances referred to in Article 3c(5a). ’,

Amendment 210 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 2027, 6,all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned~~. ’,~~, except for the quantity of allowances referred to in Article 3c(5a).

Amendment 211 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 2027, all of the quantity of allowances in respect of which free allocation would have taken place in ~~that~~specific years shall be auctioned.’,

Amendment 212 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,

Amendment 213 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,

Amendment 214 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,

Amendment 215 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

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

1d. Allowances which are allocated for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,deleted

Amendment 216 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

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

1.d. Allowances which are allocated for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 20236. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 202~~3.’,~~6.

Amendment 217 #

Proposal for a directive
Article premier – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 d a (new)

1da. Upon entry into force of the revised Directive 2003/87/EC, emission allowances for flights to and from aerodromes in an outermost region shall continue to be allocated free of charge with a view to preserving the connectivity, territorial continuity and territorial services of the Union’s outermost regions.

Amendment 218 #

Proposal for a directive
Article 1– paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 d b (new)

1db. Upon entry into force of the revised Directive 2003/87/EC, emissions allowances shall continue to be allocated free of charge to aircraft operators for intra-European routes serving a connecting airport in the Union. The Commission shall propose a list of routes eligible for this exemption, qualified, for example, by a minimum rate, set by the Commission, of connecting passengers on the route, and it shall apply to all aircraft operators operating the route, with a view to ensuring fair competition between operators within the Union.

Amendment 219 #

Jens GIESEKE, Michael GAHLER, Karolin BRAUNSBERGER-REINHOLD

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

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

(c) paragraph 2 is ~~deleted,~~ replaced by the following: ‘The Commission may adopt implementing acts, preceding close consultation with Member States, to establish revised rules of free allocation during the phase-out of free allowances foreseen by paragraphs 1, 1a, 1b, 1c and 1d of this Article in order to level the playing field for all aircraft operators. The total volume of free allowances for aircraft operators shall be determined on the basis of: – the three-year average of the free allocation to the sector in the period [2021-2023] corresponding to the derogation (without international flights outside the EEA); – a linear reduction factor; – and others, where deemed appropriate by Member States or the Commission, which address specific problems which impede in the achievement of the targets or hinder the level playing field for all aircraft operators; in order to take account of current operating volumes and economic trends.’;

Amendment 220 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point c

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

(c) paragraph 2 is ~~deleted,~~ replaced by the following: ‘To avoid carbon leakage and distortion of competition, an adjustment mechanism shall be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the Union and vice versa. This adjustment mechanism is calculated as follows per aircraft operator: In accordance with Annex IV and by 31 March of each year, aircraft operators operating flights where the Treaty applies, shall report to the national competent authority and the verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA ("transfer passengers") to the total number of passengers on this connection ("passengers"); The adjustment for each city pair equals: (number of transfer passengers / total number of passengers) x fuel consumption x emission factor; The cumulative amount of this adjustment mechanism for all city pairs together shall be deducted from the total amount of verified emissions, of which the corresponding allowances are to be surrendered by the aircraft operator in that same period.’;

Amendment 221 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt ~~delegated acts~~ implementing ac~~cordance with Article 23~~ts to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1~~, 1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’~~ of this Article,

Amendment 222 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, 1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning, in accordance with Decision (EU, Euratom) 2020/2053, to the general budget of the Union.’,

Amendment 223 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

‘The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, 1a, 1b~~, 1c~~ and 1dc of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,

Amendment 224 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1~~, 1a, 1b, 1c and 1d~~ of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,

Amendment 225 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1~~, 1a, 1b, 1c and 1d~~ of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,

Amendment 226 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1~~, 1a, 1b, 1c and 1d~~ of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,

Amendment 227 #

Claudia GAMON, Martin HOJSÍK, Frédérique RIES, Michal WIEZIK

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

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

(da) the following paragraph is inserted: (3a) The additional revenue generated by auctioning allowances to aircraft operators shall be used, as soon as the revised Directive 2003/87/EC enters into force, to bring about a rapid and efficient transition for the aviation sector. All or part of the additional revenue shall be allocated to the EU Innovation Fund, as part of which an aviation programme must be set up with the aim of stimulating research and development, scaling up production and the use of sustainable aviation fuels and synthetic fuels, and fostering technological disruption in the aviation sector.

Amendment 228 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

4. ~~Member States shall determine t~~The use of revenues generated from the auctioning of allowances ~~covered by this Chapter~~to aviation, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union~~. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).;~~ shall be the following: (a) 50 % shall be made available to finance projects to reduce aviation’s total climate impact through the fund set up in Article 10a(8); (b) 20 % of the revenues generated from international flights referred to in Article 3da(2) shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) Member States shall determine the use of the remaining revenues generated in line with Article 10(3). An amount of the fund set up in Article 10a(8) equal to the revenues referred to in point (a) shall be used for the fast transition towards clean technologies in aviation, in particular those related to the uptake and deployment of zero-carbon aviation fuels as well as projects for implementing operational, aeronautics, airframe and engine innovation, to reduce total climate impacts.

Amendment 229 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 230 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter~~, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union~~. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).;

Amendment 231 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

4. ~~Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except~~Without prejudice for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union., Member States shall use 25% of the revenues generated from the auctioning of allowances covered by this Article in accordance with Article 10(3).; The remaining 75 % of the revenues generated from the auctioning of allowances covered by this Article shall be allocated to the Aviation Fund pursuant to Article 3db.

Amendment 232 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 233 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 234 #

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

Directive 2003/87/EC
Article 3 d a (new)

(2a) The following article is added: ‘Article 3da Maintaining aviation’s contribution to economy wide emissions reductions 1. In order to maintain economy wide emissions reductions consistent with the Union’s and its Member States Nationally Determined Contribution for 2030, and by way of derogation to Article 25a, from 1st April 2025, aircraft operators shall surrender allowances for emissions on all flights departing from or arriving at an aerodrome located in the EEA, in the previous calendar year. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in Articles 9 and 28a shall continue to apply. 3. To ensure emissions are not priced twice for flights and to take due account of CORSIA offsetting obligations above a baseline set at 2019 level for the years 2021-2023 and set at the average of 2019- 2020 level for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes. The Commission shall determine the methodology and mechanism to proceed to this reimbursement, which could require to convert the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The revenues generated from the auctioning of allowances covered by this Article, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union, shall be allocated the following: (a) 75% of the revenues generated shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; and (b) 25% of the revenues shall be allocated to the Aviation Fund as laid out in Article 3db. 5. The Commission shall engage with third countries with the aim of establishing bilateral agreements on measures to reduce greenhouse gas emissions from all flights departing from an aerodrome located in the EEA to a third country or arriving at an aerodrome located in the EEA from a third country. In the event of reaching a bilateral agreement with a third country, the Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by introducing proportionate reduction of the scope of application of the Union measures taken under this Article between the particular third country and the Member States. 6. The provisions of this Article will be subject to the review process as defined by Article 28b.’;

Amendment 235 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

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

Directive 2003/87/EC
Article 3 d a (new)

(2a) The following article is added: ‘Article 3da International aviation activities 1. By way of derogation from the relevant provisions in Article 11a, 12 and 25a, from 1 April 2025, each year aircraft operators shall surrender allowances for emissions on all flights departing from or arriving at an aerodrome located in the EEA, in the previous calendar year. 2. To take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021-2023 and at the average of the 2019-2020 level for 2024 onwards, aircraft operators shall be able to deduct the financial value of their expenditure on credits used for compliance with CORSIA for flights to or from countries that are listed in the implementing act adopted pursuant to Article 25a(3). Each year, operators shall publish and inform the European Commission about the CORSIA offsets paid the previous year for each route. The Commission shall establish the financial value of the offsets eligible for subtraction from the EU ETS surrender requirement for each route. The Commission shall adopt a delegated act in accordance with Article 23 to determine the methodology and mechanism for this subtraction. For this purpose, the Commission shall consider the price of EU ETS allowances to be the average price in the respective compliance year. 3. To account for the complete scope of aviation activities pursuant to paragraph 1 and 2, the total quantity of allowances to be allocated for aviation shall be increased by the levels of allocations for the additional departing and incoming flights in 2023, which would have been made if they were covered by the EU ETS in that year. Allowances shall be cancelled equivalent to the CORSIA expenditure incurred on relevant routes. The linear reduction factor as laid down in Article 9 shall apply.’;

Amendment 236 #

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

Directive 2003/87/EC
Article 3 d a (new)

(2a) The following article is added: ‘Article 3da Aviation Transitional Fund 1. A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector. 2. The Aviation Fund shall constitute an integral part of the budget of the Union and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Aviation Fund shall be managed centrally by the Commission. 3. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels (SAF) as defined in a Regulation on ensuring a level playing field for sustainable air transport including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure.; __________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205.’

Amendment 237 #

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

Directive 2003/87/EC
Article 3 d b (new)

(2b) The following article is added: ‘Article 3db Aviation Fund 1. A fund (‘the Aviation Fund’) shall be established for the period from 2024 to 2030 with the objective of supporting projects and investments referred to in paragraph 3. 2. The Aviation Fund shall be managed centrally through a Union body and the governance structure of the Aviation Fund shall be similar to the governance structure of the Innovation Fund established under Article 10a(8) of this Directive. The Aviation Fund’s governance structure and decision- making process shall be transparent and inclusive, in particular in relation to the setting of priority areas, criteria and grant allocation procedures. Stakeholders, such as individuals, civil society, social partners, academia, industry and policy makers, shall have an appropriate consultative role. All information on the projects and investments supported by the Aviation Fund and all other relevant information on the functioning of the Aviation Fund shall be made available to the public, in an easily accessible form. 3. Funds provided under the Aviation Fund shall be used to support projects and investments in relation to the following: (a) deployment of e-kerosene that is produced from renewable energy, including through carbon contracts for difference aimed at bridging the price difference between low and zero-carbon fuels and conventional fuels. Special attention shall be given to projects capturing CO2 from the atmosphere by utilising direct air capture and using it as feedstock to produce e-kerosene; (b) increased operational flight efficiency with environmental benefits; and (c) promotion of skill formation and reallocation of labour in order to contribute to a just transition that leaves no one behind, in particular in regions most affected by the transition of jobs in the aviation sector, in close coordination with the social partners. All investment supported by the Aviation Fund shall be made public and shall be consistent with the aims of this Directive. Furthermore, the intellectual property rights and patents of technologies discovered and developed with the support of the funds allocated from the Aviation Fund shall remain in the public domain. 4. All funding provided under the Aviation Fund shall be carried out in accordance with: (a) The “do no significant harm” principle as set out in the Article 17 of the Regulation (EU) 2020/852 of the European Parliament and of the Council; (b) Minimum safeguards as set out in the Article 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council; and (c) The European Pillar of Social Rights. Support under the Aviation Fund shall only be granted to companies that have not been found guilty or are under prosecution or investigation for money laundering, terrorism financing, tax avoidance, tax fraud, tax evasion or human rights violations in its operations or supply chains. 5. The Commission shall engage with third countries with regard to exploring options as to how they could also make use of the Aviation Fund. 6. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the implementation of this Article. In implementing the Aviation Fund, the Commission shall take all the appropriate measures in accordance with Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council to ensure the protection of funds in relation to measures and investments supported by the Aviation Fund, in the event of failure to respect the rule of law in the Member States. To that end, the Commission shall provide an effective and efficient internal control system and shall seek recovery of amounts wrongly paid or incorrectly used.’;

Amendment 238 #

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

Directive 2003/87/EC
Article 3 d b (new)

(2b) The following article is added: ‘Article 3db 1. An aircraft operator shall receive allowances allocated for free proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to Paragraph 2 of this Article. 2. The amount of free allocations by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: (a) By factor of 2 for conventional biofuels (b) By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. (c) By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. (d) By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive. By 31 December 2035, the multipliers shall be revised following technological developments. 3. An aircraft operator shall also receive free allocations proportional with the use of best available aircraft technology in the previous year. 4. The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the Taxonomy Regulation. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance[2]shall apply. 5. An aircraft operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. 6. To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology. 7. Each year 20 million of the total quantity of allowances referred in to Article 3c paragraph 5 shall be reserved to be allocated for free in respect of aircraft operators that uplift sustainable alternative fuels as defined in a Regulation on ensuring a level playing field for sustainable air transport and use best available aircraft technology defined with respect to the performance against the New Type ICAO CO2 standard.’;

Amendment 239 #

Proposal for a directive
Article 1 – paragraph 1- point 2 c (new)

Directive 2003/87/EC
Article 3 d c (new)

(2c) The following article is inserted: “Article 3dc Reporting and review By 31 December of the second year following the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level- playing field. ”

Amendment 240 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

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

Directive 2003/87/EC
Article 3 e

(2a) Article 3e is replaced by the following: 'Integration of the EU ETS and CORSIA 1. By way of derogation from Article 25a, paragraphs (4), (5) and (6), from 1 April 2025, aircraft operators shall surrender allowances for emissions from all flights departing from or arriving at an aerodrome located in the EEA in the previous calendar year. The provisions of this Article do not apply for emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with Articles 3d and 3c. 2. The total quantity of allowances to be allocated to aviation, in accordance with Article 3c, shall be increased in 2023 to cover two thirds of verified emissions from the flights covered by this Article, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor specified in Articles 9 and 28a shall continue to apply. 3. To ensure that emissions are not priced twice for departing and incoming flights and to take due account of CORSIA's offsetting obligations above a baseline set at 2019 levels for the years 2021-2023 and set at the average of 2019- 2020 levels for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits which they had used under CORSIA for extra-EU routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism for carrying out such reimbursement, which could require converting the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. To the extent that the financial value corresponds to EU ETS allowances, a corresponding quantity of allowances shall be cancelled rather than auctioned so as to preserve the level of the cap. 4. The use of EU ETS revenues linked to flights covered by this Article shall be as follows: (a) 50 % shall be used to finance projects through the Innovation Fund in line with Article 10a – paragraph 8 – subparagraph 2 a (new) to reduce aviation’s total climate impact and related social impacts, including through the use of prizes to reward zero emissions technologies as provided for in Commission Delegated Regulation (EU) 2019/8561a; (b) 25 % of the revenues generated shall be used to contribute to UNFCCC climate funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) 25 % of revenues generated shall be used as determined by Member States in line with Article 10(3), including promoting projects aimed at ensuring a just transition for workers in aviation. __________________ 1aCommission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (OJ L 140, 28.5.2019, p.8).’

Amendment 241 #

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

Directive 2003/87/EC
Article 3 e

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087-~~(3a) Article 3e is replaced by the following: "Integration of the EU Emissions Trading System and CORSIA 1. With a view to contributing to the fulfilment of the Union's climate targets and international commitments, and by way of derogation to Article 25a, from 30 April 2025, aircraft operators shall surrender allowances for emissions on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom in the previous calendar year. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with Article 3d and 3c. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in Articles 9 and 28a shall continue to apply. 3. To ensure emissions are not priced twice for departing and incoming flights and to take due account of CORSIA offsetting obligations above a baseline set at 2019 level for the years 2021-2023 and set at the average of 2019-2020 level for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism to proceed to this reimbursement, which could require converting the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The use of revenues linked to flights covered by this Article in the EU ETS shall be the following: (a) 50 % shall be used to finance the Innovation Fund priorities listed in 10a.8; (b) 25 % of the revenues generated shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) Member States shall determine the use of the remaining 25 % of generated revenues in line with Article 10(3). Or. en 20200101&from=EN#tocId35)

Amendment 242 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2003/87/EC
Article 3 f

(3) Article~~s 3e and~~ 3f ~~are~~is deleted;

Amendment 243 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2003/87/EC
Article 3 f

(3) Article~~s 3e and~~ 3f ~~are~~is deleted;

Amendment 244 #

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

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

(3a) The following article is inserted: ‘Article 3fa Allocation and issue of allowances to aircraft operators for uplifting sustainable aviation fuels. 1. As from [the date of entry into force of this Directive], the total quantity of allowances referred to in Article 3c(5a) shall be allocated free of charge for the uplifting of sustainable aviation fuels. 2. Each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge for each year until 2030 based on the uplifting of the fuels referred to in paragraph 1 from [the date of entry into force of this Directive]. (a) The quantity of allowances shall be proportionate to the total greenhouse gas emissions saved according to the treatment of those fuels under Directive (EU) 2018/2001 and the implementing acts referred to in Article 14(1) of the EU ETS Directive. (b) For a transitional period until the implementing acts referred to in Article 14(1) enter into force synthetic aviation fuels shall be rated with zero emissions for the aircraft operators using them. 3. The Commission shall publish the costs difference between the kerosene and SAF on a yearly basis. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the allocation of aviation allowances for free for uplifting sustainable aviation fuels by covering the price difference per tonne of CO2 saved from using those fuels instead of kerosene. 4. The Commission shall evaluate by 2027 whether the reserve of 20 million of free allowances referred to in Article 3c (5a) should be maintained beyond 2030.’;

Amendment 245 #

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

Directive 2003/87/EC
Article 5 – paragraph 2 a (new)

(3a) In Article 5, the following paragraph is added: ‘The Commission shall undertake to present, by [1 year after the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the sectors to which Directive 2003/87/EC applies.’;

Amendment 246 #

Radan KANEV

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 7

(4a) Article 7 is amended as follows: ‘By way of derogation from Articles 12(2a), 14(3) and Article16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights between an aerodrome located in an outermost region of a Member State and any aerodrome located in the Union outside that outermost region.’;

Amendment 247 #

Radan KANEV

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 2003/87/EC
Article 7 – paragraph 1 – subparagraph 1 a (new)

(4b) In Article 7, the following subparagraph is added: ‘The derogation under this Article applies also for emissions from flights of more than 600 km between a destination, which is not accessible via high-speed railway and any aerodrome located in the Union.’;

Amendment 248 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 3 a (new)

(4a) In Article 10(1), the following subparagraph is inserted after the third subparagraph: ‘In addition, 4% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65% of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of1,5% of the total quantity of allowances between ... [year following the entry into force of the Directive] and 2030 from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).’;

Amendment 249 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2 a (new)

(4a) In Article 10(3), the following subparagraph is inserted after the second subparagraph: ‘Revenues generated from the auctioning of allowances to aircraft operators shall be used to advance research and development in relation to aircraft efficiency, deployment of decarbonisation solutions, and the environmental performance of the aviation sector.’;

Amendment 250 #

Proposal for a directive
Article 4 – paragraph 1 – point 4 b (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 3

(4b) In Article 10(3), the third subparagraph is replaced by the following: ‘Member States shall ~~inform~~annually report to the Commission ~~as t~~on the use of revenues and the actions taken pursuant to this paragraph ~~in their reports submitted under Decision No 280/2004/EC.~~and in line with Decision No 280/2004/EC. The Commission shall subsequently make that information publicly available together with recommendations on how to improve such usage.’;

Amendment 251 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 3

(4a) In Article 10(3), the third subparagraph is replaced by the following: "Member States shall inform the Commission as to the use of revenues and the actions taken pursuant to this paragraph in their reports submitted ~~under Decision No 280/2004/EC. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L~~in accordance with Regulation (EU) 2018/1999. Subsequently, the Commission shall make this information public each year.” Or. en 20210101&qid=1641400487-702)

Amendment 252 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraphs 1 and 2

(4a) In Article 10a(8), the first and second subparagraphs are replaced by the following: ‘8. 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting innovation in and deployment of low- carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU1a, and shall be used in a timely manner for innovation and deployment support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in a Regulation on the use of renewable and low-carbon fuels in maritime transport shall be allocated to the Innovation Fund and implemented in line with this paragraph. The Innovation Fund shall facilitate the green transition of the aviation sector through earmarking of a significant amount corresponding to the proceeds of the auctioning in this sector to induce innovation and technological development, assist with the first industrial application, develop further support mechanisms and create necessary infrastructure, including development and deployment of sustainable aviation fuels. __________________ 1aCommission Decision 2010/670/EU of3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).

Amendment 253 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2

~~In addition, 50 mill~~(4a) In Article 10a, the second subparagraph is replaced by the following: "The Innovation Funallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020 under Commission Decision 2010/670/EU ( 5 ), and shall be used in a timely manner for innovation support as referred to d shall support the decarbonisation of the aviation sector. In particular, revenues resulting from the end of free allowances and from penalties in the aviation sector flowing into the Innovation Fund shall be used for investments in innovation and new technologies in the aviation sector, including: (a) deployment of monitoring and reporting technologies for CO2 and non- CO2 emissions; (b) improvement of operational solutions to mitigate CO2 and non-CO2 emissions; (c) deployment of sustainable aviation fuels, such as RFNBOs from renewable hydrogen and Direct Air Capture, including through carbon contracts for difference aimed at bridging the ~~first subparagraph. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~price difference between zero-emissions fuels and conventional fuels; (d) deployment of new zero-emissions propulsion technologies, such as battery- and turbo-electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors. "; Or. en

Amendment 254 #

Deirdre CLUNE

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)

(4a) In Article 10a(8), the following subparagraph is inserted after the second subparagraph: ‘All the revenues generated by the auctioning of allowances for the aviation sector, of the Innovation Fund shall be earmarked for projects to support innovation and new technologies in the aviation sector, in particular those related to operational, aeronautics, airframe and engine innovation, and clean and sustainable aviation fuels, to reduce greenhouse gas emissions. Revenues shall be proportionally allocated to aircraft operators in line with each company contribution to the Innovation Fund. Member States shall publish in an accessible fashion all information related to projects financed through from EU ETS from aviation and provide estimates of carbon savings as a result of the funding. Resources from the Innovation Fund shall be allocated to scale up SAF, and to reduce the cost of supplying SAF to Union airports, where the difference between the average cost of SAF and the real cost of SAF supplied in site is more than the difference between the average cost of jet fuel and the real cost of jet fuel supplied in site’;

Amendment 255 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)

(4a) In Article 10a (8), the following subparagraph is inserted after the second subparagraph: "A significant amount of the Innovation Fund shall be earmarked for projects to support innovation and new technologies in the aviation sector, in particular to reduce greenhouse gas emissions, for example in the areas of clean and sustainable aviation fuels, operational, aeronautics, airframe and engine innovation, and concerning airport infrastructure and electric aircraft, including through innovation prizes.” Or. en ((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702))

Amendment 256 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)

(4b) In Article 10a(8), the following subparagraph is inserted after the second subparagraph: 'The amount of revenues from auctioning of allowances and penalties from the aviation sector allocated to the Innovation Fund shall fund investment in innovation and new technologies for the decarbonisation of the aviation sector, in particular for: (a) improvement of operational, aeronautics and airframe solutions; (b) deployment of new propulsion technologies, like battery- and turbo- electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors; (c) deployment of sustainable aviation fuels, such as renewable fuels of non- biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero- emissions fuels and conventional fuels; (d) deployment of monitoring and reporting technologies for CO2 and non- CO2 emissions; (e) research on the non-CO2 impacts of aviation, including formation of contrails and cirrus clouds. The revenues shall also support quality social dialogue among relevant stakeholders in the aviation sector, as well as training, re-skilling, up-skilling for workers, and other measures to mitigate unemployment risks. The decision-making process, in particular in relation to the setting of priority areas, criteria and grant allocation procedures, shall be transparent and inclusive and shall take into consideration the adequate involvement of stakeholders, including the industry, SMEs, non-governmental organisations, social partners, entrepreneurial initiatives, research organisations, higher education establishments and universities representing a wide geographical and competence base across the Member States. All information on the projects and investments supported by the Innovation Fund and all other relevant information on its functioning shall be made available to the public.';

Amendment 257 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 3 a (new)

(4a) In Article 10a(8), the following subparagraph is inserted after the third paragraph: "The Innovation Fund shall also earmark money for projects to support innovation and new technologies in the modal shift from aviation to electrified railways, including high speed rail, and electrified buses, which have significant potential to help reduce greenhouse gas emissions.";

Amendment 258 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – introductory part

1. Subject to paragraphs 2 and 3 of this Article, aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State shall be able to use the following units to comply with their obligations as laid down in Article 12may subtract the financial value of the following units from EU ETS allowances in respect of emissions from flights to and from countries that are listed in the implementing act adopted pursuant to Article 25a(3):

Amendment 259 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point a

~~(a) credits authorised by parties participating in the mechanism established under Article 6(4) of the Paris Agreement;~~deleted

Amendment 260 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point c

~~(c) credits authorised by parties agreements pursuant to paragraph 5;~~deleted

Amendment 261 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point d

~~(d) credits issued in respect of Union level projects pursuant to Article 24a.~~deleted

Amendment 262 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2

2. Units referred to in paragraph 1, points (a) and (b), may be used if the following conditions have been met: (a) is a party to the Paris Agreement at the time of use; (b) is listed in the implementing act adopted pursuant to Article 25a(3) as participating in Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average.deleted they originate from a country that they originate from a country that

Amendment 263 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2 – introductory part

2. Units referred to in paragraph 1~~, points (a) and (b),~~ may be used if the following conditions have been met:

Amendment 264 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2 – point b

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions ~~before~~up to 31 December 20276, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average.

Amendment 265 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2 – point b

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in offsetting under Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average unless the country is exempt from mandatory offsetting in accordance with the exemptions laid down in Annex 16, Volume IV (‘CORSIA SARPs’) to the Convention on the International Civil Aviation Organization (‘Chicago Convention’).

Amendment 266 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 1

Units referred to in paragraph 1, points (a), (b) and (c), may be used if arrangements are in place for authorisation by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and that double counting and a net increase in global emissions are avoided.(Does not affect English version.)

Amendment 267 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 1

Units referred to in paragraph 1~~, points (a), (b) and (c),~~ may be used if arrangements are in place for authorisation by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and that double counting and a net increase in global emissions are avoided.

Amendment 268 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 2

The Commission ~~shall~~may adopt implementing acts laying down more detailed requirements for the arrangements referred to in the first subparagraph, which may include reporting and registry requirements, and for listing the states or programmes which apply these arrangements. Arrangements shall take account of flexibilities accorded to Least Developed Countries and Small Island Developing States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).’,

Amendment 269 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point d

Directive 2003/87/EC
Article 11 a – paragraph 8

8. The Commission shall adopt an implementing act listing credits which, have been considered eligible by the ICAO Council~~, and that fulfil the conditions laid down in paragraphs 2 and 3~~. The Commission shall amend that list as appropriate. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;

Amendment 270 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)

Directive 2003/87/EC
Article 12 – paragraph 2 b (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~(-a) The following paragraph is inserted: "2b. As long as there are no Union measures in place to take into account and effectively reduce the climate impact of non-CO2 emissions generated by aircraft operators carrying out an aviation activity listed in Annex I, for the purposes of the paragraph 3(b),the amount of carbon dioxide from fossil fuel which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2. "; Or. en

Amendment 271 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point-a (new)

Directive 2003/87/EC
Article 12 – paragraph 2 b (new)

(-a) The following paragraph is inserted: '2b. As long as there are no Union measures in place to take into account and effectively reduce the climate impact of non-CO2 emissions generated by aircraft operators carrying out an aviation activity listed in Annex I, for the purposes of the paragraph 3(b), the amount of carbon dioxide from fossil fuel which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.'

Amendment 272 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a (new)

Directive 2003/87/EC
Article 12 – paragraph 2 b (new)

(-a) The following paragraph is inserted: ‘2b. As long as there are no Union measures which reduce the total climate impact of aviation below twice that of the impact of carbon dioxide alone from aircraft carrying out an aviation activity listed in Annex I, for the purposes of paragraph 2a and by way of derogation from Article 3a, the amount of fossil fuel carbon dioxide which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.’

Amendment 273 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a a (new)

Directive 2003/87/EC
Article 12 – paragraph 2 c (new)

(-aa) The following paragraph is inserted: ‘2c. By way of derogation from paragraph 2a, from 2024 onwards each aircraft operator shall surrender three times the number of allowances that is equal to its total emissions during the preceding calendar year, as verified in accordance with Article 15, for flights on routes where train journeys of two and a half hours or less exist as an alternative. The Commission shall adopt an implementing act listing the flight routes referred in the first subparagraph of this paragraph by 1 June 2023. The list shall be updated annually.’

Amendment 274 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point -a b (new)

Directive 2003/87/EC
Article 12 – paragraph 4

(-ab) Paragraph 4 is replaced by the following: "4. Member States shall take the necessary steps to ensure that allowances will be cancelled at any time at the request of the person holding them. Member States may also voluntarily cancel allowances in the following cases: (a) In the event of closure of electricity generation capacity in their territory due to additional national measures, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 10(2) up to an amount corresponding to the average verified emissions of the installation concerned over a period of five years preceding the closure; (b) In the event of reduced demand as a result of national measures such as the withdrawal of subsidies for airport expansion, airports closure, closure of routes for example due to bans on short- haul flights, or incentives to shift travel away from air, Member States may cancel allowances from the total quantity of allowances to be auctioned by them referred to in Article 3d up to the amount corresponding to the additional emissions that would have happened in the absence of such national measures. The Member State concerned shall inform the Commission of such intended cancellation in accordance with the delegated acts adopted pursuant to Article 10(4). " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)

Amendment 275 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – introductory part

6. In accordance with the methodology laid down in the delegated act referred to in paragraph 7, Member States shall calculate the offsetting each year for the preceding calendar year within the meaning of ICAO’s International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation, ~~other than those which apply in respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom,~~ and by 30 November each year inform the aircraft operators that fulfil all of the following conditions of the level of offsetting:

Amendment 276 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation(EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 20~~19.~~21. __________________ 1aCommission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13

Amendment 277 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b

Amendment 278 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b

(b) they produce annual CO2 emissions ~~greater than~~of 10 000 tonnes or more from the use of aircrafts with a maximum certified take-off mass greater ~~than~~of 5 700 kg or more conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019.

Amendment 279 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point i

(i) ~~state~~ flights operated by state aircraft (for military, police or customs purposes);

Amendment 280 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point iii

(iii) ~~medical flights;~~(Does not affect English version.)

Amendment 281 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point iv

~~(iv) military flights;~~deleted

Amendment 282 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point (iv)

~~(iv) military flights;~~deleted

Amendment 283 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 7

7. Member States shall, for the purposes of the application of CORSIA SARPs, calculate, for each of the aircraft operators referred to in paragraph 8, the amount of CO2 emissions required to be offset for the preceding year (ORy) as follows: ORy = OEy * SGFy Where: OEy = airplane operator’s CO2 emissions in the preceding year y from flights between States included in the document ‘CORSIA States for Chapter 3 State pairs’ verified in accordance with Commission Delegated Regulation (EU) 2019/1603 SGFy = Sector’s Growth Factor for year y as defined in ICAO document “CORSIA Annual Sector’s Growth Factor (SGF)” for the given year y. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by laying down changes to the methodology for calculating offsetting responsibilities for a~~ircraft~~eroplane operators in accordance with CORSIA SARPs.

Amendment 284 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 7

7. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by laying down the methodology for calculating offsetting ~~responsibilitie~~obligations for aircraft operators.

Amendment 285 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 8

8. In respect of flights to, from and between the countries that are listed in the implementing act adopted pursuant to Article 25a(3), and international flights between aerodromes located in the EEA, in Switzerland or in the United Kingdom, aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, shall cancel units referred to in Article 11a only in respect of the quantity notified by that Member State in respect of the relevant calendar year. The cancelation shall take place by 31 January 2025 for emissions in the period 2021 to 2023, by 31 January 2028 for emissions in the period 2024 to 2026, by 31 January 2031 for emissions in the period 2027 to 2029, by 31 January 2031 for emissions in the period 2027 to 2029, by 31 January 2034 for emissions in the period 2030 to 2032 and by 31 January 2037 for emissions in the period 2033 to 2035,;

Amendment 286 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 8 a (new)

8a. By 1 January 2027, the Commission shall present a report to the European Parliament and the Council on the application of this Directive amending Directive 2003/87/EC and its impact on the aviation internal market of the Union, in particular the social impacts related to employment conditions, workers’ needs for training, re-skilling, and up-skilling, as well as the impact on the use and costs of air travel for passengers, disaggregated by different income groups.

Amendment 287 #

Claudia GAMON, Nils TORVALDS, Frédérique RIES, Emma WIESNER

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1 a (new)

(6a) Article 14(1), the following subparagraph is added after the first subparagraph: ‘Those implementing acts shall apply the sustainability and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001 of the European Parliament and of the Council, with any necessary adjustments for application under this Directive, for this biomass to be zero- rated. They shall also specify how to account for emissions from renewable fuels of non-biological origin and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided. Until these implementing acts are adopted, emissions from renewable fuels of non-biological origin and recycled carbon fuels produced using hydrogen from renewable sources are zero.’ Or. en (32003L0087)

Amendment 288 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 1– subparagraph 1 a (new)

(6a) Article 14(1), the following subparagraph is added after the first subparagraph: "Those implementing acts shall apply the sustainability and greenhouse gas emissions saving criteria for the use of biomass established by Directive (EU) 2018/20011a of the European Parliament and the Council, with any necessary adjustments for application under this Directive, for this biomass to be zero- rated. They shall specify how to account for storage of emissions from a mix of zero-rated sources and sources that are not zero-rated. They shall also specify how to account for emissions from synthetic aviation fuels and recycled carbon fuels, ensuring that these emissions are accounted for and that double counting is avoided.” __________________ 1aDirective (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources. Or. en (02003L0087)

Amendment 289 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 3 a (new)

(6a) In Article 14, the following paragraph is added: ‘3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603 shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. The data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) aircraft type, fuel consumption per fuel type and per airport pair for each aircraft operator; (c) for each aerodrome pair, the ICAO designator of the two aerodromes; distance (great circle distance + 95 km) in km; total number of flights per airport pair in the reporting period; (d) total number of passenger per airport pair per aircraft operator, total number of available seats per airport pair per aircraft operator and total mass of freight and mail (tonnes) during the reporting period per airport pair; (e) the amount of offsetting, calculated in accordance with Article 12(7); (f) the amount and type of eligible fuels used to comply with part or all of their offsetting; and (g) the amount and type of carbon credits used to comply with part or all of their offsetting.’;

Amendment 290 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 3 a (new)

Amendment 291 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 3 a (new)

(6a) In Article 14, the following paragraph is added: "3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603 shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. Those data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) aircraft type and fuel consumption per fuel type by airport pair for each aircraft operator; (c) information on a quarterly basis on fuel composition, including on sulphur and aromatics content, by airport pair for each aircraft operator; (d) for each airport pair, the: ICAO designator of the two aerodromes; distance (great circle distance + 95 km) in km; total number of flights per airport pair in the reporting period; (e) total number of passengers per airport pair per aircraft operator, total number of available seats per airport pair per aircraft operator and total mass of freight and mail (tonnes) during the reporting period per airport pair; (f) the amount of offsetting, calculated in accordance with Article 12(7); (g) the amount and type of eligible fuels used to comply with part or all of their offsetting; (h) the amount and type of carbon credits used to comply with part or all of their offsetting. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20200101&from=EN#tocId35)

Amendment 292 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)

Directive 2003/87/EC
Article 14 – paragraph 3 b (new)

(6c) In Article 14, the following paragraph is added: '3b. By … [6 months after the entry into force of this Directive], the Commission, in cooperation with EASA and EEA, shall adopt a delegated act in accordance with Article 23 to supplement this Directive in order to establish a pilot monitoring, reporting and verification (MRV) scheme with the objective of establishing a MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. The pilot MRV scheme shall ensure that at least the following data at cruising altitude are monitored, reported and verified: (a) fuel flow-mass of aircraft; (b) ambient humidity; (c) latitude, longitude and altitude; (d) humidity and temperature; (e) emission indices for CO2, H2O and NOx; (f) CO2 equivalents per flight. All data reported through the pilot MRV scheme shall be published, aggregated on an airport pair level annually per aircraft operator. Data collected through the pilot MRV scheme shall be submitted to EASA, the EEA and the European Parliament annually. Aircraft operators may decide to adhere to the pilot MRV scheme. Those aircraft operators that adhere to the MRV pilot scheme shall be exempted from the payment of the multiplier referred to in Article 12(2a). By … [30 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and the Council on the results of the pilot MRV scheme, accompanied, where appropriate, by a legislative proposal to amend this Directive with a view to introducing MRV requirements for non-CO2 aviation emissions and to expanding the scope of the EU ETS to non-CO2 aviation emissions while specifying the amount of EU ETS allowances required to cover the CO2 equivalent per flight calculated under the pilot MRV scheme in order for the extended EU ETS for non-CO2 aviation emissions to be operational by 2026. Once the scope of the EU ETS has been extended to cover non-CO2 aviation emissions, the aircraft operators shall no longer be required to surrender two allowances to cover their non-CO2 effects. The participating aircraft operators shall surrender the amount of allowances required to cover the CO2 equivalents of their non-CO2 effects, as determined by the Commission in accordance with this paragraph.';

Amendment 293 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)

Directive 2003/87/EC
Article 14 – paragraph 3 b (new)

The acts referred to in paragraph 1 may include requirements on the use of automated systems and data exchange formats to harmonise communication on the monitoring plan, the annual emission report and the verification acti(6b) In Article 14, the following paragraph is added: "3b. By [6 months after the entry into force of this Directive], the Commission, in cooperation with EASA and EEA, shall establish a pilot Monitoring, Reporting and Verification (MRV) scheme with the objective to establish a solid MRV methodology adapted to the specificities of non-CO2emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. Aircraft operators adhering to these schemes shall be exempted from the payment of the multiplier referred to in Article 12(2a new). The pilot MRV should ensure that on a per flight basis at least the following fuel flow flight data is monitored, reported and verified: – Fuel flow – Mass of aircraft – Ambient humidity – Latitude, longitude and altitude – Humidity and temperature – Emission indices for CO2, H2O and NOx – CO2 equivalents per flight All data reported through the pilot MRV shall be published aggregated on an airport pair level annually per aircraft operator. Data collected through the pilot MRV shall be submitted to EASA, the EEA and the European Parliament annually. Aircraft operators that do not participate in the pilot scheme shall be required to surrender two allowances for each tonne of CO2 emitted subject to the multiplier as referred to in Article 12(2a new). By [24 months after the entry into force], the Commission shall present a report to the Parliament and the Council on the results of the MRV pilot project and specifying the amount of EU ETS allowances required to cover for the CO2 equivalent per flight calculated under its pilot MRV. The report shall be accompanied by a legislative proposal to amend the present Directive to introduce MRV requirements for non-CO2 aviation emissions as well as to expand the scope of the EU ETS to non-CO2 aviati~~es between the operator, the verifier and competent authorities.~~ on emissions, in order for a carbon pricing mechanism to be introduced from 2025. Once a non-CO2 carbon pricing mechanism is phased in, participating aircraft operators shall no longer be required to surrender two allowances to cover for their non-CO2 effects, but shall surrender the amount of allowances required to cover for the CO2 equivalents of their non-CO2 effects, as determined by the Commission in Article 14 (4d). Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20200101&from=EN#tocId35)

Amendment 294 #

Sunčana GLAVAK

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 1 – subparagraph 1

(6a) Article 14(1), the first subparagraph is replaced by the following : "The Commission shall adopt implementing acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne- kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those implementing acts shall also specify the global warming potential of each greenhouse gas and non-CO2 effects in the requirements for monitoring ~~and~~, reporting ~~emissions for that gas. (((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-~~and verification of the emissions for that gas. Based on the monitoring and reporting of all emissions, the Commission shall present concrete actions to mitigate the non-CO2 emissions by 2028. Or. en 20210101&qid=1641400487702)))

Amendment 295 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2003/87/EC
Article 18 a – paragraph 3 – point a

(7) In Article 18a(3), points (a) and (b) are replaced by the following: ‘(a) before 1 February 200924, publish a list of aircraft operators which performed an aviation activity listed in Annex I on or after 1 January 200621 specifying the administering Member State for each aircraft operator in accordance with paragraph 1; and’

Amendment 296 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2003/87/EC
Article 18 a – paragraph 3 – point b

(b) as from ~~2024~~[the year of entry into force of this Directive], at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.;

Amendment 297 #

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2003/87/EC
Article 18 a – paragraph 3 – point b

(b) as from 2024, and subsequently at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.’;

Amendment 298 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Sunčana GLAVAK

Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)Directive 2003/87/EC

Article 18 a – paragraph 4 a (new)

(7a) In Article 18a, the following paragraph is inserted: ‘4a. For the purposes of paragraph 1, ‘base year’ means, in relation to an aircraft operator which started operating in the Union after 1 January 2021, the first calendar year of operation, and in all other cases, the calendar year starting on 1 January 2021.’;

Amendment 299 #

Proposal for a directive
Article – paragraph 1 – point 7 a (new)

Directive 2003/87/EC
Article 21 – title

(7a) In Article 21, the title is replaced by the following: ‘Reporting by Member States and the Commission’

Amendment 300 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Sunčana GLAVAK

Proposal for a directive
Article – paragraph 1 – point 7 b (new)

Directive 2003/87/EC
Article 21 – paragraph 4 a (new)

(7b) In Article 21, the following paragraph is added: ‘4a. The Commission shall monitor and evaluate the implementation of this Directive, possible trends and adverse impacts as regards, inter alia, the Union’s competitiveness and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions, scale of carbon and business leakage and deterioration of level playing field. If appropriate, the Commission shall propose measures to prevent possible adverse impacts. By 31 December of the year following the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, transport freight rates, household purchasing power and the magnitude of carbon and business leakage per economic sector among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction and preserve a level- playing field.’; __________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.

Amendment 301 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Sunčana GLAVAK

Proposal for a directive Article1 – paragraph 1 – point 7 a (new) Directive 2003/87/EC
Article 21 a (new)

(7a) The following article is inserted: ‘Article 21a The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” prinicple1,proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors.’;

Amendment 302 #

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a

Directive 2003/87/EC
Article 23 – paragraph 2

2. The power to adopt delegated acts referred to in Articles 3d(3), 3da(5), 3db(6) 10(4), 10a(1) and (8), 10b(5), 12(7), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c shall be conferred on the Commission for an indeterminate period of time from 8 April 2018.

Amendment 303 #

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a

Directive 2003/87/EC
Article 23 – paragraph 3

3. The delegation of power referred to in Articles 3d(3), 3da(5), 3db(6), 10(4), 10a(1) and (8), 10b(5), 12(7), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’,

Amendment 304 #

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point a

Directive 2003/87/EC
Article 23 – paragraph 3

3. The delegation of power referred to in Articles 3d(3), 3e, 10(4), 10a(1) and (8), 10b(5), 12(7), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’,

Amendment 305 #

Proposal for a directive
Article 1 – paragraph 1 – point 8 – point b

Directive 2003/87/EC
Article 23 – paragraph 6

6. A delegated act adopted pursuant to Articles 3d(3), 3da(5), 3db(6) 10(4), 10a(1) and (8), 10b(5), 12(6), third subparagraph, 19(3), Article 22, Articles 24(3), 24a(1), 25a(1) and Article 28c shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.;

Amendment 306 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 2

"2. The Union and its Member States shall continue to seek an agreement on global measures to reduce greenhouse gas emissions from aviation~~. In the light of any such agreemen~~ that is aligned with the objectives of Regulation (EU) 2021/1119 and the Paris Agreement, while reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. The European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, supported by the European Union Aviation Safety Agency, shall assess the compatibility of the any such agreement with the objectives the Paris Agreement and Regulation (EU) 2021/1119, and its general environmental integrity. The report shall be made public, in an easily accessible form. Based on the report, the Commission shall consider whether amendments to this Directive as it applies to aircraft operators are necessary. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)

Amendment 307 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 3

3. The Commission shall adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter. Aircraft operators surrendering allowances under the EU ETS for emissions on routes to the countries listed in this implementing act shall be reimbursed for the financial value of expenditure on credits used for Corsia on the same routes, in accordance with Article 3e. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

Amendment 308 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 3

3. TAt least once a year, the Commission shall adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2). From 2027, the Commission shall also publish a list of aircraft operators from countries which are not considered to be applying CORSIA for flights to or from other third countries for the purposes of this Directive.

Amendment 309 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 3

3. TAs of 1 January 2027, the Commission shall adopt on an annual basis, an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are ~~considered to b~~not applying CORSIA, and which are applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline ~~2019-2020~~decided by the ICAO Council for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

Amendment 310 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 3 a (new)

3a. As from 1 January2027, when participation in CORSIA will become mandatory for all ICAO Member States, the Commission shall publish a list of aircraft operators from countries that are not considered to be applying CORSIA for flights to or from other third countries for the purposes of this Directive.

Amendment 311 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 4

4. In respect of emissions from flights to or from countries that are listed in the implementing act adopted pursuant to paragraph 3, aircraft operators that hold an air operator certificate issued by a country or that is registered in a country that is listed therein, or is exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, shall not be required to cancel units in respect of those emissions.

Amendment 312 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 6

6. In respect of emissions from flights to and from Least Developed Countries and Small Island Developing States as defined by the United Nations, other than those countries whose GDP per capita equals or exceeds the Union average and those countries listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.

Amendment 313 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 6

6. In respect of emissions from flights to and from ~~Least Developed Countries and Small Island Developing States as defined by the United Nation~~countries that are exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, other than those listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.

Amendment 314 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7

Amendment 315 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empoweFrom 2027, on a yearly basis or whenever evidence is presented, the Commission shall assess whether there is a significant distortion of competition due to a non-compliance with, or a less stringent application in its domestic law of, CORSIA by a third country, or when it is determined, on the basis of available facts, that a threat of injury which results from such non-compliance or such a less stringent application and is detrimental to aircraft operators that hold an air operator certificate issued by a Member State exist. The distortion of competition or threat of injury may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in the same manner for all aircraft operators. Where the assessment confirms that distortion of competition or a threat of injury exist and result from non- compliance with or a less stringent application of CORSIA by a third country, the Commission shall take measures of a temporary natured to ~~adopt implementing acts to exempt those aircraft operators~~exempt aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State from surrender requirements as laid down in Article 12(8) and/or to apply EU ETS in respect of emissions from flights to and from such countries. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators. Those implementing acts shall be adoptedthe EEA operated by aircraft operators from a non-compliant third country. The measures of a temporary nature shall apply no longer than 9 months or until the determines that the distortion of competition or threat of injury no longer exist or when a third country complies with CORSIA in a satisfactory manner or CORSIA is enforced in the same manner for all aircraft operators. At the end of the nine- month period, the Commission shall either extend the duration of those measures, or modify or revoke them, by means of an implementing act adopted by the Commission in accordance with the examination procedure referred to in Article 22a(2).

Amendment 316 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7

Amendment 317 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7 – subparagraph 1 a (new)

The Commission shall continuously monitor and assess the distortions of competition and report to the European Parliament and the Council. The Commission will take into account the list of countries applying CORSIA, the different regulatory measures, the prices of allowances for aircraft operators, the geographical situation of EU airports and their vulnerability to unfair competition from third countries, the increase in flight prices and the impact on EU tourism destinations. In view of the overall competitiveness of the EU aviation sector and the risk of carbon leakage, the Commission shall consider a revision of this Directive to level the playing field vis a vis third countries, including through the extension of the emission trading system to flights from and to airports located in third countries.

Amendment 318 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 8

8. Where an aircraft operator that holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, operates flights between two different countries listed in the implementing act adopted pursuant to paragraph 3, including flights that take place between Switzerland, the United Kingdom and countries listed in the implementing act adopted pursuant to paragraph 3, and those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8), the Commission shall be empowered to adopt implementing acts allowing those aircraft operators to use unit types additional to that list or not to be bound by the conditions of Article 11a(2) and (3) in respect of emissions from such flights. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;deleted

Amendment 319 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 8

8. Where an aircraft operator that holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, operates flights between two different countries listed in the implementing act adopted pursuant to paragraph 3, including flights that take place between Switzerland, the United Kingdom and countries listed in the implementing act adopted pursuant to paragraph 3, and those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8), the Commission shall be empowered to adopt implementing acts allowing those aircraft operators to use unit types additional to that list or not to be bound by the conditions of Article 11a(2) ~~and (3)~~ in respect of emissions from such flights. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;

Amendment 320 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 28 b

(9a) Article 28b is replaced by the following: "Article 28b Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure 1. Before ~~1 January 2019 and 1. regularly~~2027 and every two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Standards and Recommended Practices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure including changes to baselines; (iii) the establishment of a global registry; (iv) domestic measures taken by third countries to implement the global market- based measure to be applied to emissions from 2021; (v) the implications of reservations by third countries; and (vi) other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050. 2. Within 12 months of the adoption 2. by the 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 instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overall environmental integrity of the global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non- compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised. 3. The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, ~~delete,~~ extend or replace the ~~derogation~~measures provided for in Article ~~28a~~3e, that is consistent with the Union economy-wide greenhouse gas emission reduction commitment for 2030 and achievement of climate neutrality by 2050 at the latest with the aim of preserving the environmental integrity and effectiveness of Union climate action. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:02003L0087- 20200101&from=EN#tocId35)

Amendment 321 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

(9a) Article 28b is replaced by the following: "Article 28b Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure 1. Before ~~1 January 2019 and regularly~~2027 and every two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Standards and Recommended Practices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure, including changes to baselines; (iii) the establishment of a global registry; (iv) domestic measures taken by third countries to implement the global market- based measure to be applied to emissions from 2021; (v) the implications of reservations by third countries; and (vi) other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050. 2. Within 12 months of the adoption by the 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 instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overall environmental integrity of the global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non- compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised. 3. The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, ~~delete,~~ extend or replace the ~~derogation~~measures provided for in Article ~~28a~~3e, that is consistent with the Union's economy-wide greenhouse gas emission reduction commitment for 2030 and achievement of climate neutrality by 2050 at the latest with the aim of preserving the environmental integrity and effectiveness of Union climate action. ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L~~3a. In line with the global stocktake of the Paris Agreement, the Commission shall also report on efforts to update the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050 with a view to bringing it in line with emissions reduction targets under the Paris Agreement, as well as on efforts to achieve an ambitious long-term global aspirational goal for international aviation under ICAO. 3b. With a view to improving the CORSIA scheme, the Union and its Member States shall actively promote in ICAO and through bilateral and multilateral green diplomacy improvements with regards to CORSIA’s environmental integrity, including the sustainability criteria for offsets, its enforcement and encourage wider international participation to the scheme. The Union and its Member States shall also promote in ICAO additional climate and environmental measures, greater transparency and the establishment of an ambitious long-term reduction goal that is in line with the Paris Agreement."; Or. en 20210101&qid=1641400487-702)

Amendment 322 #

Claudia GAMON, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 28 b

(9a) Article 28b is replaced by the following: "Article 28b "Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure 1. Before 1 January 201927 and ~~1. regularly~~every two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Sstandards and Rrecommended Ppractices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure including any possible changes to baselines; (iii) the establishment of a global registry; (iv) domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021; (v) the implications of reservations by third countries; and (vi) other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050. 2. Within 12 months of the adoption by the ICAO of the relevant instruments, and before the global market-based measure becomes operational, the2. By 2027, the European Commission shall present athis report to the European Parliament and to the Council in which it shall consider ways for those instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overallassess the environmental integrity of ~~the~~ICAO’s global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non- compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised. 3. The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 28a, that is consistent with the Union economy-wide greenhouse gas3. In line with the UNFCCC's global stock take, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction ~~commitment for 2030 with the aim~~goal of pre~~serving the environmental integrity and effectiveness of Union climate action.~~ ducing aviation emissions to zero by 2050."; Or. en (32003L0087)

Amendment 323 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

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

(9a) In Article 28b, paragraph 1 is replaced by the following: "1. Before 1 January 201927 and ~~regularly~~every two years thereafter, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to: (i) the relevant ICAO instruments, including Standards and Recommended Practices; (ii) ICAO Council-approved recommendations relevant to the global market-based measure including changes to baselines; (iii) the establishment of a global registry; (iv) enforceability, transparency, the penalties for non- compliance and the processes for public input of CORSIA; (v) domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021; (vi) the level of participation, including implications of reservations by third countries; ~~and~~ (vii) other relevant international developments and applicable instruments; (viii) environmental effects, including those effecting biodiversity, of ICAO’s rules on the use of biofuels; (ix) the quality and environmental integrity of offsetting credits under CORSIA; (x) human rights compliance and implications to biodiversity of carbon offsetting under CORSIA; and (xi) the ambition and overall environmental integrity of global- market based measures, including its general ambition in relation to targets under the Paris Agreement. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of ~~halv~~reducing aviation ~~CO2~~ emissions ~~relative to 2005 levels by 2050.~~ to zero by 2050." Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702)

Amendment 324 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)

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

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L~~(9b) In Article 28b, paragraph 2 is deleted; Or. en 20210101&qid=1641400487-702)

Amendment 325 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 c (new)

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

(9c) In Article 28b, paragraph 3 is replaced by the following: "3. The Commission shall accompany the report referred to in paragraph 21 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 283da, that is consistent with the Union economy- wide greenhouse gas emission reduction commitment for 2030 ~~with the aim of preserving the environmental integrity and effectiveness of Union climate action. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L~~, the Union's climate-neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119 and the Union’s and its Member States commitments under the Paris Agreement, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities of nations." Or. en 20210101&qid=1641400487-702)

Amendment 326 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 29

(9a) Article 29 is replaced by the following: "Article 29 Report to ensure the better functioning of the carbon market If, on the basis of the regular reports on the carbon market referred to in Article10 (5), the Commission has evidence that the carbon market is not functioning properly, it shall submit a report to the European Parliament and to the Council. The report may be accompanied, if appropriate, by proposals aiming at increasing transparency of the carbon market and addressing measures to improve its functioning. If disorderly trading or abusive behaviour is identified in the market, the Commission shall include in those proposals specific measures to prevent financial speculation in European carbon markets and provide for their protection." Or. en ((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087- 20210101&qid=1641400487702))

Amendment 327 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 29 a – paragraph 4 a (new)

(9a) In Article 29a, the following paragraph is added: ‘4a. In 2027 or whenever 100% of the quantity of allowances, with the exception of the allowances allocated for free as referred in to Article 3e, in respect of which free allocation would have taken place in that year are auctioned, the Commission shall present a report to the European Parliament and to the Council in which it should consider whether the measures in this Article are still effective, respond to the needs of the market or whether they need to be amended.’;

Amendment 328 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Frédérique RIES, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)

Directive 2003/87/EC
Article 30 – paragraph 4

(9b) In Article 30, paragraph 4 is replaced by the following: "4. Before 1 January 20204, the Commission shall present an updated analysis of the non-CO2 effects of aviation, accompanied, where appropriate, by a ~~proposal on how best to~~legislative proposal to include them into the EU ETS for addressing those effects. " Or. en (32003L0087)

Amendment 329 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)

(9b) In Article 30, the following paragraph is added : 4a. By 1 January 2026, the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for the flight segment comprising regional and the lower-end of short-range flights to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels to be referred to in a Union regulation on ensuring a level playing field for sustainable air transport as well as possibilities for alternative routing for such types of flights, and taking into account the alternative modes of public transport available to cover such services in a comparable time period.

Amendment 330 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 d (new)

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

(9d) In Article 30, the following paragraph is inserted: 4a. Before 1 January 2024, the Commission, supported by the European Scientific Advisory Board on Climate Change established in Article 3 of Regulation (EU) 2021/1119, shall present an analysis of global greenhouse gas emissions and other radiative forcing of aviation activities on individual scale, particularly addressing the emissions caused by the air travel demand of frequent flyers and individual users of private aircrafts. The report shall be accompanied by a proposal on how to best address those effects to increase emission reduction efforts of the aviation sector under this Directive or other relevant Union legislation. The European Parliament, the Council and the Commission shall exchange views during the year of publish of the analysis and shall identify additional legislative and non-legislative measures and actions.

Amendment 331 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 30 a (new)

(9a) The following article is added : Article 30a Carbon adjustment measure To avoid carbon leakage and distortion of competition, an adjustment measure should be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the Union and vice versa. This adjustment measure is calculated as follows per aircraft operator: a. In accordance with Annex IV and by 31 March of each year, aircraft operators operating flights where the Treaty applies, shall report to the national competent authority and the verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA("transfer passengers") to the total number of passengers on this connection ("passengers"); b. The adjustment for each city pair equals:(number of transfer passengers / total number of passengers) x fuel consumption x emission factor; c. The cumulative amount of this adjustment for all city pairs together is deducted from the total amount of verified emissions for which the corresponding allowances are to be surrendered by an aircraft operator in that same period.

Amendment 332 #

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)

Directive 2003/87/EC
Article 31 – paragraph 2 a (new)

(9b) In Article 31, the following paragraph is inserted: 2a. The Commission shall undertake to present, by [1 year after the entry into force of this Directive],and in line with its communication on the application of the “one in, one out”principle1a, proposals offsetting the regulatory burdens in relation to Directive 2003/87/EC, through the revision or abolishment of provisions in other Union legislative acts that generate compliance costs in the affected sectors. __________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019

Amendment 333 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I – table –Aviation – paragraph 1 a – point a

(a) the aircraft operator holds an air operator certificate issued by a Member State or is registered in a Member State, ~~including in the outermost regions,~~ dependencies and territories of that Member State;

Amendment 334 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I – table – Aviation – paragraph 1 a – point b

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts ~~with a maximum certified take- off mass greater than 5 700 kg~~ conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) ~~military flights; (v)~~ firefighting flights..

Amendment 335 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I – table – Aviation – paragraph 1 a – point b

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State ~~(including outermost regions of the same Member State),~~ from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..

Amendment 336 #

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I – table – aviation – paragraph 1 a – point b

(b) they produce annual CO2 emissions ~~greater than~~of 10 000 tonnes or more from the use of aircrafts with a maximum certified take-off mass ~~greater than~~of 5 700 kg or more conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) ~~state~~ flights operated by state aircraft (for military, police or customs purposes); (ii) humanitarian flights; (iii) medical flights; (iv) ~~military flights; (v)~~ firefighting flights.’.

Amendment 337 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)

Directive 2003/87/EC
Annex I – Aviation – paragraph 2 – point b

(~~b) military flights performed by military aircraft and~~10a) In Annex I, in the table, point (b) of the second paragraph of the entry ‘Aviation’ of the column ‘Activities’ is replaced by the following: "(b) customs and police flights;

Amendment 338 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)

Directive 2003/87/EC
Annex I – Aviation – paragraph 2 – point h

(10b) In Annex I, in the table, point (h) of the second paragraph of the entry ‘Aviation’ of the column ‘Activities’ is deleted;

Amendment 339 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 c (new)

Directive 2003/87/EC
Annex I – Aviation – paragraph 2 – point j – indent 1

(10c) In Annex I, in the table, the first indent of point (j) of the second paragraph of the entry ‘Aviation’ of the column ‘Activities’ is deleted;

Amendment 340 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)

Directive 2003/87/EC
Annex I – table – Aviation – paragraph 2 – point b

(~~b) military flights performed by military aircraft and customs and police flights; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~10a) In Annex I, in the table, point (b) of the second paragraph of the entry ‘Aviation’ of the column ‘Activities’ is replaced by the following: (b) customs and police flights; Or. en

Amendment 341 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)

Directive 2003/87/EC
Annex II

(10b) Annex II is replaced by the following : " Carbon dioxide (CO2) Methane (CH4) Nitrous Oxide (N2O) Hydrofluorocarbons ~~(HFCs)~~ Perfluorocarbons (PFCs) Sulphur Hexafluoride (SF6) ~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~Oxides of Nitrogen(NOx), Soot Particles, Oxidised Sulphur Species, and Water Vapour from an aircraft performing an aviation activity listed in Annex I. Or. en

Amendment 342 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Frédérique RIES, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)

(10a) In Part A, the section “Calculation” is replaced by the following: "Calculation Calculations of emissions shall be performed using the formula: Activity data × Emission factor × Oxidation factor Activity data (fuel used, production rate etc.) shall be monitored on the basis of supply data or measurement. Accepted emission factors shall be used. Activity-specific emission factors are acceptable for all fuels. Default factors are acceptable for all fuels except non- commercial ones (waste fuels such as tyres and industrial process gases). Seam- specific defaults for coal, and EU-specific or producer country-specific defaults for natural gas shall be further elaborated. IPCC default values are acceptable for refinery products. The emission factors for ~~biomass~~renewable fuels of non-biological origin and recycled carbon fuels produced using hydrogen from renewable sources are zero. This provision shall be replaced by the implementing acts referred to in Article 14. The emission factor for biomass that complies with the sustainability criteria and greenhouse gas emission saving criteria for the use of biomass established by Directive (EU) 2018/2001, with any necessary adjustments for application under this Directive, as set out in the implementing acts referred to in Article 14, shall be zero. If the emission factor does not take account of the fact that some of the carbon is not oxidised, then an additional oxidation factor shall be used. If activity-specific emission factors have been calculated and already take oxidation into account, then an oxidation factor need not be applied. Default oxidation factors developed pursuant to Directive 96/61/EC shall be used, unless the operator can demonstrate that activity-specific factors are more accurate. A separate calculation shall be made for each activity, installation and for each fuel. Or. en (32003L0087)

Amendment 343 #

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2023 or, if the amended Directive enters into force after 1 January 2023, no later than 24 months after its publication. They shall immediately communicate the text of those measures to the Commission.

Amendment 344 #

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December ~~2023~~of the subsequent year to the year of entry into force of this Directive. They shall immediately communicate the text of those measures to the Commission.

source: 719.690

2022/02/18 ENVI 160 amendments...

Amendment 100 #

Proposal for a directive
Recital 13

(13) ~~Increased~~Full auctioning from ~~the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector~~2024 onwards should be the rule for the allocation of EU ETS allowances to the aviation sector. The Commission Impact Assessment accompanying this proposal has confirmed that there is no carbon leakage risk in the aviation sector. At the same time, the allocation of free allowances~~, taking into account the sector’s ability to pass on the increased cost of CO2~~ is contrary to the 'polluter pays principle' enshrined in the Treaties, and weakens the price signal that the system provides to the aviation sector, reducing the incentives for investments into the abatement of emissions. Increased revenues from the full auctioning of the allowances will allow increasing investments into the decarbonisation of the sector.

Amendment 101 #

Proposal for a directive
Recital 13

(13) Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2. The carbon leakage risk associated with increasing this share is not substantial, unlike in certain other sectors, and it is the free allocation of allowances that has a major negative impact on the intended incentive effect of the EU ETS.

Amendment 102 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 13

(13) ~~Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC~~From 2024, full auctioning should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.

Amendment 103 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 13

(13) ~~Increased~~Full auctioning from the year ~~after the entry into force of this amendment to Directive 2003/87/EC~~2024 onwards should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.

Amendment 104 #

Proposal for a directive
Recital 13

(13) Increased auctioning from the year after ~~the entry into force of this amendment to Directive 2003/87/EC~~2027 should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.

Amendment 105 #

Proposal for a directive
Recital 13

Amendment 106 #

Sunčana GLAVAK, Inese VAIDERE, Esther DE LANGE

Proposal for a directive
Recital 13 a (new)

(13a) In order to be aligned with the level of ambition of the European Green Deal and in the context of safeguarding the European carbon markets from disorderly trading or abusive behaviour, specific measures should be foreseen to prevent financial speculation in European carbon markets.

Amendment 107 #

Proposal for a directive
Recital 13 b (new)

(13b) The EU ETS Directive should contribute to incentivizing the decarbonisation in air transport. The transition from fossil fuels to an increasing percentage of uplifting of sustainable aviation fuels, especially synthetic aviation fuels, would play a role in achieving such decarbonisation. Therefore, a total of 20 million allowances should be reserved and allocated for free until 2030 for the uptake of sustainable aviation fuels, of which [XX%] are reserved for the uptake of synthetic fuels. Those 20 million allowances should be effectively earmarked to incentivize early movers and should come from the pool of total allowances available and should be used only for flights covered by the EU ETS and in a non-discriminatory manner. The Commission should provide proper accounting for the CO2 emissions from fossil fuels, and should rate synthetic aviation fuels as producing zero emissions for the aircraft operators using them.

Amendment 108 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 14

(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance with CORSIA for flights to or from third countries that are considered to be participating in CORSIA, and they should be able to deduct the financial value of these credits from their surrendered EU ETS allowances for these routes. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA, and double counting of credits should be avoided. Any deviation from the CORSIA baseline, which is set at 2019-2020, with a time- limited exception for the years 2021 to 2023, should be deemed as non- compliance for the purpose of this Directive.

Amendment 109 #

Proposal for a directive
Recital 14

(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA,All offset credits under CORSIA should remain available to all carriers and double counting of credits should be avoided.

Amendment 110 #

Jens GIESEKE, Michael GAHLER, Karolin BRAUNSBERGER-REINHOLD

Proposal for a directive
Recital 14 a (new)

(14a) Discrepancies may further emerge regarding the quality of the different programmes accepted within the CORSIA scheme, given the fact that they encompass different sectors, widespread geographical location and projects of very different nature for eligible offset credits, leading as well to relevant price disparities for the same reduction units, also evolving along the time. Concerns over the inclusion of deforestation and forest degradation prevention projects within the CORSIA scheme have been voiced, not the least among indigenous communities potentially affected, besides further considerations regarding the actual additionality and verification of such projects and others.

Amendment 111 #

Proposal for a directive
Recital 14 a (new)

(14a) In order to ensure uniform conditions for EU airlines and their competitors from third countries, to avoid carbon leakage and distortion of competition, the allowances to be surrendered under the EU ETS must be adjusted to the proportion of EU ETS- costs on intra-EEA flights allocated to passengers transferring to a final destination outside the EU – and vice versa – thereby minimising the risk of passengers selecting flights to their final destination with a transfer at an airport outside the Union.

Amendment 112 #

Proposal for a directive
Recital 15

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . Furthermore, in order to ensure public scrutiny, aircraft operators should report transparently of their emissions and offsetting under Article 14 of this Directive. __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 113 #

Proposal for a directive
Recital 15

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, ~~implementing powers should be conferred on the~~ the Commission toshould adopt athe list of ~~the~~ credits ~~which have been consider~~that ICAO has identified as acceptable byfor the ~~ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions abov~~purposes of CORSIA compliance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 114 #

Proposal for a directive
Recital 15

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been ~~considered~~ acceptable by the ICAO Council to use for compliance of CORSIA~~, and that fulfil the eligibility conditions above~~. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . __________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 115 #

Proposal for a directive
Recital 16

(16) To ensure that the necessary arrangements are in place for authorisation by the participating parties, timely adjustments to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and avoiding double counting and a net increase in global emissions, implementing powers should be conferred on the Commission to enable it to lay down detailed requirements for such arrangements. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19. __________________ 19Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 116 #

Proposal for a directive
Recital 17

(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and ~~above collective 2019-20 levels~~ for subsequent years of CORSIA application according to a baseline determined by the ICAO Council.

Amendment 117 #

Proposal for a directive
Recital 17

(17) For CORSIA implementation on flights other than flights ~~departing from an aerodrome located in the EEA and arriving at an aerodrome located in~~between the Union and the EEA, in Switzerland ~~or in~~and the United Kingdom, surrender ~~obligation~~possibilities with a view to subtracting the financial value of CORSIA credits from EU ETS allowances should be decreased for ~~Union-based~~ aircraft operators operating these flights. Aircraft operators’ surrender ~~obligation~~possibilities for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application.

Amendment 118 #

Proposal for a directive
Recital 17

(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be ~~decreas~~restricted to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application.

Amendment 119 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 17

(17) For CORSIA implementation on flights other than flights departing from ~~an aerodrome located in the EEA~~ and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for ~~Union-based aircraft~~ operators operating these flights~~. Aircraft operators’ surrender obligations for these flights should be dec~~ through the possibility to subtract from the corresponding EU ETS allowances the financial value of CORSIA credits reprease~~d to only~~nting their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application.

Amendment 120 #

Proposal for a directive
Recital 17 a (new)

(17a) At the forthcoming ICAO triennial assembly scheduled for September 2022, Member States should make their utmost efforts to reach an agreement with their counterparts on a progressive yearly reduction of the established baseline 2019-2020 for the period after 2023, so as to ensure step-wise alignment with the linear factor applied to the EU ETS, also beyond 2035, in consistency with the Union’s climate neutrality target for 2050 at the latest. Any changes to the established baseline leading to weakened ambition, or any delay in relation to the start of the mandatory phase, and an insufficient adherence to the CORSIA scheme by third countries, should be considered as a reason for the Commission to propose the removal of the possibility for aircraft operators to apply CORSIA in part for routes from or to the Union.

Amendment 121 #

Proposal for a directive
Recital 18

(18) In order to ensure uniform conditions for listing countries which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC pursuant to Article 25a(3) of that Directive, implementing powers should be conferred on the Commission to adopt and maintain the list of states other than EEA countries, Switzerland and the United Kingdom, which are considered to be participating in CORSIA for the purposes of Union law. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.Does not affect English version.)

Amendment 122 #

Proposal for a directive
Recital 18

(18) In order to ensure uniform conditions for listing countries which are ~~considered to be~~ applying CORSIA for the purposes of Directive 2003/87/EC pursuant to Article 25a(3) of that Directive, implementing powers should be conferred on the Commission to adopt and maintain the list of states other than EEA countries, Switzerland and the United Kingdom, which are ~~considered to be~~ participating in CORSIA for the purposes of Union law. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Amendment 123 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 19

(19) As CORSIA implementation and enforcement for aircraft operators based outside the Union is meant to belong solely to the home country of these aircraft operators, implementing CORSIA for flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom means exempting aircraft operators based outside the Union from the EU ETS obligations for these flights.deleted

Amendment 124 #

Proposal for a directive
Recital 19

Amendment 125 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 19

(19) ~~As CORSIA implementat~~To ensure that emissions a~~nd enforcement for aircraft operators based outside the Union is meant to belong solely to the home country of these aircraft operators, implementing CORSIA~~re not accounted for twice for departing and incoming flights and to take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021-2023 and set at the average 2019- 2020 level for the years 2024-2035, aircraft operators should be able to deduct the financial value of expenditure on credits used for CORSIA by them for flights other than flights departing from ~~an aerodrome located in the EEA~~ and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom ~~means exempting aircraft operators based outside the Union from the EU ETS obligations for these flights~~.

Amendment 126 #

Proposal for a directive
Recital 19

Amendment 127 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 20

(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from ~~EU ETS or~~ CORSIA obligations and from the possibility to subtract the financial value of CORSIA credits from EU ETS allowances for these routes. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026.

Amendment 128 #

Proposal for a directive
Recital 20

(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026Airline companies should not be able to subtract the financial value of CORSIA credits from EU ETS allowances for flights to and from countries that are not implementing CORSIA.

Amendment 129 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 20

(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026Aircraft operators should not be able to subtract the financial value of CORSIA credits from EU ETS allowances for flights to and from countries that are not implementing CORSIA.

Amendment 130 #

Deirdre CLUNE

Proposal for a directive
Recital 20 a (new)

(20a) To ensure that CORSIA leads to a single global reduction scheme for tackling carbon emissions from aviation by the second and mandatory phase of the ICAO scheme in 2027, the Union has consistently argued in support of robust implementing rules and governance and adequate participation in CORSIA’s voluntary and mandatory phases. In the event that the ICAO global market-based measure is insufficient to achieve the Union’s climate objectives and commitments under the Paris Agreement, other carbon mitigation options should be put in place, such as the extension of the EU ETS for aviation to all flights departing the EEA.

Amendment 131 #

Sunčana GLAVAK

Proposal for a directive
Recital 20 a (new)

(20a) To ensure that CORSIA leads to a single global offsetting scheme for tackling carbon emissions from aviation by the second and mandatory phase of the ICAO scheme in 2027, the Union has consistently argued in support of robust implementing rules and governance and adequate participation in CORSIA’s voluntary and mandatory phases. In the event that CORSIA proves to be insufficient as a measure to achieve the Union’s climate objectives and commitments under the Paris Agreement, other carbon mitigation options should be put in place.

Amendment 132 #

Proposal for a directive
Recital 21

(21) Flights to and from Least Developed Countries and Small Island Developing States, as defined by the United Nations, not implementing CORSIA, other than those states whose GDP per capita equals or exceeds the Union average, should be exempt from EU ETS or CORSIA obligations without an end date for the exemption. Historically, these countries have contributed the least to the increase in the concentration of greenhouse gases in the atmosphere, so the current climate ambition should not pose a risk of further exacerbating their underdevelopment and economic decline, bearing in mind that balanced global efforts are essential to meeting the goals of the Paris Agreement.

Amendment 133 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 21

(21) Flights to and from Least Developed Countries ~~and Small Island Developing States,~~ as defined by the United Nations, are not ~~implementing CORSIA, other than those states whose GDP per capita equals or exceeds the Union average, should be exempt from EU ETS or CORSIA ob~~exempt from EU ETS obligations. However, in line with the IPCCC principle of 'common but differentiated responsibilities', the Union will increase its contribution to international climate finance, using part of the resources created by the appligcation~~s without an end date for the exemption.~~ of the EU ETS to all international flights.

Amendment 134 #

Proposal for a directive
Recital 21

Amendment 135 #

Proposal for a directive
Recital 22

(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive~~, implementing powers s~~ or when it is determined, on the basis of available facts, that a threat of injury which is detrimental to aircraft operators that hould ~~be conferred on the Commission~~an air operator certificate issued by a Member State or are registered in a Member State, including the outermost regions, dependencies and territories of that Member State, exists. The Commission should take measures of a temporary nature to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council, and/or apply EU ETS to aircraft operators from a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in respect of emissions from flights to and from the EEA. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. The measures of a temporary nature should apply until the Commission determines that the distortion of competition or threat of injury no longer exist or when a third country complies with CORSIA in a satisfactory manner or in the same manner equal for all aircraft operators. However, in any event, such measures should not apply longer than 9 months. After 9 months, the Commission should, by means of an implementing act, either extend the duration of the measures or modify them or revoke them. That implementing act should be adopted in accordance with the examination procedure referred to in Article 22a(2).

Amendment 136 #

Proposal for a directive
Recital 22

Amendment 137 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 22

Amendment 138 #

Proposal for a directive
Recital 22

Amendment 139 #

Proposal for a directive
Recital 22 a (new)

(22a) The application of the emission trading system to intra-EU flights could lead to distortions of competition between intra-EU and international flights. The Commission should continuously monitor and assess these distortions following the implementation of this Directive and report to the European Parliament and the Council on the potential risk of carbon leakage. For its assessment, the Commission will take into account the third countries implementing CORSIA, the different regulatory measures, the prices of allowances for airlines, the geographical situation of EU airports and their vulnerability to unfair competition from third countries, the increase in flight prices and the impact on EU tourism destinations. In view of the overall competitiveness of the EU aviation sector, the Commission shall consider the revision of this Directive to level the playing field vis-a-vis third countries, including through the extension of the emission trading system to flights from and to airports located in third countries.

Amendment 140 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Sunčana GLAVAK

Proposal for a directive
Recital 22 a (new)

(22a) The Commission should monitor, evaluate and report potential risk of carbon leakage and distortion of competition following implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent such adverse impacts.

Amendment 141 #

Proposal for a directive
Recital 22 b (new)

(22b) By 31 December of the year following the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less- connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global greenhouse gas emissions reduction in the most cost effective way and preserve a level-playing field. __________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021

Amendment 142 #

Proposal for a directive
Recital 22 c (new)

(22c) The Union and its Member States have consistently supported the development of CORSIA in the International Civil Aviation Organization (ICAO). Several design elements of CORSIA are inspired by the EU ETS. In order to preserve the credibility of the Union and its Member States in ICAO, it is therefore important to align the EU ETS with CORSIA as far as it is appropriate.

Amendment 143 #

Proposal for a directive
Recital 23

(23) In order to ensure uniform conditions for the establishment of a level playing field on routes between two different countries applying CORSIA where those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8) of Directive 2003/87/EC, pursuant to Article 25a(8) of that Directive, implementing powers should be conferred on the Commission to allow aircraft operators based in a Member State to use unit types additional to the list adopted pursuant to Article 11a(8) or not to be bound by the conditions of Article 11a(2) and (3). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

Amendment 144 #

Claudia GAMON, Martin HOJSÍK, Frédérique RIES, Michal WIEZIK

Proposal for a directive
Recital 24

(24) In order to ensure a level playing field on routes between two third countries implementing CORSIA, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of accepting other credits on those routes. It is of particular importance that the Commission carry 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 of 13 April 2016 on Better Law-Making20 . 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. __________________ 20 OJ L 123, 12.5.2016, p.1.deleted

Amendment 145 #

Proposal for a directive
Recital 24 a (new)

(24a) Aviation has an impact on the global climate through releases of Carbon dioxide, nitrogen oxides (NOx), water vapour and sulphate and soot particles. The significance of non-CO2 climate impacts from aviation activities, previously estimated to be at least as important in total as those of CO2 alone, is fully confirmed by the report from the Commission to the European Parliament and the Council ,,Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’. Non-CO2 emissions and their impacts cannot be ignored as they potentially represent approximately 60% of total climate impacts that are important in the shorter term (excluding cloudiness impacts). Air traffic management authorities should apply effective pricing and operational measures in order to incentivise airlines to avoid the formation of contrails and cirrus clouds through changes in flight patterns, namely by ensuring that flights avoid areas where due to specific atmospheric conditions the formation and persistence of such clouds is foreseen. In addition, the Commission should strongly promote research on the formation of contrails and cirrus clouds including effective mitigation measures that do not adversely affect other environmental goals, such as hydrotreating kerosene to reduce aromatics that lead to contrail formation, building cleaner engines to reduce NOx emissions, identifying areas in the atmosphere to avoid flying into to reduce contrail persistence. The Commission should therefore urgently conduct an updated analysis on the non-CO2 effects of aviation and propose an effective legislative tool, such as a multiplier per tonne of CO2 within the EU ETS framework, to address these emissions.

Amendment 146 #

Proposal for a directive
Recital 24 a (new)

(24a) The aviation sector, particularly airports, connect the Union with the rest of the world. However, aircraft operators established in a Member State and major European connecting airports – or hubs – are exposed to strong international competition, particularly in the Union’s neighbourhood. This competition from outside Europe, which has been compounded by the cumulative effects of the EU climate package on Union players, calls for corrective measures to be taken to keep the European aviation sector competitive, to maintain the Union’s connectivity, and to combat carbon leakage and unfair competition, to the benefit of the climate and the European economy. The gradual end to free allocation of emission allowances on flights inside Europe will significantly increase the cost of travelling via Europe and undermine the competitiveness of EU-based companies and connecting airports, to the sole benefit of less environmentally friendly non-EU players, leading to significant carbon leakage as a result of a crowding-out effect. Emission allowances for flights inside Europe to and from a connecting airport in the Union shall continue to be allocated free of charge with a view to tackling carbon leakage, preserving EU connectivity and ensuring fair and equitable competition.

Amendment 147 #

Proposal for a directive
Recital 24 a (new)

(24a) The EU ETS Directive includes the possibility, under Article 29a, for the Commission to convene a meeting of government representatives if, for more than six consecutive months, the carbon price is more than three times the average price during the two preceding years. Nevertheless, despite the EU ETS experiencing unprecedented and harmfully excessive price growth since July 2021, this provision remains unused. The Commission should therefore prepare, as a matter of urgency, an evaluation for the co-legislators to assess whether Article 29a can be considered fit for purpose.

Amendment 148 #

Proposal for a directive
Recital 24 a (new)

(24a) The EU ETS Directive provides for measures in the event of prices for allowances being excessive. However, the European Green Deal legislative reforms together with an unprecedented market rally have led to allowance prices increasing with a dramatic impact on EU ETS-related costs. The Commission should present a report to the European Parliament and Council assessing if the current measures are still effective and if they need to be amended.

Amendment 149 #

Proposal for a directive
Recital 25

Amendment 150 #

Proposal for a directive
Recital 25

Amendment 151 #

Radan KANEV

Proposal for a directive
Recital 25

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union and for any destination within a Member State, which is not accessible via high-speed railway, especially in the case when such destination lies on a transit corridor, comprising third countries. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and in any aerodrome located in the ~~same Member State~~EU. The same derogation applies for emissions from flights of more than 600 km between a destination, which is not accessible via high-speed railway and any aerodrome located in the EU.

Amendment 152 #

Proposal for a directive
Recital 25

(25) Special consideration should be given to ~~promoting~~the accessibility ofor the outermost regions of the Union~~. Therefore, a derogation from the EU ETS should be pro~~ and to providing the best possible territorial continuity with them. From the entry into force of the revidsed ~~for~~Directive 2003/87/EC, an exemption shall apply to emissions from flights ~~between~~to and from an aerodrome ~~located~~ in an outermost region ~~of a Member State~~, as defined in Articles 349 and 355 of the Treaty on the Functioning of the European Union, and an aerodrome located in the same Member State.

Amendment 153 #

Pascal CANFIN, Stéphane BIJOUX

Proposal for a directive
Recital 25

Amendment 154 #

Proposal for a directive
Recital 25

Amendment 155 #

Proposal for a directive
Recital 26

(26) ~~A comprehensive approach~~The end of free allowances as of 2024 and the end of the derogation from the application of the EU ETS to in~~nov~~ternation ~~is important to achieving the European Green Deal objectives and for~~al flights will generate substantial revenues. 50% of the revenues associated with the extension of the scompetitiveness of the European industry. This is of particular importance for hard to decarbonise sectors such as aviation and shipping where a combination of operational improvements, alternative climate-neutral fuels and technological solutions need to be deployed. Therefore, Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. At EU level, the necessary R&I efforts, are supported among others, through the Horizon Europe Framework Programme, which includes significant funding and new instruments for the sectors coming under the ETS should be re-injected into the aviation industry via the Innovation Fund to support the development of zero emission technologies and reduce the climate and environmental impacts of the aviation sector, in particular to address the non- CO2 impacts. 25% should be used by Member States for actions in accordance with article 10(3), in particular actions that support the decarbonisation of the transport system and support long distance alternatives to aviation with a lower climate impact. 25% of the revenues should be used for international climate finance, both for mitigation and adaptation.

Amendment 156 #

Proposal for a directive
Recital 26

(26) A comprehensive approach to innovation is important to achieving the European Green Deal objectives and for the competitiveness of the European industry. This is of particular importance for hard to decarbonise sectors such as aviation and shipping where a combination of operational improvements, alternative climate-neutral fuels and technological solutions need to be deployed. Therefore, Member States should ensure that the national transposition provisions do not hamper innovations and are technologically neutral. At EU level, the necessary R&I efforts, are supported ~~among others, through~~in addition to the Aviation Fund, through for example the Horizon Europe Framework Programme, which includes significant funding and new instruments for the sectors coming under the ETS.

Amendment 157 #

Deirdre CLUNE

Proposal for a directive
Recital 26 a (new)

(26a) All of the revenues generated by the auctioning of allowances for the aviation sector of the Innovation Fund should support innovation in the aviation sector, in proportion to the payment by companies for the auctioning of allowances. In particular, the Innovation Fund should support projects related to the development and implementation of new technologies and designs aiming to reduce greenhouse gas emissions from the aviation sector, particularly in the areas of clean and sustainable aviation fuels and operational, aeronautics, airframe and engine innovation.

Amendment 158 #

Claudia GAMON, Martin HOJSÍK, Frédérique RIES, Michal WIEZIK

Proposal for a directive
Recital 26 a (new)

(26a) Pursuant to Article 30(4) of this Directive, the Commission presented an updated analysis of the non-CO2 effects of aviation. That analysis found that uncertainties remain with regard to those impacts, and how to assess them in terms of equivalent emissions metrics. Moreover the challenges of finding an appropriate multiplier to account for the climate effects of non-CO2 emissions as well as the uncertainty about the climate impact of NOX, and the potential unintended consequences, creates a political risk for the integrity of the EU ETS.

Amendment 159 #

Proposal for a directive
Recital 26 a (new)

(26a) In addition, a part of the revenues from the auctioning of aviation allowances should be used under the Innovation Fund of the EU ETS to support the fast transition towards clean technologies and decarbonisation in the aviation sector, in particular relating to the uptake of such technologies, notably clean and sustainable aviation fuels as well as designs aiming to reduce the climate impact of the aviation sector, particularly in the areas of operational, aeronautics, airframe and engine innovation.

Amendment 160 #

Proposal for a directive
Recital 26 a (new)

(26a) A significant part of the Innovation Fund should support innovation in the aviation sector, in particular projects related to the development and implementation of new technologies and designs aimed at reducing greenhouse gas emissions from the aviation sector, for example in the areas of clean and sustainable aviation fuels, operational, aeronautics, airframe, and engine innovation, and concerning airport infrastructure and electric aircraft, including through innovation prizes.

Amendment 161 #

Proposal for a directive
Recital 26 a (new)

(26a) Where appropriate, additional support may be given to encouraging investments and financial, technical, and know-how support for including carbon removal by natural and technological means, including direct air capture, and its geological or biological sequestration, or otherwise utilisation, as a certificate to be used in the EU ETS for aviation.

Amendment 162 #

Sirpa PIETIKÄINEN

Proposal for a directive
Recital 26 a (new)

(26a) In order to achieve the Union's climate targets for 2030 and 2050 and the target of 1,5 °C of the Paris Agreement, the Commission should have a roadmap on how and when fossil free aviation is achieved.

Amendment 163 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Frédérique RIES, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 26 b (new)

(26b) The deployment of clean and sustainable aviation fuels has a big potential to reduce greenhouse gas emissions in the aviation sector. Due to their significantly higher production cost, these fuels are not yet economically viable. In the light of mandatory quotas for the share of sustainable aviation fuels as laid down in a Regulation at Union level on ensuring a level playing field for sustainable air transport and various voluntary commitments, planning certainty regarding the emissions counting under the EU ETS is crucial. Therefore, the Commission should without delay update the emissions accounting for these fuels to avoid double-counting and provide for zero- counting under the EU ETS for renewable fuels of non-biological origin and recycled carbon fuels produced using renewable sources, such as electrofuels, where it can be ascertained that corresponding EU ETS allowances for captured greenhouse gases have been surrendered in the manufacturing process. Until then, emissions from these fuels should be counted zero.

Amendment 164 #

Proposal for a directive
Recital 26 b (new)

(26b) Where appropriate, additional support may be given to pilot projects which create fuel for commercial aircraft from the utilisation of removed or captured carbon through technological means, such as carbon capture storage and utilisation (CCSU) or direct air capture, with the view of it becoming increasingly utilised.

Amendment 165 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 26 c (new)

(26c) Given the increasing carbon costs resulting from the full auctioning of allowances in the aviation sector, an economic disadvantage may arise for aircraft operators using hubs within the Union compared to those using hubs outside the Union. As flights to third country hubs are currently not covered by the EU ETS, there might be an advantage for those operators feeding flights outside the Union, where less stringent emission reduction measures are applied. This could lead to shift to these hubs and therefore an increase of emissions eventually resulting in negative impacts on global warming. Extending the scope of the EU ETS to flights from and to aerodromes outside the EEA, Switzerland and the United Kingdom would lead to a fairer competition and more efficient greenhouse gas reduction.

Amendment 166 #

Proposal for a directive
Recital 27 a (new)

(27a) Multilateral cooperation is essential to tackle climate change, especially in sectors like aviation. The Union and its Member States must pursue to promote policy measures within the Union and globally that have the highest environmental integrity and aligned the contribution of the aviation sector’s emission reductions adequately to the goals of the Paris Agreement, while reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. Furthermore, the implementation of CORSIA must not undermine the Union’s sovereignty to regulate its share of emissions from aviation in line with the obligations of the Paris Agreement, especially by applying the EU ETS. The aspirational long-term emissions reduction goal of the aviation sector should be reducing emissions to zero by 2050.

Amendment 167 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Sunčana GLAVAK

Proposal for a directive
Recital 27 a (new)

(27a) The endeavour to reduce greenhouse gas emissions on a global scale and minimise and reverse the negative effects of climate change is a global undertaking, and as such, the Union should encourage international partners to commit to additional actions beyond carbon neutral growth and reduce greenhouse gas emissions in the aviation sector, including through ICAO, namely the Committee on Aviation Environmental Protection (CAEP) and upcoming Assemblies 41 and 42, as well as at the upcoming UNFCCC COP27 and COP28 summits;

Amendment 168 #

Proposal for a directive
Recital 27 a (new)

(27a) The Commission should consider possible amendments to Directive 2003/87/EC with regards to regulatory simplification. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.

Amendment 169 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

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

Directive 2003/87/EC
Article 3 – point u a (new)

-1. In Article 3, the following point is added: “(ua) ‘non-CO2 emissions’ means the release of oxides of nitrogen (NOx), soot particles, oxidised sulphur species, and water vapour from an aircraft performing an aviation activity listed in Annex I.”.

Amendment 170 #

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

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

(a) paragraph 2 is ~~deleted,~~replaced by the following: “2. For the period referred to in Article 13, beginning on 1 January 2013, and, in the absence of any amendments following the review referred to in Article 30(4), for each subsequent period till the end of [2026], the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 95 % of the historical aviation emissions multiplied by the number of years in the period. 15 % of allowances shall be auctioned. 85 % of allowances shall be allocated for free in accordance with Article 3d (1d) of this Directive.”

Amendment 171 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)

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

(aa) the following paragraph is inserted: 3aa. The Commission shall review the total quantity of allowances to be allocated to aircraft operators in accordance with Article 30(4a).

Amendment 172 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

Amendment 173 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Amendment 174 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

Amendment 175 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 20247 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 20236, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 20247 if the rules for free allocation were not updated.

Amendment 176 #

Sunčana GLAVAK, Inese VAIDERE, Esther DE LANGE

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

Amendment 177 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5 a (new)

5a. 20 million of the total quantity of allowances referred to in paragraph 5 for the period from [the date of entry into force of this Directive] until 1st of January 2030 shall be reserved to be allocated for free in respect of aircraft operators that uplift sustainable aviation fuels. XX % of those allowances shall be allocated specifically for the uplifting of synthetic aviation fuels, including hydrogen.

Amendment 178 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5 a (new)

5a. Additional allocation of allowances will be distributed to aircraft operators corresponding to their CORSIA obligation stemming from international flights between Member States, the United Kingdom and Switzerland. These allowances will be allocated to operators in the EU ETS compliance year that is subsequent to the CORSIA compliance year without prejudice to the free allocation.

Amendment 179 #

Sunčana GLAVAK, Inese VAIDERE, Esther DE LANGE

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5 a (new)

5a. 20 million of the total quantity of allowances referred to in paragraph 5 of this Article and for subsequent years up to 2030 shall be reserved to be allocated for free in respect of aircraft operators that uplift sustainable aviation fuels. 50% of these allowances shall be allocated specifically for the uplifting of synthetic aviation fuels.

Amendment 180 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5 b (new)

5b. As from [the date of entry into force of this Directive], the 20 million allowances referred to in paragraph 5a shall be allocated free of charge for the uplifting of sustainable aviation fuels on a non-discriminatory basis. Each aircraft operator may apply for an allocation of the allowances that are to be allocated free of charge for flights covered by the EU ETS until 1st of January 2030 based on the uplifting of the fuels referred to in paragraph 5a from [the date of entry into force of this Directive]. The quantity of allowances shall be proportionate to the total greenhouse gas emissions saved according to the treatment of those fuels under Directive (EU) 2018/2001 and the implementing acts referred to in Article 14(1) of this Directive. The Commission shall ensure that CO2 from fossil fuel is properly accounted for under the EU ETS. Where this is the case, synthetic aviation fuels shall be rated with zero emissions for the aircraft operators using them. The Commission shall publish details of the cost difference between kerosene and sustainable aviation fuels on a yearly basis. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the allocation of aviation allowances for free for uplifting of sustainable aviation fuels by covering the price difference per tonne of CO2 saved from using those fuels instead of kerosene.

Amendment 181 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights ~~departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom~~between the _Union and third countries, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations~~, including free allocation and auctioning,~~ which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.

Amendment 182 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 20236, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.

Amendment 183 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.(Does not affect English version.)

Amendment 184 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

Amendment 185 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

Amendment 26 #

Draft legislative resolution
Citation 2

— having regard to Article 294(23) and Article 192(12) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0319/2021),

Amendment 27 #

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12) thereof,

Amendment 28 #

Proposal for a directive
Recital 1

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. ~~Aviation activiti~~Emissions from all flights arriving at and departing from Union aerodromes were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 ~~. __________________~~. The Court of Justice of the European Union ruled in its judgment of 21 December 20111a that the inclusion of aviation activities in the EU ETS pursuant to that Directive does not violate international law. Flights with origin from or destination to Member States are intrinsic part of the socio- economic activity of the Union and their emissions should therefore be accounted as such. __________________ 1aJudgment of the Court of Justice of 21 December 2011, Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change, C-366/10, ECLI:EU:C:2011:864. 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 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 29 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 1

Amendment 30 #

Proposal for a directive
Recital 1 a (new)

(1a) The Union’s climate and environmental policy should be implemented in line with the principle of a fair and just transition that leaves no one behind. In addition, pursuant to Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), Union policy on the environment is to aim at a high level of protection taking into account the diversity of situations in the various regions of the Union, and is to be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should, as a priority, be rectified at source and that the polluter should pay.

Amendment 31 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 1 a (new)

(1a) In April 2013, the Union, under international pressure, discontinued the enforcement of certain provisions of Directive 2008/101/EC by introducing the so-called ‘stop the clock’ derogation, which excluded all extra-EU flights from the EU ETS. The derogation was put in place in order for the International Civil Aviation Organization (ICAO) to establish a global agreement on regulating international aviation emissions, and it has been extended twice, first until 2017 and subsequently until 2023.

Amendment 32 #

Proposal for a directive
Recital 1 a (new)

(1a) In order to facilitate progress at the ICAO on the establishment of a global framework for emissions reductions from international aviation, the Union adopted a number of time-bound derogations to the EU ETS to limit compliance obligations to emissions from flights between aerodromes situated in the European Economic Area. The last derogation, introduced by Regulation (EU) 2017/2392, applies until the year 2023.

Amendment 33 #

Proposal for a directive
Recital 2

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. By adopting the Glasgow Climate Pact in November 2021, its Parties recognised that keeping the increase in the global average temperature to 1,5°C above pre- industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 in order to accelerate climate action in this critical decade and to close the ambition gap with the 1,5°C target. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation~~. __________________~~, which is one of the fastest growing sources of greenhouse gas emissions. Between 1990 and 2018, total EU aviation emissions grew from 1,5% of EU emissions to 3,6%, not accounting for non-CO2 emissions. In 2018, Eurocontrol projected an annual increase in European aviation emissions by 53% by 2040 compared to 2017. Even though the COVID-19 pandemic impacts air travel demand, this does not seem to significantly impact the dominant upward trend1a. __________________ 1a Eurocontrol. 2018. European aviation until 2040: Challenges of Growth. Available at: https://www.eurocontrol.int/sites/default/fi les/2019-07/challenges-of-growth-2018- annex1_0.pdf. 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

Amendment 34 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 2

Amendment 35 #

Proposal for a directive
Recital 2

Amendment 36 #

Proposal for a directive
Recital 2 a (new)

(2a) Before the COVID-19 pandemic, Eurocontrol had projected an annual increase in European aviation emissions by 53% by 2040 compared to 2017. Before the COVID-19 crisis, ICAO had estimated that, by 2040, international aviation emissions could rise by up to 150% compared to 2020. The Communication of 11 December 2019 on The European Green Deal1a clearly states that a 90% reduction by 2050 relative to 1990 levels for transport emissions is needed to achieve climate neutrality, recognising that aviation will need to contribute to this goal. Furthermore, in the public consultation on updated rules for aviation EU ETS, 91% of respondents agree that aviation should contribute more to climate actions. __________________ 1a COM(2019) 640 final

Amendment 37 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 2 a (new)

(2a) Aviation accounts for 2-3 % of total human-induced CO2 emissions globally, positioning the sector, if it were a state, within the top ten world emitters. In the Union, direct emissions from aviation account for 3,7 % of total CO2 emissions. The aviation sector generates 15,7 % of the emissions from transport, making it the second biggest source of transport greenhouse gas emissions after road transport. While emissions from stationary sectors covered by the EU ETS have decreased by almost 20 % since 2013, aviation emissions have increased by almost 28 %.

Amendment 38 #

Proposal for a directive
Recital 2 b (new)

(2b) The urgency of not exceeding the Paris Agreement goal of 1,5 °C has become more significant following the findings of the Intergovernmental Panel on Climate Change (IPCC) in its reports of 8 October 2018 entitled ‘Global warming of 1,5°C’ and of 7 August 2021 entitled ‘Climate Change 2021: The Physical Science Basis’. The IPCC found that the consequences of climate change are far more destructive if global warming is failed to delimit to 1,5 °C and reaches 2°C. In addition, global temperature will reach or exceed the 1,5 °C mark earlier than previously anticipated, namely averaging over the next 20 years. It also found that unless there are immediate and ambitious reductions in greenhouse gas emissions, it will no longer be possible to limit global warming to close to 1,5 °C or even 2°C.

Amendment 39 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 2 b (new)

(2b) While the COVID-19 pandemic caused a temporary reduction of aviation traffic, existing pre-COVID-19 pandemic projections point to an annual increase in aviation emissions at global and Union level by 150 % by 2040, compared to 2020, and by 53 % by 2040, compared to 2017, respectively.

Amendment 40 #

Proposal for a directive
Recital 2 c (new)

(2c) In its resolution of 28 November 2019 on the climate and environment emergency2a, the European Parliament urged the Commission to take immediate and ambitious action to limit global warming to 1,5°C and to avoid massive biodiversity loss, including by addressing inconsistencies in current Union policies with the climate and environment emergency and by ensuring that all relevant future legislative and budgetary proposals are fully aligned with the objective of limiting global warming to under 1,5°C and that they do not contribute to biodiversity loss. __________________ 2a P9_TA(2019)0078

Amendment 41 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 2 c (new)

(2c) Swift policy action is therefore needed in order to regulate aviation emissions at Union and global level by increasing the level of ambition through the use of carbon pricing tools based on environmental integrity and the efficient interplay between the global and Union market-based instruments that ensure aviation’s contribution to economy-wide emissions reduction.

Amendment 42 #

Proposal for a directive
Recital 2 d (new)

(2d) The need for urgent action is further intensified by the increase in the frequency and intensity of extreme weather conditions as a direct result of climate change. According to the United Nations Office for Disaster Risk Reduction, the number of disasters recorded and the scale of economic losses have nearly doubled in the last 20 years, much of which increase corresponds to the significant rise in the number of climate-related disasters that pose a significant threat to human health. Furthermore, in its resolution 48/13 of 8 October 2021, the UN Human Rights Council recognised right to a safe, clean, healthy and sustainable environment as a human right.

Amendment 43 #

Proposal for a directive
Recital 2 e (new)

(2e) By adopting the Glasgow Climate Pact in the United Nations Climate Change Conference (COP26) in November 2021, its Parties recognised that limiting the increase in the global average temperature to 1,5 °C above pre- industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 to close the ambition gap.

Amendment 44 #

Proposal for a directive
Recital 2 f (new)

(2f) The Union should therefore address this urgency by stepping up its efforts and establishing itself as an international leader in the fight against climate change, while reflecting the principles of equity and of common but differentiated responsibilities and respective capabilities, as laid down in Article 2(2) of the Paris Agreement.

Amendment 45 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 3

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States ~~continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 . __________________~~implement CORSIA from the start of the pilot phase 2021-202313. However, in terms of its effectiveness in reaching the goals of the Paris Agreement as well as the Union's climate targets, CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement3a. The Union and its Member States should therefore be actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA and improving its environmental integrity, thereby ensuring that it effectively reduces aviation emissions. It is also important that the enforceability and the public access to information linked to CORSIA be improved. __________________ 3aAssessment of ICAO's global market- based measure (CORSIA) pursuant to Article 28b and for studying cost pass- through pursuant to Article 3d of the EU ETS Directive. 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

Amendment 46 #

Proposal for a directive
Recital 3

Amendment 47 #

Proposal for a directive
Recital 3 a (new)

(3a) In its resolution of 21 October 2021 on the 2021 UN Climate Change Conference in Glasgow, UK (COP26)3a, the European Parliament highlighted the fact that the transport sector is the only sector in which emissions at EU level have risen since 1990 and that this is not compatible with a long-term climate neutrality objective, which requires bigger and faster reductions in emissions from all sectors of society, including the aviation. The European Parliament also expressed concerns of the slow progress achieved in the ICAO in addressing emissions from international aviation and called on the Commission and the Member States to do their utmost to strengthen CORSIA and to support the adoption by the ICAO of a long-term goal to reduce in-sector emissions. In addition, the European Parliament stated that measures should be implemented at international, regional and national level, to reduce emissions from the sector, including non-CO2 impacts from aviation. The European Parliament also reiterated that in this context the need to regulate the sector under the EU emissions trading system (EU ETS), which could also serve as a role model for the parallel work, supporting the higher global ambition at international level, including in the ICAO. Furthermore, the European Parliament called on the Commission and the Member States to do their utmost to strengthen CORSIA and to support the adoption by the ICAO of a long-term goal to reduce in-sector emissions while safeguarding the Union’s legislative autonomy in implementing the EU ETS Directive. __________________ 3a P9_TA(2021)0437

Amendment 48 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 3 a (new)

(3a) With a view to strengthening the CORSIA provisions and contributing to the scheme’s improvements and adjustments, the Council should adopt a decision on the position to be taken on behalf of the Union at the 41st ICAO Assembly to be held from 27 September to 7 October 2022. In the context of the first CORSIA periodic review, in its position the Union should promote a long-term reduction goal, a global carbon-pricing scheme, strong sustainability criteria for offsets, CORSIA’s environmental integrity, its effectiveness in aviation emissions reduction, wide international participation, enforcement of its provisions, and public access to information related to operations under CORSIA.

Amendment 49 #

Proposal for a directive
Recital 3 b (new)

(3b) A report, commissioned by the European Commission, of September 2020 entitled ‘Assessment of ICAO's global market-based measure (CORSIA) pursuant to Article 28b and for studying cost pass-through pursuant to Article 3d of the EU ETS Directive’ by ICF Consulting, Air Transportation Analytics, New Climate Institute, Cambridge Econometrics, HFW and Sven Starckx highlighted the severe shortcomings of ICAO’s CORSIA scheme. The report stated that there are a number of features of CORSIA, which imply its level of ambition for the international aviation sector is misaligned with, and weaker than the global level of ambition required to keep within the temperature goals of the Paris Agreement. In addition, the report stated that leaving all international aviation outside the scope of the EU ETS would risk undermining these objectives and weakening current EU climate policies. The report also found that there is a risk the CORSIA scheme may only provide a limited climate benefit compared to the case in which international aviation emissions remain unregulated. Out of all considered policy options in the report, CORSIA foresaw the largest growth to emissions and weakest macroeconomic outcomes, whereas full scope of EU ETS was seen to deliver the biggest climate benefits with relatively low cost impact, while providing positive effects on employment and economy under the parameters used in the study. Furthermore, the report pointed to questionable criteria, low price and oversupply of offsetting credits, lack of participation of high emitting countries and problems in transparency and enforceability. A large body of other reports, academic studies and expert have drawn similar conclusions of the lack effectiveness and integrity of ICAO’s CORSIA scheme.

Amendment 50 #

Proposal for a directive
Recital 4

(4) In line with Council Decision (EU) 2018/202714 , Member States notified the ICAO Secretariat of differences between CORSIA and the EU ETS. The objective was to preserve the Union acquis and future policy space, as well as the Union level of climate ambition and the exclusive roles of the European Parliament and Council in deciding the contents of Union legislation. Following the adoption of this amendment to Directive 2003/87/EC, the notification of differences between CORSIA and the EU ETS to the ICAO Secretariat should be updated to reflect the revisions made to Union law. However, the implementation of CORSIA or other relevant international agreements must not undermine the Union’s competence to regulate its share of emissions from aviation in line with the obligations of the Paris Agreement, especially by applying the EU ETS to air travel. __________________ 14 Council Decision (EU) 2018/2027 of 29 November 2018 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization in respect of the First Edition of the International Standards and Recommended Practices on Environmental Protection — Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (OJ L 325, 20.12.2018, p. 25).

Amendment 51 #

Proposal for a directive
Recital 5

(5) Tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement are a~~t the core of~~ddressed in the Communication on “The European Green Deal”, adopted by the Commission on 11 December 201915 . __________________ 15 COM(2019)640 final.

Amendment 52 #

Proposal for a directive
Recital 6

(6) The Union undertook to reduce its economy-wide net greenhouse gas emissions by at least 55 % below 1990 levels by 2030 in the updated nationally determined reduction co~~mmitment~~ntributions of the Union and its Member States submitted to the UNFCCC Secretariat on 17 December 202016. __________________ 16 https://www4.unfccc.int/sites/ndcstaging/P ublishedDocuments/European%20Union% 20First/EU_NDC_Submission_December %202020.pdf

Amendment 53 #

Proposal for a directive
Recital 7

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest and the aim to achieve negative emissions thereafter in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. __________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

Amendment 54 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 7

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. __________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

Amendment 55 #

Proposal for a directive
Recital 7

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest and of achieving negative emissions thereafter in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also ~~establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55%~~increased the EU 2030 intermediate climate target to at least 55% net greenhouse gas emissions reduction below 1990 levels by 2030. __________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

Amendment 56 #

Sunčana GLAVAK

Proposal for a directive
Recital 7 a (new)

(7a) Aviation activities have an impact on the global climate through the release of carbon dioxide (CO2) and non-CO2 emissions such as oxides of nitrogen (NOx), water vapour, oxidised sulphur species and soot particles as detailed by the Commission in its report entitled “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’ .

Amendment 57 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 8

(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 and to achieve the target of economy-wide climate neutrality by 2050 at the latest, as set out in Regulation (EU) 2021/ … 1119.

Amendment 58 #

Proposal for a directive
Recital 8

(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ … .(Does not affect English version.)

Amendment 59 #

Proposal for a directive
Recital 8

Amendment 60 #

Proposal for a directive
Recital 8

(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding ~~Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ …~~climate objectives laid out in in Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement.

Amendment 61 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 8 a (new)

(8a) In addition to CO2, aviation affects the climate through non-CO2 emissions such as water vapour (H2O), oxides of nitrogen (NOx), sulphur dioxide (SO2) and soot particles, as well as through atmospheric processes caused by such emissions, for example the formation of ozone and contrail cirrus. The climate impact of such non-CO2 emissions depends on the type of fuel and engines used, on the location of the emissions, in particular cruise altitude and latitude/longitude, and the time of the emissions/weather conditions. The International Panel on Climate Change estimated both in 1997 and 2007 that the effects of non-CO2 emissions from aviation are two to four times higher than the effect of aviation's CO2 emissions alone. Based upon those findings and the Commission’s Impact Assessment of 2006 on the inclusion of aviation in the EU greenhouse gas Emissions Trading Scheme (EU ETS), Directive 2008/101/EC recognised that aviation has an impact on the global climate through releases of non-CO2 emissions. The European Parliament, at that time, called, in its position, for a multiplier to be applied to every tonne of CO2 emitted, but no concrete measures were adopted. Article 30(4) of Directive 2003/87/EC, as amended by Directive (EU) 2018/410 of the European Parliament and of the Council, required the Commission to present an updated analysis of the non- CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best to address those effects, before 1 January 2020. To fulfil this requirement, the European Union Aviation Safety Agency (EASA) conducted an updated analysis of the non-CO2 effects of aviation on climate change and published its study on 23 November 2020. The findings of the study fully confirmed what had been previously estimated, namely that the significance of non-CO2 climate impacts from aviation activities are at least as important in total as those of CO2 alone.

Amendment 62 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 8 b (new)

(8b) Non-CO2 emissions and their impacts cannot be ignored as they are responsible for about two thirds of the climate impact of aviation. Therefore, the Commission should put forward policy measures without delay in order to reduce such emissions and mitigate the related effects.

Amendment 63 #

Proposal for a directive
Recital 9

(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s ~~2030 climate targe~~objectives laid out in Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

Amendment 64 #

Proposal for a directive
Recital 9

(9) Aviation should contribute to the rapid, deep and sustained emission reduction ~~effort~~s necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

Amendment 65 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 9

(9) Aviation should contribute to the emission reduction ~~efforts~~ necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

Amendment 66 #

Proposal for a directive
Recital 9 a (new)

(9a) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides (NOx), water vapour and sulphate and soot particles. The report from the Commission to the European Parliament and the Council “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’ confirmed that climate impacts from aviation activities are at least twice as much as those of CO2 alone. In accordance with Article 172(4) of the TFEU, the Union’s environmental policy is to be based on the precautionary principle, and Directive 2008/101/EC already called for addressing the non- CO2 impacts of aviation. As non-CO2 emissions are short-lived, EU regulatory measures are urgently needed to achieve significant and immediate reductions of emissions and keep the Paris 1,5 C target within reach. Requirements introduced by “Refuel EU Aviation” legislation for the uptake of sustainable aviation fuels, potentially complemented with requirements to reduce aromatics and sulphur content in conventional jet fuel, should reduce contrail and soot emissions in the medium- and long-term, while improving also air quality around airports. While more Union funding for research on the formation of non-CO2 effects and on effective mitigation measures is needed, this Directive introduces price incentives for the aviation industry to adopt technological and operational measures that reduce non-CO2 emissions. A multiplier will be applied to every tonne of CO2 emitted. Meanwhile, the Commission will set up a pilot monitoring, reporting and verification system for non-CO2 emissions and allow participating aircraft operators to be exempted from the payment of the multiplier. Building on such pilot system, the Commission will then establish proper monitoring, reporting and verification (MRV) requirements and EU ETS pricing for such emissions.

Amendment 67 #

Proposal for a directive
Recital 9 a (new)

(9a) In order to ensure the objectives and integrity of the Union’s climate policies and to promote adequate progress in ICAO and other relevant international arenas dealing with aviation’s climate impacts, EU ETS should be applied to all flights departing from or arriving at an aerodrome located in the EEA. To avoid double pricing of emissions of flights and to take due account of CORSIA offsetting obligations, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes by applying a methodology and mechanism determined by the Commission.

Amendment 68 #

Proposal for a directive
Recital 9 b (new)

(9b) In its report of 24 November 2020 entitled ‘Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to the EU Emissions Trading System Directive Article 30(4)’ the European Union Aviation Safety Agency (EASA) fully confirmed previous estimates that the significance of combined non-CO2 climate impacts from aviation activities are at least as important as those of CO2 alone. In order to regulate the whole climate impact of the aviation sector, the allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.

Amendment 69 #

Proposal for a directive
Recital 9 c (new)

(9c) Until 2018, over half of the global greenhouse gas emissions and other radiative forcing of the aviation sector were caused by the air travel demand of one percent of world’s population. Before the COVID-19 crisis in 2018, mere 11 % of the world’s population used air transport, of which international flights constituted for less than 4 %. The number of flights per year grew in relation to income between and within countries. In industrial countries, less than half of the population use air travel annually. The largest emitters from aviation sectors are individuals using private aircrafts causing up to 7 500 tonnes of carbon dioxide every year, excluding non-CO2 warming effects1a. Still, most private jets have fell below the threshold of maximum certified take-off mass greater than 5 700 kg laid out in this Directive, giving these individuals an exemption of carbon pricing under aviation activities. In order to enhance mitigation efforts and social justification of climate policies, the take- off mass requirements should be repealed and the Commission should provide a further assessment on the measures that should be implemented to reduce the climate impact of high emitting individuals. __________________ 1aGössling, S. & Humpe A. The global scale, distribution and growth of aviation: Implications for climate change. Global Environmental Change, Volume 65, 2020.

Amendment 70 #

Proposal for a directive
Recital 9 d (new)

(9d) Due to the urgency of climate change, no sector of the society cannot be exempt from emission reduction efforts. Currently, global military aviation fleet outweighs the civilian fleet in numbers, but due to lack of data transparency, the emissions of military aviation are hard to estimate accurately. In order for the military sector to adequately contribute to climate change mitigation efforts, the exemption of military flights should be repealed.

Amendment 71 #

Proposal for a directive
Recital 9 e (new)

(9e) In its report of 15 June 2020 entitled ‘The EIB Climate Survey 2019- 2020’, the European Investment Bank found that 62% of European citizens supported a ban on short-haul flights.

Amendment 72 #

Proposal for a directive
Recital 9 f (new)

(9f) Trains provide a sustainable alternative to air travel and the two modes of transportation often compete of the same customers, especially on short distances. However, train rides are often costlier than air travel. To incentivise low- carbon alternatives to air travel on routes where train journeys of two and a half hours or less exist as an alternative, aircraft operators should surrender three times the number of allowances that is equal to their total emissions.

Amendment 73 #

Proposal for a directive
Recital 9 g (new)

(9g) Similar to events of closure of electricity generation capacity in their territory due to additional national measures, Member States should be allowed to cancel EU ETS allowances as a result of national measures that reduce the supply or demand of air travel under the EU ETS.

Amendment 74 #

Proposal for a directive
Recital 10

Amendment 75 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 10

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition, in particular to achieve a just transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. For the EU ETS revision for phase four (2021-2030), an increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the extension of the scope to cover flights between the Union and third countries. The share of such increased auction revenues that is attributed to the general budget of the Union as well as the revenue from payments of penalties settled by the aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to decarbonisation of the aviation sector. That funding should be used especially for operational, aeronautics, airframe and new propulsion technologies, and sustainable aviation fuels that can reduce the climate and environmental impacts of the aviation sector, in particular the non-CO2 impacts of aviation. Funding should be inclusive in terms of involvement of stakeholders from public and private sectors representing a wide geographical and competence base across the Member States, and all information on the projects and investments supported by the Innovation Fund should be made available to the public.

Amendment 76 #

Proposal for a directive
Recital 10

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes in the Union, especially through the Aviation Fund, and allocated to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities.

Amendment 77 #

Proposal for a directive
Recital 10

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all emission auction revenues that are not attributed to the Union budget should be used for climate- related purposes.

Amendment 78 #

Proposal for a directive
Recital 10 a (new)

(10a) The EU ETS should contribute to effectively decarbonising air transport activities as much as possible. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through economic incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported. The amount of free allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits and are more costly to purchase for aircraft operators. The Commission should regularly review the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency (EASA) pursuant to a regulation at Union level on ensuring a level playing field for sustainable air transport.

Amendment 79 #

Proposal for a directive
Recital 10 a (new)

(10a) The successful transition to zero emission aviation requires an integrated approach and the appropriate enabling environment to stimulate innovation. That enabling environment involves public and private investment in research and innovation, technological and operational measures to improve the energy efficiency of aviation. An Aviation Fund should be established from revenues generated from the auctioning of allowances in respect of aviation activities under the EU ETS to hasten the deployment of e-kerosene, especially such that uses the atmosphere as a feedstock for CO2 in production, increased operational efficiency of aviation activities and just transition in the aviation sector. Furthermore, all activities under the Aviation Fund should be aligned with the conditions laid out in Articles 17 and 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council and the European Pillar of Social Rights, while promoting responsible corporate operations, diffusion of innovation and rule of law in the Union and its Member States.

Amendment 80 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Cyrus ENGERER, Jytte GUTELAND

Proposal for a directive
Recital 10 a (new)

(10a) This Directive should fully acknowledge the social dimension of the transition towards sustainable aviation. In order to ensure a socially just transition in the aviation sector and to protect the most vulnerable within the sector, an enhanced social dialogue at all stages should be promoted and funds should be made available within the EU ETS in order to provide training, re-skilling and up- skilling for workers. In addition, the Commission should present a report to the European Parliament and the Council on the application of this Directive and its impact on the internal market as regards the aviation sector, with particular focus on the social impacts.

Amendment 81 #

Proposal for a directive
Recital 10 a (new)

(10a) With a view to stimulating innovation in the relevant sectors, the additional revenue generated by the revision of Directive 2003/87/EC shall be allocated, at least in part, to the EU Innovation Fund. The EU Innovation Fund shall include an aviation programme designed to achieve the EU’s climate targets by stimulating research and development, scaling up production and the use of sustainable aviation fuels and synthetic fuels, and fostering technological disruption in the aviation sector.

Amendment 82 #

Proposal for a directive
Recital 10 a (new)

(10a) The further greening of air travel is not possible without significant advances in technology and its uptake by the market, which requires earmarking, for the purpose of research and development (R&D) investment exclusively in the aviation sector, revenues generated from the purchase of EU ETS allowances by aircraft operators.

Amendment 83 #

Proposal for a directive
Recital 10 b (new)

(10b) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting aviation transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in a regulation at Union level on ensuring a level playing field for sustainable air transport, including systems for collection of raw materials for sustainable aviation fuels, investments in research and development and first industrial application of technologies and designs reducing greenhouse gas emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure. The Commission should submit legislative proposals for the creation of an Aviation Fund in the context of the proposals for the MFF Mid-term revision. The Aviation Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.

Amendment 84 #

Milan BRGLEZ, Robert HAJŠEL, Tiemo WÖLKEN, Jytte GUTELAND

Proposal for a directive
Recital 10 b (new)

(10b) Flights spanning 1 000 kilometres and less account for 6-9 % of total aviation CO2 emissions. Pending the technological breakthroughs and availability of zero-emission aviation fuels and aircrafts, measures should be put in place in order to promote a modal shift towards alternative, more sustainable modes of transport, especially for the flight segment comprising regional and the lower-end of short-range flights, namely flights of a range under 1 000 kilometres.

Amendment 85 #

Proposal for a directive
Recital 10 c (new)

(10c) When necessary, the Commission should review the Monitoring and Reporting Regulation and its guidance material, to ensure that the use of all types of sustainable aviation fuels, as defined in a Regulation on ensuring a level playing field for sustainable air transport, can be reported under the EU ETS.

Amendment 86 #

Proposal for a directive
Recital 10 d (new)

(10d) Free allowances should also be allocated to individual aircraft operators, in proportion to their share of flights using best available aircraft technology, which reflects latest generation aircraft within each of the aircraft types on anon- discriminatory basis. Such list of aircraft performing with margins to the New Type ICAO CO2 standard was defined by the Platform on Sustainable Finance in its preliminary recommendations for technical screening criteria for the EU taxonomy, and should provide the basis for the Commission to issue its taxonomy delegated act in accordance with the Regulation (EU) 2019/2088 of the European Parliament and of the Council (‘Taxonomy Regulation’).1a __________________ 1aInternal note: The preliminary report was published on 3 August 2021 and is due to be finalised in March 2022. The draft report is available: https://ec.europa.eu/info/publications/210 803-sustainable-finance-platform- technical-screening-criteria-taxonomy- report_en

Amendment 87 #

Proposal for a directive
Recital 10 e (new)

(10e) Each aircraft operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year – to the competent authorities who shall request that the reported data is substantiated and verify the data. To reduce administrative burden on authorities and aircraft operators, the latter may choose not to report this share, resulting in no free allowances.

Amendment 88 #

Proposal for a directive
Recital 11

(11) In accordance with Article 28b(3) of Directive 2003/87/EC, the Union is to assess the ICAO’s CORSIA scheme and implement it as appropriate, and in a manner that is consistent with the Union’s economy-wide emission reduction commitment ~~for 2030~~under Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement. If sufficient progress is made in ICAO’s CORSIA scheme by 2027, the Commission may choose to propose to the European Parliament and to the Council to amend, delete, extend or replace the derogations established in Article 3da of this Directive.

Amendment 89 #

Proposal for a directive
Recital 11

(11) In accordance with Article 28b(3) of Directive 2003/87/EC, the Union is to assess the ICAO’s CORSIA scheme and to propose its implement itation as appropriate, and in a manner that is consistent with the Union’s economy-wide emission reduction commitment for 2030.

Amendment 90 #

Proposal for a directive
Recital 11 a (new)

(11a) While the EU ETS sets a progressively decreasing cap on emission allowances, thus driving emissions reductions over time, CORSIA is an emissions' offsetting scheme with the aim to achieve carbon neutral growth from 2019 levels. The EU ETS is therefore a more ambitious climate instrument. The Commission's impact assessment clearly shows that the return to full-scope EU ETS leads to the lowest net global emissions, the least external costs and highest benefits in terms of EU27 employment. To fulfil its commitment to the Paris Agreement and taking into account the 'no backsliding' principle, to reach its newly established climate neutrality objective by 2050 at the latest, and the intermediary 55% climate target by 2030, and considering that over 60% if its aviation emissions are from flights to or from third countries, the Union should apply the EU ETS to all flights arriving at and departing from its aerodromes, as intended already by Directive 2008/101/EC, as of 2024, and as long as the climate mitigation impact of CORSIA remains lower than the one of the EU ETS. However, as a proof of its maintained commitment to the CORSIA scheme, the Union should provide the possibility to aircraft operators to subtract the financial value of CORSIA credits from EU ETS allowances for flights to and from countries that are implementing CORSIA.

Amendment 91 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 11 a (new)

(11a) While CORSIA is a mechanism that compensates for emissions through offsets, the EU ETS has proven to be an effective tool to reduce emissions through a pre-defined path and thus at the same time incentivising innovation and frontrunners when it comes to efficient emissions reductions. While CORSIA applies to emissions above a baseline and thus tackling only a part of the total emissions, the EU ETS applies to all emissions of each flight. To ensure ambitious economy-wide greenhouse gas emissions reductions in all sectors in line with the Paris Agreement, and to contribute to an international level playing field, from 2024 the EU ETS should therefore apply to all departing and arriving flights from and to an aerodrome located in the EEA, as foreseen by Directive 2008/101/EC. In order to take into account the simultaneous participation in CORSIA, the financial value of expenditure on credits used for CORSIA on these routes should be deductible from the financial obligations under the EU ETS. In case measures of equivalent stringency to the EU ETS are applied within CORSIA, or by third countries, the emissions scope of the EU ETS should be adjusted accordingly. This will also serve as an incentive to further strengthen the work done on ICAO level.

Amendment 92 #

Proposal for a directive
Recital 11 a (new)

(11a) Emission offsets under CORSIA comprise one element in ICAO's basket of measures to achieve carbon neutral growth in international aviation and should be complemented by advances in airframe and low-carbon propulsion technologies. Continued funding for research strategies and programmes such as the SESAR Joint Undertaking, the Clean Sky Joint Technology Initiatives and Horizon Europe will be essential to technological innovation and operational improvements in order to move beyond carbon neutral growth and achieve sector- wide absolute emission reductions.

Amendment 93 #

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for ~~flights~~all departing ~~from an aerodrome located in the EEA~~ and arriving atflights ant aerodromes located in the ~~EEA, in Switzerland or in the United Kingdom~~Union. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.

Amendment 94 #

Claudia GAMON, Nils TORVALDS, Martin HOJSÍK, Emma WIESNER, Michal WIEZIK

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for all flights departing from ~~an aerodrome located in the EEA and~~or arriving at an aerodrome located in the EEA~~, in Switzerland or in the United Kingdom~~. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.

Amendment 95 #

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or, in the United Kingdom or in a third country. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.

Amendment 96 #

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 20247 should be based on the total allocation to active aircraft operators in year 20236, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 20236 but are covered by the EU ETS from year 20247 onwards.

Amendment 97 #

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.Does not affect English version.)

Amendment 98 #

Christian DOLESCHAL, Angelika NIEBLER, Markus FERBER, Marlene MORTLER, Monika HOHLMEIER

Proposal for a directive
Recital 12 a (new)

(12a) The EU ETS Directive should also be a tool to incentivise solutions that facilitate decarbonisation. Therefore, 20 million allowances should be reserved and allocated for free to aircraft operators and for subsequent years up to 2030, to provide a guaranteed reward for uplifting sustainable aviation fuels. To ensure that the market for those fuels will find the investment necessary to flourish, 50% of the allowances should be allocated specifically for the uplifting of synthetic aviation fuels. The Commission should detail the methodology to allocate these allowances based on prices. In its methodology, the Commission should set out in particular how to cover the price difference between on the one hand the use of kerosene and on the other sustainable aviation fuels, in relation to reducing CO2 emissions by one tonne. Moreover, to further boost decarbonisation solutions and technologies, a zero-rating should apply to synthetic aviation fuels for the aircraft operators using such fuels, for a transitional period lasting until the implementing acts referred to in Article 14(1) enter into force.

Amendment 99 #

Proposal for a directive
Recital 12 a (new)

(12a) The core element of the proposed Directive is the termination of the free allocation of emission allowances on 1 January 2027 and the gradual abolition of free allowances by then. It is vital that this phase-out is not accelerated, as there is already an undue economic burden on the European aviation sector, as it is still recovering from the COVID-19 pandemic.

source: 719.687

2022/02/21 TRAN 183 amendments...

Amendment 100 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 2024 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 2023, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity, as well as the quantity of free allocation which would have taken place in 2024 if the rules for free allocation were not updated. The linear reduction factor requires an assessment of its effectiveness in meeting aviation-specific emission reduction targets. This assessment needs to be correlated with traffic forecasts and the impacts of other regulations introduced, such as the implementation of mandates for sustainable aviation fuels.

Amendment 101 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

Amendment 102 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5

Amendment 103 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 5 a (new)

Amendment 104 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights ~~departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom~~between the EEA and third countries, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, ~~including free allocation and auctioning,~~ which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.

Amendment 105 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, or flights arriving at an aerodrome outside the EEA, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.

Amendment 106 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

6. In respect of flights ~~departing from a~~between aerodromes located in the EEA ~~which arrive at~~, in Switzerland or in the United Kingdom, and aerodromes located inoutside the EEA, in Switzerland or in the United Kingdom, which were not covered by the EU ETS in 2023, the total quantity of allowances to be allocated to aircraft operators shall be increased by the levels of allocations, including free allocation and auctioning, which would have been made if they were covered by the EU ETS in that year, reduced by the linear reduction factor specified in Article 9.

Amendment 107 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 6

Amendment 108 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

Amendment 109 #

José Ramón BAUZÁ DÍAZ

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 20305 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the ~~same Member St~~EEA outside thate out~~side that outermost region.;~~ermost region, and flights departing from an aerodrome located in an outermost region which arrive at an aerodrome located in Switzerland or in the United Kingdom.

Amendment 110 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER, Sara CERDAS

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 20305 from flights between an aerodrome located in an outermost region, a dependency or territory of a Member State and an aerodrome located in the same Member State outside that outermost region, dependency or territory.;

Amendment 111 #

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

Amendment 112 #

Dominique RIQUET, Stéphane BIJOUX

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b

Directive 2003/87/EC
Article 3 c – paragraph 7

7. 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 in respect of emissions taking place until 2030 from flights ~~between~~from and to an aerodrome located in an outermost region ~~of a Member State and an aerodrome located in the same Member State outside that outermost reg~~within the meaning of Article 349 of the Treaty on the Functioning of the European Union.’;

Amendment 113 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

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

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

1. In 2024, 250% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,

Amendment 114 #

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

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

1. In 20247, 25% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.’,

Amendment 115 #

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

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

Amendment 116 #

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

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

Amendment 117 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d

~~(b) the following paragraph 1a, 1b, 1c and 1d are added: ‘1a.~~deleted In 20256, 750% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1b. allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned. 1c. quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’, 1.d. for free shall be allocated to aircraft operators proportionately to their share of verified emissions from aviation activities reported in 2023. This calculation shall also take into account verified emissions from aviation activities reported in respect of flights that are only covered by the EU ETS from 1 January 2023.’,’As from 1 January 2027, all of the Allowances which are allocated

Amendment 118 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d

Amendment 119 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

1a. In 2025, 750% of the quantity of allowances in respect of which free allocation would have taken place in that year, calculated from the publication in accordance with Article 3c shall be auctioned.

Amendment 120 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 a

Amendment 121 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d

Amendment 122 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 b

Amendment 123 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 202730, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,

Amendment 124 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive 2003/87/EC
Article 3 d – paragraph 1 c

1c. As from 1 January 20276, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned. ’,

Amendment 125 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

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

Amendment 126 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1, ~~1a, 1b, 1c and 1d of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union~~of this Article.’,

Amendment 127 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point d

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

The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the auctioning by Member States of aviation allowances in accordance with paragraphs 1~~, 1a, 1b, 1c and 1d~~ of this Article, including the modalities for the transfer of a share of revenue from such auctioning to the general budget of the Union.’,

Amendment 128 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

4. Member States shall determine the use of revenues generated from the auctioning of allowances covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union. Member States shall use the revenues generated from the auctioning of allowances in accordance with Article 10(3).; Revenues generated from the auctioning of allowances to aircraft operators shall be used to advance research and development in relation to aircraft efficiency, deployment of decarbonisation solutions, the production of SAF and the environmental performance of the aviation sector; Revenues shall take into account carrier contributions and be based on proposals that most effectively achieve the objective of decarbonising the sector and scaling up SAF production. Member States shall publish in an accessible fashion all information related to projects financed from EU ETS from aviation. Resources from the Innovation Fund shall be allocated to scale up SAF, and to reduce the cost of supplying SAF to Union airports, where the difference between the average cost of SAF and the real cost of SAF supplied in site is more than the difference between the average cost of jet fuel and the real cost of jet fuel supplied in site.

Amendment 129 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 130 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 131 #

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e

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

Amendment 132 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2 a (new)

4a. In Article 10, (3) the following subparagraph is added: Revenues generated from the auctioning of allowances to aircraft operators shall be used to advance research and development in relation to aircraft efficiency, deployment of decarbonisation solutions, the production of SAF and the environmental performance of the aviation sector; Revenues shall take into account carrier contributions and be based on proposals that most effectively achieve the objective of decarbonising the sector and scaling up SAF production. Member States shall publish in an accessible fashion all information related to projects financed from EU ETS from aviation. Resources from the Innovation Fund shall be allocated to scale up SAF, and to reduce the cost of supplying SAF to Union airports, where the difference between the average cost of SAF and the real cost of SAF supplied in site is more than the difference between the average cost of jet fuel and the real cost of jet fuel supplied in site.

Amendment 133 #

Josianne CUTAJAR

Proposal for a directive
Article 1 – paragraph 1 – point 4a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)

4a. In Article 10a - paragraph 8, the following subparagraph 2a is added: "The amount of revenues from auctioning of allowances and penalties from the aviation sector allocated to the Innovation Fund shall be reinvested in the sector for innovation and technological development. Investments shall also be allowed to facilitate the transition of the most impacted regional economies, such as in the case of peripheral regions including islands, also through the creation of social programmes intended to upskill and re- skill workers and the creation of new investment and job opportunities."

Amendment 134 #

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

Directive 2003/87/EC
Article 3 d (new)

(2a) The following Article 3d (new) is added: Article 3d (new) Aviation Transitional Fund 1. A dedicated Aviation Transition Fund (“the Aviation Fund”) shall be proposed by the Commission through a dedicated act in order to support and accelerate projects, investments, innovations and first industrial application facilitating decarbonisation in the EU aviation sector; 2. The Aviation Fund shall constitute an integral part of the EU budget and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Aviation Fund shall be managed centrally by the Commission; 3. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/02051a [FuelAviation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure; _________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205

Amendment 135 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

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

Directive 2003/87/EC
Article 3 d a (new)

(2b) The following Article 3da (new) is added: Article 3da 1. An aircraft operator shall receive allowances allocated for free proportional with the use of sustainable aviation fuels, including renewable fuels of non- biological origin. For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, multiplied according to Paragraph 2 of this Article. 2. The amount of free allocations by an aircraft operator shall be multiplied as follows, depending on the type of sustainable aviation fuel reported: a. By factor of 2 for conventional biofuels b. By a factor of 4 for biofuels produced from feedstock listed in Annex IX Part A of the Renewable Energy Directive. c. By a factor of 2 for biofuels produced from feedstock listed in Annex IX Part B of the Renewable Energy Directive. d. By a factor of 6 for renewable fuel of non-biological origin, as defined under the Renewable Energy Directive. By 31 December 2035, the multipliers shall be revised following technological developments. 3. An aircraft operator shall also receive free allocations proportional with the use of best available aircraft technology in the previous year. 4. The aircraft models eligible as best available aircraft technology shall be those defined with respect to the performance against the New Type ICAO CO2 standard in a delegated act developed under the EU taxonomy. Until the Commission adopts such a delegated act, the performance thresholds defined in the report of the Platform on Sustainable Finance[2]shall apply. 5. An operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year to the competent authorities. These shall request that the reported data is substantiated and verify the data. 6. To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances for the use of best available aircraft technology. 7. Each year 20 million of the total quantity of allowances referred in to Article 3c paragraph 5 shall be reserved to be allocated for free in respect of aircraft operators that uplift sustainable alternative fuels as defined in the Regulation 2021/0205 [ReFuel Aviation] and use best available aircraft technology defined with respect to the performance against the New Type ICAO CO2 standard.

Amendment 136 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2003/87/EC
Article 3 e

(3) Article~~s 3e and 3f are deleted;~~ 3e is replaced by the following : Article 3e Analysis of the non-CO2 effects of aviation By 1 January 2026, the Commission shall publish an updated analysis of the integration of non-CO2 effects into the EU ETS, taking into account the latest scientific work. Failing to find a unit of measurement that does not pose a real risk to the integrity of the EU ETS, the Commission shall forward to the Council and the Parliament a set of measures to initiate a rapid reduction in the intensity of non-CO2 effects. In order to best accomplish these tasks, the Commission is invited to actively support ongoing research aimed at refining knowledge on non-CO2 effects, while ensuring the independence of its funding.

Amendment 137 #

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2003/87/EC
Article 3 f

(3) Article~~s 3e and~~ 3f ~~are~~is deleted;

Amendment 138 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 3

Directive 2003/87/EC
Article 3 f

(3) Article~~s 3e and~~ 3f ~~are~~is deleted;

Amendment 139 #

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

Directive 2003/87/EC
Article 3 e

(3a) Article 3e is replaced by the following: Article 3e 'Integration of the EU ETS and CORSIA 1. In order to ensure that economy- wide emissions reductions remain at a level that is consistent with the Union’s nationally determined contribution for 2030, and by way of derogation from Article 25a, from 1 April 2025, aircraft operators shall surrender allowances for emissions from flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom in the previous calendar year. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with Articles 3d and 3c. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in articles 9 and 28a shall continue to apply. 3. To ensure that emissions are not priced twice for departing and incoming flights and to take due account of CORSIA's offsetting obligations above a baseline set at 2019 levels for the years 2021-2023 and set at the average of 2019- 2020 levels for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits which they had used under CORSIA for extra-EU routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism for carrying out this reimbursement, which could require converting the financial value of CORSIA credits into EU ETS allowances. The Commission shall consider the average price of EU ETS allowances as the average price of the last year in which auctions on the common auction platform took place. 4. The use of revenues linked to flights covered by this Article in the EU ETS shall be the following and the provisions of this Article do not apply for emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom: (a) 50 % shall be used to finance projects administered through the European Climate, Infrastructure and Environment Executive Agency (CINEA), to reduce aviation’s total climate impact, including through the use of prizes to reward zero emissions technologies as provided for in Commission Delegated Regulation (EU) 2019/8561a; (b) 20 % of the revenues generated shall be used to contribute to UNFCCC climate funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities; (c) 30 % of revenues generated shall be used as determined by Member States in line with Article 10(3).

Amendment 140 #

Søren GADE, Jan-Christoph OETJEN

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

(3a) Article 3e is replaced by the following: Article 3e Integration of the EU Emissions Trading System and CORSIA 1. In order to maintain economy- wide emissions reductions consistent with the Union's climate targets and international commitments, and by way of derogation to article 25a, from 1 April 2025, aircraft operators shall surrender allowances for emissions on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom in the previous calendar year. For emissions from flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, aircraft operators shall surrender allowances in accordance with article 3d and 3c. 2. The total quantity of allowances to be allocated shall be increased to cover two thirds of verified emissions from additional departing and incoming flights in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in articles 9 and 28a shall continue to apply. 3. To ensure emissions are not priced twice for departing and incoming flights and to take due account of CORSIA offsetting obligations above a baseline set at 2019 level for the years 2021-2023 and set at the average of 2019-2020 level for the years 2024-2035, aircraft operators shall be reimbursed for the financial value of expenditure on credits used for CORSIA by them for extra-European routes. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to determine the methodology and mechanism to proceed to this reimbursement, which could require converting the financial value of CORSIA credits into ETS allowances. The Commission shall consider the average price of ETS allowances as the average price of the last year in which auctions on the common auction platform took place.

Amendment 141 #

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

Directive 2003/87/EC
Article 3 e (new)

(3a) The following Article 3e (new) is added: Article 3 e Allocation and issue of allowances to aircraft operators for uplifting sustainable aviation fuels. 1. As from [the date of entry into force of this directive], the total quantity of allowances referred to in Article 3c(5a) shall be allocated free of charge for the uplifting of sustainable aviation fuels, as reported to the European Union Aviation Safety Agency under Article 7, Article 8 and Article 9 of the [ReFuelEU Regulation]. 2. Each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge for each year until 2030 based on the uplifting of the fuels referred to in paragraph 1 from [the date of entry into force of this directive]. (a) The quantity of allowances shall be proportionate to the total greenhouse gas emissions saved according to the treatment of those fuels under Directive (EU) 2018/2001 and the implementing acts referred to in Article 14(1) of the ETS directive. (b) For a transitional period until the implementing acts referred to in Article 14(1) enter into force synthetic aviation fuels shall be rated with zero emissions for the aircraft operators using them. 3. The Commission shall publish the costs difference between the kerosene and SAF on a yearly basis, based on the Report published under Article 12 of the [ReFuelEU Regulation]. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the allocation of aviation allowances for free for uplifting sustainable aviation fuels by covering the price difference per tonne of CO2 saved from using those fuels instead of kerosene. 4. The Commission shall evaluate by 2027 whether the reserve of 20 million of free allowances referred to in Article 3c (5a) should be maintained beyond 2030.

Amendment 142 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

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

Directive 2003/87/EC
Article 3 e (new)

(3a) Deleted Article 3e is replaced by the following: In the interest of maintaining aviation’s contribution to economy wide emissions reductions and ensuring intra-EU travel is not disadvantaged. 1. By way of derogation to article 25a, from 1st April 2025, aircraft operators shall surrender allowances for emissions on all flights departing from at an aerodrome located in the EEA, in the previous calendar year. 2. The total quantity of allowances to be allocated shall be increased to cover the totality of verified emissions from additional departing in 2023, to account for the increased scope following the completion of the surrendering exercise in 2024. The linear reduction factor as detailed in articles 9 and 28a shall continue to apply. 3. To ensure emissions are not priced twice for departing and incoming flights and to take due account of CORSIA offsetting obligations above a baseline set at 2019 level for the years 2021-2023 and for each year thereafter with a baseline to be determined by the ICAO Council, aircraft operators shall be allowed offset the financial value of expenditure on credits used for CORSIA by them for extra-European routes. The Commission shall determine the methodology and mechanism to proceed to this reimbursement, which could require to convert the financial value of CORSIA credits into ETS. 4. The use of revenues linked to flights covered by this article in the ETS shall be the following: 5. All the revenues shall be earmarked for projects to support efficiencies, innovation and new technologies in the aviation sector, in particular those related to operational, aeronautics, airframe and engine innovation, and clean and sustainable aviation fuels, to reduce greenhouse gas emissions.

Amendment 143 #

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

Directive 2003/87/EC
Article 3 e (new)

(3a) The following Article 3e (new) is added: Article 3e (new) 1. Year before entrance into force of this Directive, the remaining allowances set aside in the special reserve shall be available for aircraft operators: (a) who start performing an aviation activity falling within Annex I after the monitoring year for which tonne- kilometre data was submitted under Article 3e(1) in respect of a period referred to in Article 3c(2); or (b) whose tonne-kilometre data increases by an average of more than 18 % annually between the monitoring year for which tonne-kilometre data was submitted under Article 3e(1) in respect of a period referred to in Article 3c(2) and the second calendar year of that period; and whose activity under point (a), or additional activity under point (b), is not in whole or in part a continuation of an aviation activity previously performed by another aircraft operator. 2. An aircraft operator who is eligible under paragraph 1 may apply for a free allocation of allowances from the special reserve by making an application to the competent authority of its administering Member State. Any application shall be made by 30 June the year before the entrance into force of this Directive.

Amendment 144 #

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

Directive 2003/87/EC
Article 3 f

(3a) Article 3f is replaced by the following : Article 3f Monitoring of military aviation impact 1. The Commission shall determine with all Member States a system for measuring and reporting CO2 emissions and non-CO2 effects of military aviation activity and their environmental impacts. 2. The Commission, in close cooperation with the Member States, must determine the action plan to enable military aviation to take part in the European Union's environmental objectives. 3. The necessary resources must be allocated at European level to enable the development of alternative technological solutions specific to military aviation to reduce its carbon footprint and non-CO2 effects. A global approach must be adopted at ICAO to include all global producers.

Amendment 145 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 4a (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – subparagraph 2 a (new)

4a In Article 10, paragraph (3), the following subparagraph is added: Revenues generated from the auctioning of allowances to aircraft operators shall be used to support international climate action and advance research and development in relation to modal shifts to more sustainable transport alternatives, deployment of decarbonisation solutions for the aviation sector, including the mitigation of non-CO2 emissions, and the environmental performance of the aviation sector. The investments supported shall comply with ‘do no significant harm’, prove consistent with National Energy and Climate Plans (NECPs) and Territorial Just Transition Plans (TJTPs), and comply with minimum social safeguards included in the European Pillar of Social Rights.

Amendment 146 #

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 2 a (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-)~~(4a) In Article 10a (8), the following subparagraph 2a is inserted "The amount of revenues from auctioning of allowances and penalties from the aviation sector allocated to the Innovation Fund shall fund investment in innovation and new technologies in the aviation sector, in particular for: (a) improvement of operational, aeronautics and airframe solutions; (b) deployment of new propulsion technologies, like battery- and turbo- electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors; (c) deployment of sustainable aviation fuels, such as renewable fuels of non- biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero- emissions fuels and conventional fuels; (d) deployment of monitoring and reporting technologies for CO2 and non- CO2 emissions; (e) research on the non-CO2 impacts, including formation of contrails and cirrus clouds. The revenues shall also support social dialogue among relevant stakeholders in the aviation sector, as well as for training, re-skilling, and up-skilling for workers, and, where appropriate, for financial schemes to manage eventual unemployment risks due to transition of the sector. The decision-making process, in particular in relation to the setting of priority areas, criteria and grant allocation procedures, shall be transparent and inclusive and shall take into consideration the adequate involvement of stakeholders, including the industry, SMEs, non-governmental organisations, entrepreneurial initiatives, research organisations, higher education establishments and universities representing a wide geographical and competence base across the Member States. Relevant stakeholders shall have an appropriate consultative role. All information on the projects and investments supported by the Innovation Fund and all other relevant information on its functioning shall be made available to the public. By … [12 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for regional and lower-end of the short-range flights segment to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels to be referred to in a Union regulation on ensuring a level playing field for sustainable air transport as well as possibilities for alternative routing for these types of flights, taking into account the alternative modes of public transport available to cover such services in a competitive period of time.'" Or. en

Amendment 147 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – introductory part

1. Subject to paragraphs 2 and 3 of this Article, aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State shall be able to use the following units to comply with their obligations as laid down in Article 12may subtract the financial value of the following units from ETS allowances in respect of emissions from flights to and from countries that are listed in the implementing act adopted pursuant to Article 25a(3):

Amendment 148 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point 1 a

~~(a) credits authorised by parties participating in the mechanism established under Article 6(4) of the Paris Agreement;~~deleted

Amendment 149 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point c

~~(c) credits authorised by parties agreements pursuant to paragraph 5;~~deleted

Amendment 150 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 1 – point d

~~(d) credits issued in respect of Union level projects pursuant to Article 24a.~~deleted

Amendment 151 #

Henna VIRKKUNEN, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2

Amendment 152 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2 – subparagraph 1

2. Units referred to in paragraph 1~~, points (a) and (b),~~ may be used if the following conditions have been met:

Amendment 153 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 2 – point b

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in offsetting under Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA)~~. This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Is~~ unless the country is exempt from mandatory offsetting in accordance with the exemptions lanid ~~Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average~~down in Annex 16, Volume IV (‘CORSIA SARPs’) to the Convention on the International Civil Aviation Organization (‘Chicago Convention’).

Amendment 154 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 1

3. Units referred to in paragraph 1~~, points (a), (b) and (c),~~ may be used if arrangements are in place for authorisation by the participating parties, timely adjustments are made to the reporting of anthropogenic emissions by sources and removals by sinks covered by the nationally determined contributions of the participating parties, and that double counting and a net increase in global emissions are avoided.

Amendment 155 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a

Directive 2003/87/EC
Article 11 a – paragraph 3 – subparagraph 2

Amendment 156 #

Henna VIRKKUNEN, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b

(b) paragraphs (4) isand (5) are deleted,

Amendment 157 #

Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c

Directive 2003/87/EC
Article 11 a – paragraph 8

Amendment 158 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point (-a) (new)

Directive 2003/87/EC
Article 12 – paragraph 5 a (new)

(-a) In Article 12, the following paragraph 5a (new) is added: 5a. As long as there are no Union measures in place to take into account and effectively reduce the climate impact of non-CO2 emissions generated by aircraft operators carrying out an aviation activity listed in Annex I, for the purposes of the paragraph 3(b), the amount of carbon dioxide from fossil fuel which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.' Once a non-CO2 carbon pricing mechanism is phased in, participating aircraft operators shall no longer be required to surrender two allowances to cover for their non-CO2 effects, but shall surrender the amount of allowances required to cover for the CO2 equivalents of their non-CO2 effects.

Amendment 159 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point (-b) (new)

Directive 2003/87/EC
Article 12 – paragraph 5 b (new)

(-b) In Article 12, the following paragraph 5b (new) is added: 5b. By June 2024, the Commission, in cooperation with EASA and EEA, shall establish a pilot Monitoring, Reporting and Verification scheme of the maximum duration of 24 months with the objective to build solid MRV methods adapted to the specificities of non-CO2 emissions and their climate effects and to develop robust CO2 equivalence calculation methods for non-CO2 effects. Aircraft operators adhering to this scheme shall be exempted from the payment of the multiplier referred to in the first subparagraph. The scheme shall explore how to include the higher altitude effect of non-CO2 emissions in the calculations in an effective manner. The pilot MRV shall ensure that at least the following data at cruising altitude is monitored, reported and verified: - Fuel flow - Mass of aircraft - Ambient humidity - Latitude, longitude and altitude - Humidity and temperature - Emission indices for CO2, H2O and NOx - CO2 equivalents per flight

Amendment 16 #

Proposal for a directive
Recital 1

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. ~~Aviation activiti~~Emissions from all flights arriving at and departing from Union aerodromes were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 . The Court of Justice of the European Union ruled in its judgement of 21 December 201111a that the inclusion of aviation activities in the EU ETS pursuant to that Directive does not violate international law. Flights with origin in, or destination to, Member States are an intrinsic part of the socioeconomic activity of the Union and their emissions should therefore be accounted for as such. _________________ 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 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). 11a Judgment of the Court of Justice of 21 December 2011, Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change, C-366/10, ECLI:EU:C:2011:864.

Amendment 160 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point (-c) (new)

Directive 2003/87/EC
Article 12 – paragraph 5 c (new)

(-c ) In Article 12, the following paragraph 5c (new) is added: 5c. By 1 January 2025, the Commission shall present a report to the Parliament and the Council on the results of the MRV pilot project and specifying the amount of ETS allowances required to cover for the CO2 equivalent per flight calculated under its pilot MRV. The report shall be accompanied by a legislative proposal to amend the present Directive to introduce MRV requirements for non-CO2 aviation emissions as well as to expand the scope of the ETS to non- CO2 aviation emissions, in order for a carbon pricing mechanism to be phased in as of 2025.

Amendment 161 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – introductory part

Amendment 162 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – introductory part

6. In accordance with the methodology laid down in the delegated act referred to in paragraph 7, Member States shall calculate the offsetting each year for the preceding calendar year within the meaning of ICAO’s International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation, other than those which apply in respect of flights departing from an aerodrome located in the EEA which arrive at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, and for flights arriving from an aerodrome outside the EEA, and by 30 November each year inform the aircraft operators that fulfil all of the following conditions of the level of offsetting:

Amendment 163 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 1 – point b

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation (EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 20~~19.~~21. _________________ 1aCommission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13

Amendment 164 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a

Directive 2003/87/EC
Article 12 – paragraph 6 – subparagraph 2 – point iv

~~(iv) military flights;~~deleted

Amendment 165 #

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 7

7. Member States shall, for the purposes of the application of CORSIA SARPs, calculate, for each of the aircraft operators referred to in paragraph 8, the amount of CO2 emissions required to be offset for the preceding year (ORy) as follows: ORy = OEy * SGFy Where: OEy = aircraft operator’s CO2 emissions in the preceding year y from flights between States included in the document ‘CORSIA States for Chapter 3 State pairs’ verified in accordance with Commission Delegated Regulation (EU) 2019/1603 SGFy = Sector’s Growth Factor for year y as defined in ICAO document “CORSIA Annual Sector’s Growth Factor (SGF)” for the given year y. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive by laying down changes to the methodology for calculating offsetting responsibilities for aircraft operators in accordance with CORSIA SARPs.

Amendment 166 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 6 – point b

Directive 2003/87/EC
Article 12 – paragraph 8

Amendment 167 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)

Directive 2003/87/EC
Article 14 – paragraph 3 a (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~(6a) In Article 14, the following paragraph is added: "3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603, shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. Those data shall include at least the following: (a) emissions data broken down by aircraft operator and by airport pairs; (b) load factors, aircraft type, fuel type and fuel consumption per airport pair for each aircraft operator; (c) the amount of offsetting, calculated in accordance with Article 12(7); (d) the amount and type of eligible fuels used to comply with part or all of their offsetting; (e) the amount and type of carbon credits used to comply with part or all of their offsetting." Or. en

Amendment 168 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 6 b (new)

Directive 2003/87/EC
Article 14 – paragraph 3 b (new)

~~(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)~~(6b) In Article 14, the following paragraph is added: "3b. By … [6 months after the entry into force of this Directive], the Commission, in cooperation with EASA and EEA, shall establish a pilot monitoring, reporting and verification (MRV) scheme with the objective to establish a solid MRV methodology adapted to the specificities of non-CO2 emissions and their climate impact and to develop a robust CO2 equivalence calculation for non-CO2 effects. The pilot MRV shall ensure that at least the following data at cruising altitude is monitored, reported and verified: (a) fuel flow-mass of aircraft; (b) ambient humidity; (c) latitude, longitude and altitude; (d) humidity and temperature; (e) emission indices per for CO2, H2O and NOx; (f) CO2 equivalents per flight. All data reported through the pilot MRV shall be published aggregated on an airport pair level annually per airline. Data collected through the pilot MRV shall be submitted to EASA, the EEA and the European Parliament annually. By … [30 months after the entry into force of this Directive], the Commission shall present a report to the European Parliament and the Council on the results of the MRV pilot, accompanied, where appropriate, by a legislative proposal to amend this Directive with a view to introducing MRV requirements for non- CO2 aviation emissions and to expanding the scope of the EU ETS to non-CO2 aviation emissions while specifying the amount of EU ETS allowances required to cover the CO2 equivalent per flight calculated under the pilot MRV." Or. en

Amendment 169 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive 2003/87/EC
Article 18 a – paragraph 3 – point b

(b) as from ~~2024~~[year entry into force of this Directive], at least every two years, update the list to include aircraft operators which have subsequently performed an aviation activity listed in Annex I.;

Amendment 17 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 1

Amendment 170 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 3

Amendment 171 #

Marian-Jean MARINESCU, Barbara THALER, Henna VIRKKUNEN, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 4

4. In respect of emissions from flights to or from countries that are listed in the implementing act adopted pursuant to paragraph 3, aircraft operators that hold an air operator certificate issued by a country or that is registered in a country that is listed therein shall not be required to cancel units in respect of those emissions.deleted

Amendment 172 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 4

Amendment 173 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 5

5. In respect of emissions occurring until 31 December 2026 from flights between the EEA and countries that are not listed in the implementing act adopted pursuant to paragraph 3, ~~other than flights to Switzerland and the United Kingdom,~~ aircraft operators shall ~~not~~ be required to cancel units.

Amendment 174 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 6

Amendment 175 #

Marian-Jean MARINESCU, Barbara THALER, Markus FERBER

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 6

Amendment 176 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countriesFrom 2027, on a yearly basis or whenever evidence is presented, the Commission shall assess whether there is a significant distortion of competition due to a non-compliance with, or a less stringent application in its domestic law of, CORSIA by a third country, or when it is determined, on the basis of available facts, that a threat of injury which results from such non-compliance or such a less stringent application and is detrimental to aircraft operators that hold an air operator certificate issued by a Member State exist. The distortion of competition or threat of injury may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in ~~a manner equal to all aircraft operators. Those implementing acts shall be adopted~~the same manner for all aircraft operators. Where the assessment confirms that distortion of competition or a threat to injury exist and result from non-compliance with or a less stringent application of CORSIA by a third country, the Commission shall take measures to apply EU ETS in respect of emissions from flights to and from the EEA operated by aircraft operators from a non-compliant third country, for as long as the compliance is not assured. Implementing acts for that purpose shall be adopted by the Commission in accordance with the examination procedure referred to in Article 22a(2).

Amendment 177 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 7

Amendment 178 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Amendment 179 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 8

Amendment 18 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 1 a (new)

(1a) In 2012 it was decided that EU ETS would temporarily only cover flights between aerodromes within the European Economic Area, in the so-called ‘stop the clock’ measure1a in order to facilitate progress at the ICAO on the establishment of a global framework. The last derogation, introduced by Regulation (EU) 2017/2392, applies until the year 2023. A decade later, some progress has been achieved with the establishment of CORSIA, but its geographical scope and level of ambition is not sufficiently guaranteed at the moment to ensure the mechanism will be an effective tool to reach the EU climate targets and the Paris Agreement ambitions at international level. In view of the status quo and of the climate emergency, it is legitimate that the Union puts an end to its “Stop the clock” decision. _________________ 1aDecision 377/2013/EU of the European Parliament and of the Council of 19 November 2008 of 24 April 2013, derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community , (OJ L 113, 25.4.2013, p. 1)

Amendment 180 #

Proposal for a directive
Article 1 – paragraph 1 – point 9

Directive 2003/87/EC
Article 25 a – paragraph 8

8. Where an aircraft operator that holds an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, operates flights between two different countries listed in the implementing act adopted pursuant to paragraph 3, including flights that take place between Switzerland, the United Kingdom and countries listed in the implementing act adopted pursuant to paragraph 3, and those countries allow aircraft operators to use other units than those on the list adopted pursuant to Article 11a(8), the Commission shall be empowered to adopt implementing acts allowing those aircraft operators to use unit types additional to that list or not to be bound by the conditions of Article 11a(2) ~~and (3)~~ in respect of emissions from such flights. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).;

Amendment 181 #

Henna VIRKKUNEN, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 9 a (new)

Directive 2003/87/EC
Article 30 (new)

(9a) The following Article 30 (new) is added: Article 30 Carbon adjustment measure To avoid carbon leakage and distortion of competition, an adjustment measure should be adopted for the proportion of EU ETS-costs on intra-EEA flights allocated to passengers transferring to a final destination outside the EU and vice versa. This adjustment measure is calculated as follows per airline: a. In accordance with Annex IV and by 31 March of each year, airlines operating flights where the Treaty applies, shall report to the National Competent Authority and the Verifier for every city pair the annual fuel consumption on individual connections and the ratio of the number of passengers with connecting flights into or out of the EEA("transfer passengers") to the total number of passengers on this connection ("passengers"); b. The adjustment for each city pair equals:(number of transfer passengers / total number of passengers) x fuel consumption x emission factor; c. The cumulative amount of this adjustment for all city pairs together is deducted from the total amount of verified emissions for which the corresponding allowances are to be surrendered by an airline in that same period.

Amendment 182 #

Henna VIRKKUNEN, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 9 b (new)

Directive 2003/87/EC
Article 31 – paragraph 2 a (new)

(9b) In Article 31, the following paragraph 2a is added: 2a. The Commission shall undertake to present, by [1 year after the entry into force of this Directive],and in line with its communication on the application of the “one in, one out”principle1a, proposals offsetting the regulatory burdens in relation to Directive 2003/87/EC, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors. _________________ 1a EC press release on the working methods of the von der Leyen Commission, 4 December 2019

Amendment 183 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I

Amendment 184 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State ~~(including outermost regions of the same Member State),~~ from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) military flights; (v) firefighting flights..

Amendment 185 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 10

Directive 2003/87/EC
Annex I

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2019. For the purposes of this point, emissions from the following types of flights shall not be taken into account: (i) state flights; (ii) humanitarian flights; (iii) medical flights; (iv) ~~military flights; (v)~~ firefighting flights..

Amendment 186 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 Directive 2003/87/EC

(ma ) flights to and from an outermost region, between two different outermost regions and between islands inside outermost regions.

Amendment 187 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)

Directive 2003/87/EC
Annex I

(10a) In Annex I, in the table, the column ‘Greenhouse gases’ relating to the entry ‘Aviation’ is amended as follows: Carbon dioxide, oxides of nitrogen (NOx), soot particles, oxidised sulphur species, and water vapour

Amendment 188 #

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new) Directive 2003/87/EC

(10a) In Annex I, in the table, paragraph (b) of the entry ‘Aviation’ of the column ‘Activities’ is replaced as follows: (b) military flights performed by customs and police flights

Amendment 189 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new)

Directive 2003/87/EC
Annex II

(10b) In Annex II the following text is added: Oxides of nitrogen (NOx) Soot particles Oxidised sulphur species Water vapour, from an aircraft performing an aviation activity listed in Annex I.

Amendment 19 #

Proposal for a directive
Recital 1 a (new)

Amendment 190 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 a (new)

Directive 2003/87/EC
Article 3 g e (new) – paragraph 2 a (new)

Article 1a In Article 3ge (new) a new paragraph 2a is added: 2a. No later than by 31 December two years after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in the labour market, transport freight rates, household purchasing power and the magnitude of carbon leakage among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field.

Amendment 191 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 2 – paragraph 1 – introductory part

Directive 2003/87/EC
Article 2 – paragraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December ~~2023~~of the subsequent year to the year of entry into force of this Directive. They shall immediately communicate the text of those measures to the Commission.

Amendment 192 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph -1 (new)

Directive 2003/87/EC
Article 3 a

(-1) the Article 3a is replaced by the following: Scope Articles 3b to 3f shall apply to the allocation and issue of allowances in respect of aviation activities listed in Annex I. Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I.

Amendment 193 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

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

Directive 2003/87/EC
Article 5 – paragraph 1 – point d a (new)

(3a) In Article 5, the following point da is added: da. The Commission shall undertake to present, by [1 year after the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” principle, proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the sectors to which Directive 2003/87/EC applies.

Amendment 194 #

Henna VIRKKUNEN, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)

Directive 2003/87/EC
Article 10 – paragraph 1 – subparagraph 4

(4a) In Article 10 - paragraph 1, subparagraph 4 is replaced by the following: In addition 4% of the total quantity of allowances between [year following the entry into force of the Directive] and 2030 and equivalent of 1.5% of the total quantity of allowances from the amount above 400 million allowances set aside in Market Stability Reserve for the purpose of Modernisation Fund shall be auctioned for the Modernisation Fund. The beneficiary Member States for this amount of allowances shall be the Member States with a GDP per capita at market prices below 65% of the Union average during the period 2016 to 2018. The funds corresponding to this quantity of allowances shall be distributed in accordance with Part B of Annex IIb. In addition, the equivalent of1,5% of the total quantity of allowances between ... [year following the entry into force of the Directive] and 2030 from the amount above 400millionallowances set aside in Market Stability Reserve for the purpose of Innovation Fund shall be made available for the Innovation Fund established under Article 10a(8).

Amendment 195 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 4 b (new)

Directive 2003/87/EC
Article 10 – paragraph 3 – point k a (new)

(4b new) In Article 10 - paragraph 3, the following point ka is added: (ka) Member States shall annually report to the Commission on the use of revenues and the actions taken pursuant to this paragraph and in line with Decision No 280/2004/EC. The Commission shall subsequently make that information publicly available together with recommendations on how to improve such usage.

Amendment 196 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Article 1 – paragraph 1 – point 4 c (new)

Directive 2003/87/EC
Article 10 a – paragraph 8 – subparagraph 1

(4c) in Article 10 a - paragraph 8, subparagraph 1 and 2 are replaced by the following: 365 million allowances from the quantity which could otherwise be allocated for free pursuant to this Article, and 85 million allowances from the quantity which could otherwise be auctioned pursuant to Article 10, as well as the allowances resulting from the reduction of free allocation referred to in Article 10a(1a), shall be made available to a Fund with the objective of supporting support innovation in and deployment of low-carbon technologies and processes, and contribute to zero pollution objectives (the ‘Innovation Fund’). Allowances that are not issued to aircraft operators due to the closure of aircraft operators and which are not necessary to cover any shortfall in surrenders by those operators, shall also be used for innovation support as referred to in the first subparagraph. In addition, 50 million unallocated allowances from the market stability reserve shall supplement any remaining revenues from the 300 million allowances available in the period from 2013 to 2020under Commission Decision 2010/670/EU1a,and shall be used in a timely manner for innovation and deployment support as referred to in the first subparagraph. Furthermore, the external assigned revenues referred to in Article 21(2) of Regulation (EU) [FuelEUMaritime] shall be allocated to the Innovation Fund and implemented in line with this paragraph. The Innovation Fund shall facilitate the green transition of the aviation sector through earmarking of a significant amount corresponding to the proceeds of the auctioning in this sector to induce innovation and technological development, assist with the first industrial application, develop further support mechanisms and create necessary infrastructure, including development and deployment of sustainable aviation fuels. _________________ 1aCommission Decision 2010/670/EU of3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the system for greenhouse gas emission allowance trading within the Union established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).

Amendment 197 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1- paragraph 1 – point 7 a (new)

Directive 2003/87/EC
Article 21 – paragraph 4 a

(7a) In Article 21, the following paragraph 4a (new) is added: (4a) The Commission shall monitor and evaluate the implementation of this Directive, possible trends and adverse impacts as regards, inter alia, the EU competitiveness and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions, scale of carbon and business leakage and deterioration of level playing field. If appropriate, the Commission shall propose measures to prevent possible adverse impacts. (new) No later than by 31 December a year after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, transport freight rates, household purchasing power and the magnitude of carbon and business leakage per economic sector among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level- playing field. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.

Amendment 198 #

Henna VIRKKUNEN, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Article 1 – paragraph 1 – point 7 b (new) Directive 2003/87/EC

(7b) The following Article 21a (new) is added: Article 21a The Commission shall consider possible amendments to this Directive with regards to regulatory simplification. The Commission and the competent authorities shall continuously adapt to best practice administrative procedures and take all measures to simplify the enforcement of this Directive, keeping administrative burdens to a minimum. The Commission shall present, by [1 year before the entry into force of this Directive], and in line with its communication on the application of the “one in, one out” prinicple1,proposals offsetting the regulatory burdens introduced by this Directive, through the revision or abolishment of provisions in other EU legislative acts that generate compliance costs in the affected sectors

Amendment 20 #

Proposal for a directive
Recital 1 a (new)

(1a) Unlike the other sectors currently included in the EU-ETS, which saw their emissions fall in 2019, those of the aviation sector increased by 1,5%

Amendment 21 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 2

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4)By adopting the Glasgow Climate Pact in November 2021, its Parties recognised that keeping the increase in the global average temperature to 1,5°C above pre- industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 in order to accelerate climate action in this critical decade and to close the ambition gap to the 1,5°C target. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, in particular international aviation, as it is one of the fastest growing sources of greenhouse gas emissions. Between 1990 and 2018, total EU aviation emissions grew from 1.5% of EU emissions to 3.6%, not accounting for non-CO2 greenhouse gas emissions which has a significant climate effect. In 2018, Eurocontrol projected an annual increase in European aviation emissions by 53% by 2040 compared to 20171a. The COVID-19 pandemic is not predicted to significantly impact this dominant upward trend. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4). 1a Eurocontrol. 2018. European aviation until 2040: Challenges of Growth. Available at: https://www.eurocontrol.int/sites/default/fi les/2019-07/challenges-of-growth-2018- annex1_0.pdf.

Amendment 22 #

Proposal for a directive
Recital 2

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12. The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. ~~In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation.~~ Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference(COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between1,8°C and 2,4°C, the Parties agreed in their conclusions of COP26 to revisit their commitments, as necessary, by the end of 2022 to be back on track for1,5°C of warming, maintaining the upper end of ambition under the Paris Agreement. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. During COP26, the International Aviation Climate Ambition Coalition was launched, whereby 23countries adopted a declaration committing to ambitious action on international aviation emissions, including through a new global goal and the promotion of cleaner fuels and technologies. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

Amendment 23 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 2 a (new)

(2a) While the COVID-19 pandemic caused a temporary reduction of aviation traffic, existing pre-COVID-19 pandemic projections point to an annual increase in aviation emissions at global and Union level by 53 % and 150 % until 2040, compared to2017 and 2020, respectively2a

Amendment 24 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 2 b (new)

(2b) Swift policy action is therefore needed in order to regulate aviation emissions at Union and global level by increasing the level of ambition through the use of carbon pricing tools based on environmental integrity and the efficient interplay between the global and Union market-based instruments that ensure aviation’s contribution to economy-wide emissions reduction.

Amendment 25 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER, Josianne CUTAJAR

Proposal for a directive
Recital 3

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States ~~continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313~~ implement CORSIA from the start of the pilot phase 2021-202313 . However, in terms of its effectiveness in reaching the Paris Agreement goals as well as the Union's climate targets, CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement3a. The Union and its Member States should therefore be actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA, improving its environmental integrity, and thereby ensuring that it effectively reduces aviation emissions. It is also important that the enforceability and transparency linked to CORSIA be improved adequately. _________________ 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

Amendment 26 #

Proposal for a directive
Recital 3 a (new)

(3a) In 2013, the European Commission suspended the obligation to surrender emission allowances imposed by its emissions trading scheme for flights between EEA Member States and third countries (i.e. non-EEA states).

Amendment 27 #

Proposal for a directive
Recital 3 b (new)

(3b) In 2020, more than half of the CO2 emissions from European aviation came from long-haul flights travelling more than 4000 km, which accounted for 6.2%.

Amendment 28 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 3 c (new)

(3c) Globally, the pre-COVID forecast between 2017 and 2037 predicted a doubling of annual passenger numbers from 3.5 to 7-9 billion. If the growth rate were to resume its pre-COVID rate, it is estimated that CO2 emissions would triple in 25 to 30 years. EUROCONTROL's 7- year forecast for Europe between 2021 and 2028 shows in the baseline scenario a recovery of traffic to 2019 levels in 2024, followed by an increase of 2% per year. Traffic figures refer to the number of flights, both passenger and freight. Recent experience shows that the recovery in passenger numbers lags behind the increase in the number of flights. With a lower load factor, GHG emissions per passenger increase, which affects the energy efficiency of air transport.

Amendment 29 #

Proposal for a directive
Recital 7

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030. _________________ 17Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

Amendment 30 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 8

(8) This amendment to Directive 2003/87/EC aims at the implementation for aviation of the Union’s contributions under the Paris Agreement, and of the regulatory framework to achieve the binding Union 2030 climate target of a domestic reduction of net greenhouse gas emissions by at least 55 % compared to 1990 levels by 2030 set out in Regulation (EU) 2021/ … .In this respect, in addition to actions aimed at reducing or mitigating the climate change impact of CO2, this Directive should also put forward measures to address non- CO2emissions from aviation.

Amendment 31 #

Proposal for a directive
Recital 8 a (new)

(8a) Between 2019 and 2020, as a result of the pandemic, CO2 emissions decreased by 57%, with large variations between Member States. In Belgium, the number of flights decreased by 50% compared to 2019, but CO2 emissions were only reduced by 30% due to increased freight traffic.

Amendment 32 #

Proposal for a directive
Recital 9

(9) Aviation ~~should contribute to~~must take its fair share of the emission reduction efforts ne~~cessary for~~eded to achieve the Union’'s 2030 climate target. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor. Due to the increase in aviation emissions in the pre-COVID period, the effectiveness of the current linear reduction factor and its appropriateness for the aviation sector needs to be assessed and discussed.

Amendment 33 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 9

(9) Aviation should contribute to the rapid, deep and sustained emission reduction ~~efforts~~ necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

Amendment 34 #

Proposal for a directive
Recital 9

(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s 2030 and 2050 climate targets. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

Amendment 35 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER, Josianne CUTAJAR

Proposal for a directive
Recital 10

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. For the ETS revision for phase four (2021-2030), an increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the coverage of flights between the Union and third countries. The share of such increased auction revenues that is attributed to the general budget of the Union as well as the revenue from payments of penalties settled by the aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to the decarbonisation of the aviation sector. That funding should be used especially for operational, aeronautics, airframe and new propulsion technologies, and sustainable aviation fuels to reduce the climate and environmental impacts of the aviation sector. Funding should be inclusive in terms of the involvement of stakeholders from public and private sectors representing a broad geographical and competence base across the Member States. The 'Fit for 55' legislative package, in general, and this Directive, in particular, should acknowledge the social dimension of the transition towards sustainable aviation. In order to ensure there is a socially just transition in this regard and protect the most vulnerable actors within the sector, an enhanced social dialogue at all stages should be promoted. Moreover, the availability of funds within relevant funding mechanisms under the EU ETS should be ensured in order to provide training, re- skilling, and up-skilling for workers, and, where appropriate, financial schemes to manage any unemployment risks due to the transitional measures taken in the sector.

Amendment 36 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 10

Amendment 37 #

Josianne CUTAJAR

Proposal for a directive
Recital 10

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes, including for investments intended to facilitate a socially just transition, especially for peripheral regions, including islands, which will be impacted by the new provisions.

Amendment 38 #

Proposal for a directive
Recital 10 a (new)

(10a) The EU ETS should contribute to effectively decarbonising air transport activities as much as possible. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through economic incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported. The amount of free allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits and are more costly to purchase for aircraft operators. The Commission should regularly review the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency pursuant to Article 12 of the Regulation on ensuring a level playing field for sustainable air transport.

Amendment 39 #

Proposal for a directive
Recital 10 a (new)

(10a) The further greening of air travel is not possible without significant advances in technology and its uptake by the market, which requires earmarking, for the purpose of R&D investment exclusively in the aviation sector, revenues generated from the purchase of EU ETS allowances by aircraft operators. Aircraft operators should benefit from projects financed through revenues generated by EU ETS allowances proportionately to the share of total EU ETS allowances purchased by every aircraft operator.

Amendment 40 #

Henna VIRKKUNEN, Gheorghe FALCĂ, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER

Proposal for a directive
Recital 10 a (new)

(10a) Significant funds from the auction revenues should be invested towards a modal shift from aviation and towards more sustainable transport modes such as rail, in particular to substitute short-haul flights which are unsustainable and replaceable by nature. A modal shift away from aviation transport is an essential tool to reduce intra-EU transport emissions.

Amendment 41 #

(10b) An Aviation Transition Fund (‘the Aviation Fund’) should be established to provide funds to the Member States to support their policies supporting aviation transport sector decarbonisation. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/02051a [FuelAviation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure. The Commission should submit legislative proposals for the creation of an Aviation Fund in the context of the proposals for the MFF Mid-term revision. The Aviation Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council. _________________ 1aProposal for a Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport, https://eur- lex.europa.eu/procedure/EN/2021_205?ur i=PROCEDURE:2021_205

Amendment 42 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 10 c (new)

(10c) When necessary, the Commission should review the Monitoring and Reporting Regulation and its guidance material, to ensure that the use of all types of sustainable aviation fuels, as defined in the Regulation on ensuring a level playing field for sustainable air transport, can be reported under the EU ETS.

Amendment 43 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 10 d (new)

(10d) Free allowances should also be allocated to individual aircraft operators, in proportion to their share of flights using best available aircraft technology, which reflects latest generation aircraft within each of the aircraft types on a non- discriminatory basis. Such list of aircraft performing with margins to the New Type ICAO CO2 standard was defined by the Platform on Sustainable Finance in its [preliminary[1]]recommendations for technical screening criteria for the EU taxonomy, and should provide the basis for the Commission to issue its taxonomy delegated act in accordance with the EU Taxonomy Regulation 2019/2088.1a _________________ 1aInternal note: The preliminary report was published on 3 August 2021 and is due to be finalised in March 2022. The draft report is available: https://ec.europa.eu/info/publications/210 803-sustainable-finance-platform- technical-screening-criteria-taxonomy- report_en

Amendment 44 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Recital 10 e (new)

(10e) Each operator shall report its share of flights using best available aircraft technology – in relation to their total emissions in a given year – to the competent authorities who shall request that the reported data is substantiated and verify the data. To reduce administrative burden on authorities and operators, the latter may choose not to report this share, resulting on no free allowances.

Amendment 45 #

Proposal for a directive
Recital 11

(11) In accordance with Article 28b(3) of Directive 2003/87/EC, the Union is to assess the ICAO’s CORSIA scheme and implement it as appropriate, and in a manner that is consistent with the Union’s economy-wide emission reduction commitment for 2030. It is therefore necessary to implement a 50/50 solution for extra-EU flights, with outbound flights covered by the ETS and inbound flights by CORSIA.

Amendment 46 #

Proposal for a directive
Recital 11 a (new)

(11a) While the EU ETS sets a progressively decreasing cap on emission allowances, thus driving emissions reductions over time, CORSIA is an emissions offsetting scheme with the aim to achieve carbon neutral growth from 2019 levels. The ETS is therefore a more ambitious climate instrument. The Commission's impact assessment clearly shows that the return to full-scope EU ETS leads to the lowest net global emissions, the least external costs and the highest benefits in terms of EU27 employment. To fulfil its commitment to the Paris agreement; to reach its newly established climate neutrality objective by 2050 at the latest, and the intermediary 55% climate target by 2030; considering that over 60% of its aviation emissions are from flights to or from third countries; and taking into account the 'no backsliding' principle; the Union should apply the ETS to all flights arriving at and departing from its aerodromes, as intended already by Directive (2008/101/EC), as of 2024, and as long as the climate mitigation impact of CORSIA remains lower than the one of the EU ETS. However, as a proof of its maintained commitment to the CORSIA scheme, the Union should provide the possibility to aircraft operators to subtract the financial value of CORSIA credits from ETS allowances for flights to and from countries that are implementing CORSIA.

Amendment 47 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for ~~flights~~all departing ~~from an aerodrome located in the EEA~~ and arriving atflights ant aerodromes located in the EEA~~, in Switzerland or in the United Kingdom~~. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.

Amendment 48 #

Proposal for a directive
Recital 12

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom. The allocation for the year 20247 should be based on the total allocation to active aircraft operators in year 20236, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 20236 but are covered by the EU ETS from year 20247 onwards.

Amendment 49 #

Søren GADE, Jan-Christoph OETJEN

Proposal for a directive
Recital 12 a (new)

(12a) The EU ETS directive should also be a tool to incentivise solutions that facilitate decarbonisation. Therefore, 20 million allowances should be reserved and allocated for free to aircraft operators and for subsequent years up to 2030, to provide a guaranteed reward for uplifting sustainable aviation fuels. To ensure that the market for those fuels will find the investment necessary to flourish, 50% of the allowances should be allocated specifically for the uplifting of synthetic aviation fuels. The Commission should detail the methodology to allocate these allowances based on prices. In its methodology the Commission should set out in particular how to cover the price difference between on the one hand the use of kerosene and on the other sustainable aviation fuels, in relation to reducing CO2 emissions by one tonne. Existing reporting mechanisms, such as the annual Technical Report published by the European Union Aviation Safety Agency under Article 12of the Regulation of the European Parliament and of the Council on ensuring a level playing field for sustainable air transport (ReFuelEU Regulation), should be used to support collecting harmonised price information on European level. Moreover, to further boost decarbonisation solutions and technologies, a zero-rating should apply to synthetic aviation fuels for the aircraft operators using such fuels, for a transitional period lasting until the implementing acts referred to in Article14(1) enter into force. Existing EU aviation agencies such as EASA should have an access to the relevant data in order to perform harmonised data collection, also supporting the implementation of Article 87 of Regulation (EU) 2018/1139 (EASA Basic Regulation).

Amendment 50 #

Proposal for a directive
Recital 13

(13) ~~Increased~~Full auctioning from ~~the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector~~2024 onwards should be the rule for the allocation of ETS allowances to the aviation sector. The Commission Impact Assessment accompanying this proposal has confirmed that there is no carbon leakage risk in the aviation sector. Simultaneously, the allocation of free allowances~~, taking into account the sector’s ability to pass on the increased cost of CO2~~ is contrary to the 'polluter pays principle' enshrined in the EU Treaties, and weakens the price signal that the system provides to the aviation sector, reducing the incentives for investments into the abatement of emissions. Increased revenues from the full auctioning of the allowances will allow increasing investments into the decarbonisation of the sector and the effective mitigation of non-CO2 emissions.

Amendment 51 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 13

(13) ~~Increased~~Full auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances~~, taking into account the sector’s ability to pass on the increased cost of CO2~~. In order to preserve the environmental integrity in the system and level the playing field for all aircraft operators form 2024 no free allowances will be allocated to the aviation sector.

Amendment 52 #

Proposal for a directive
Recital 13

Amendment 53 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 13

(13) Increased and accelerated auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances, taking into account the sector’s ability to pass on the increased cost of CO2.

Amendment 54 #

Proposal for a directive
Recital 14

(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, the credits should originate from states that are parties to the Paris Agreement and that participate in CORSIA,All offset credits under CORSIA should remain available to all carriers and double counting of credits should be avoided.

Amendment 55 #

Proposal for a directive
Recital 14

(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, thFor flights between the Union and third countries that are considered to be participating in CORSIA airlines deciding to subtract the financial value of CORSIA credits from ETS allowances, regardless of whether they are based in the Union or not, should use credits ~~should~~which originate from states that are parties to the Paris Agreement and that participate in CORSIA, and double counting of credits should be avoided. This will ensure that the Union’s CORSIA implementation is in alignment with the Paris Agreement.

Amendment 56 #

Proposal for a directive
Recital 14

Amendment 57 #

Proposal for a directive
Recital 14 a (new)

(14a) Discrepancies may further emerge regarding the quality of the different programmes accepted within the CORSIA scheme, given the fact that they encompass different sectors, widespread geographical locations and projects of very different nature for eligible offset credits, leading as well to relevant price disparities for the same reduction units, evolving with time. There are significant concerns around additionality and verification of the deforestation and forest degradation prevention projects included in CORSIA, as well as concerns of these projects negatively affecting indigenous communities.

Amendment 58 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 14 a (new)

(14a) Limiting emissions to the 2019 level is largely insufficient and the vast majority of carbon credits allocated to the aviation sector are currently free. Furthermore, there is no incentive to reduce the bulk of European aviation's carbon emissions due to the low exclusive carbon price set by the stakeholders themselves under CORSIA.

Amendment 59 #

Proposal for a directive
Recital 15

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been ~~considered~~ acceptable by the ICAO Council to use for compliance of CORSIA~~, and that fulfil the eligibility conditions above~~. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 . _________________ 18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 60 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ, Colm MARKEY

Proposal for a directive
Recital 17

Amendment 61 #

Proposal for a directive
Recital 17

(17) For CORSIA implementation on ~~flights other than flights departing from~~arriving flights to an aerodrome located in the EEA and ~~arriving at~~departing from an aerodrome located inoutside the EEA, ~~in Switzerland or in the United Kingdom,~~ surrender obligations should be decreased for Union- based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application.

Amendment 62 #

Proposal for a directive
Recital 17

(17) For CORSIA implementation on flights ~~other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located i~~between the EEA, in Switzerland ~~or in~~and the United Kingdom, surrender ~~obligation~~possibilities with a view to subtracting the financial value of CORSIA credits from ETS allowances should be decreased for ~~Union-based~~ aircraft operators operating these flights. Aircraft operators’ surrender ~~obligation~~possibilities for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021- 23, and above collective 2019-20 levels for subsequent years of CORSIA application.

Amendment 63 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 17 a (new)

(17a) At the forthcoming ICAO triennial assembly scheduled for September 2022, Member States should make their utmost efforts to reach an agreement with their counterparts on a progressive yearly reduction of the established baseline 2019-2020 for the period after 2023, so as to ensure step-wise alignment with the linear factor applied to the EU ETS, also beyond 2035, in consistency with the Union’s climate neutrality target for 2050 at the latest. Any changes to the established baseline leading to weakened ambition, or any delay in relation to the start of the mandatory phase, and an insufficient adherence to the CORSIA scheme by third countries should be considered as a reason for the Commission to propose the removal of the possibility for aircraft operators to apply CORSIA in part for routes from or to the Union.

Amendment 64 #

Proposal for a directive
Recital 18

Amendment 65 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 19

Amendment 66 #

Proposal for a directive
Recital 19

Amendment 67 #

Proposal for a directive
Recital 19

(19) As CORSIA implementation and enforcement for aircraft operators based outside the Union is meant to belong solely to the home country of these aircraft operators, implementing CORSIA for ~~flights other than flights departing from~~arriving flights to an aerodrome located in the EEA and ~~arriving at~~departing from an aerodrome ~~located~~outside in the EEA, in Switzerland or in the United Kingdom means exempting aircraft operators based outside the Union from the EU ETS obligations for these flights.

Amendment 68 #

Proposal for a directive
Recital 20

Amendment 69 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 20

(20) To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt from EU ETS or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026Airline companies should not be able to subtract the financial value of CORSIA credits from ETS allowances for flights to and from countries that are not implementing CORSIA.

Amendment 70 #

Proposal for a directive
Recital 20

(20) ~~To ensure equal treatment on routes, flights to and from countries that are not implementing CORSIA should be exempt~~Aircraft operators should not be able to subtract the financial value of CORSIA credits from EU ETS ~~or CORSIA obligations. To incentivise full implementation of CORSIA starting in 2027, the exemption should only apply to emissions up to 31 December 2026~~allowances for flights to and from countries that are not implementing CORSIA.

Amendment 71 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER, Josianne CUTAJAR

Proposal for a directive
Recital 20 a (new)

(20a) The Union should do its utmost to advance the deployment and ensure strengthened ambition in the international carbon-offsetting scheme, CORSIA and support adopting a long- term goal to reduce global aviation emissions.

Amendment 72 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER

Proposal for a directive
Recital 22

Amendment 73 #

Proposal for a directive
Recital 22

(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and fromThe Commission should take measures to apply EU ETS fully to aircraft operators from a third countr~~ies~~y applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred on the Commission to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country in respect of emissions from flights to and from the EEA. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. ~~Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.~~

Amendment 74 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 22

Amendment 75 #

Proposal for a directive
Recital 22

Amendment 76 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 22 a (new)

(22a) The Commission should monitor, evaluate and report the potential risk of carbon leakage and distortion of competition following implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent such adverse impacts.

Amendment 77 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 22 b (new)

(22b) No later than by 31 December a year after the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less- connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package.1a Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global GHG emissions reduction in the most cost effective way and preserve a level-playing field. _________________ 1aCommunication from the Commission (COM/2021/550), 14 July 2021.

Amendment 78 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 22 c (new)

(22c) (28e) The Union and its Member States have consistently supported the development of CORSIA in the International Civil Aviation Organization (ICAO). Several design elements of CORSIA are inspired by the EU ETS. In order to preserve the credibility of the Union and its Member States in ICAO, it is therefore important to align the EU ETS with CORSIA as far as it is appropriate.

Amendment 79 #

Proposal for a directive
Recital 23

Amendment 80 #

Proposal for a directive
Recital 23

Amendment 81 #

Proposal for a directive
Recital 24

Amendment 82 #

Proposal for a directive
Recital 24 a (new)

(24a) The integration of CORSIA hinders the improvement of aviation integration within the ETS and the achievement of its objectives. Without increasing the price of CORSIA credits, it creates a de facto asymmetry between EU and non-EU operators and potentially incentivising to the growth of non-EU hubs. The emission reduction targets to which the EU Member States have committed themselves, however, require the application of its ETS to the highest emitting routes. In order to preserve its businesses, and to achieve its environmental objectives, it is necessary to consider discriminatory measures in favour of European long haul companies. This is to reduce the incentives for hub- and-spoke systems outside the EU, and to ensure that travellers from Europe are guaranteed the most optimal and lowest emission route.

Amendment 83 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 25

Amendment 84 #

José Ramón BAUZÁ DÍAZ

Proposal for a directive
Recital 25

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the ~~same Member State~~EEA outside that outermost region, and flights departing from an aerodrome located in an outermost region which arrive at an aerodrome located in Switzerland or in the United Kingdom. Furthermore, a level playing field of the single aviation market must be ensured considering the current state of the aviation sector and the connectivity gap across the Union due to the COVID19 pandemic. Therefore, an effective mechanism to address the disadvantage and impact of this measure on peripheral and insular Member States and EU regions that rely mostly or exclusively on aviation should be proposed by the European Commission in order to safeguard the level playing field of airlines operating within peripherical and insular regions as well as ensuring connectivity.

Amendment 85 #

Sara CERDAS

Proposal for a directive
Recital 25

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union, taking into account the provisions of Article 349 of the TFEU, and in particular the remoteness of these regions from mainland territories and their heavy dependence on aviation for the transport of passengers and goods. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State.

Amendment 86 #

Proposal for a directive
Recital 25

Amendment 87 #

Dominique RIQUET, Stéphane BIJOUX

Proposal for a directive
Recital 25

Amendment 88 #

Josianne CUTAJAR

Proposal for a directive
Recital 25 a (new)

(25a) Notes that special consideration should be given to safeguard the connectivity of peripheral regions, including islands. Stresses that due to their dependency on air travel such territories are posed to suffer the most from higher costs with possible negative consequences on prices for consumers, while rendering routes to such regions less economical, consequently decreasing the attractiveness of EU tourism destination and undermining the competitiveness of EU carriers vis a vis non-EU ones. Therefore, calls on the Commission to assess and review the impact of the new ETS aviation legislation on peripheral regions, including islands, within a year from its coming into force, and where necessary initiate proposals and/or initiatives to address the negative repercussions.

Amendment 89 #

Proposal for a directive
Recital 26 a (new)

(26a) Aviation has a significant impact on the global climate through releases of carbon dioxide, nitrogen oxides (NOx), water vapour, sulphate and soot particles. The Report from the Commission to the European Parliament and the Council “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’ confirmed that the climate impact of aviation activities is more than twice as large as that caused by only the aviation sector’s CO2 emissions.

Amendment 90 #

Petar VITANOV, Bogusław LIBERADZKI, Maria GRAPINI, Marianne VIND, Andreas SCHIEDER, Josianne CUTAJAR

Proposal for a directive
Recital 26 a (new)

(26a) However, relying on technological progress alone would put the aviation sector at great risk if emission reduction targets are not met within the next decade. It is therefore important to contain aviation emissions by favouring other modes of transport where possible, optimising capacity, raising public awareness through various communication tools and enabling a debate on prioritisation of use. Regulatory avenues are also possible to help contain traffic until a sustainable solution for air transport is found.

Amendment 91 #

Proposal for a directive
Recital 26 a (new)

(26a) A significant amount of the Innovation Fund should support advance research and development in the aviation sector, in particular those related to deployment of decarbonisation solutions and sustainable aviation fuels.

Amendment 92 #

Proposal for a directive
Recital 26 b (new)

(26b) Studies show non-CO2 effects may account to as much as 75% of the total climate impact of aviation activities. In accordance with Article 172(4) of the Treaty, the Union’s environmental policy is to be based on the precautionary principle, and Directive (2008/101/EC) already called for addressing the non- CO2 impacts of aviation. Given this, and as non-CO2 emissions are short-lived, EU regulatory measures are urgently needed to achieve significant and immediate reductions of emissions and keep the Paris 1.5 C target within reach.

Amendment 93 #

Proposal for a directive
Recital 26 c (new)

(26c) This Directive introduces price incentives for the aviation industry to adopt technological and operational measures that reduce non-CO2 emissions and their climate impact, also by taking into account the higher altitude effect. As a temporary measure, a multiplier of at least x2 should initially be applied to every tonne of CO2 emitted.

Amendment 94 #

Proposal for a directive
Recital 26 d (new)

(26d) The Commission should set up a pilot monitoring, reporting and verification (MRV) system for non-CO2 emissions and allow participating aircraft operators to be exempted from the payment of the multiplier. Building on such a pilot system, the Commission should then establish proper MRV requirements and ETS pricing for such emissions. The Commission should explore the possibilities of including the higher altitude effect of non-CO2 emissions in such a pilot and in future MRV requirements.

Amendment 95 #

Proposal for a directive
Recital 26 e (new)

(26e) Requirements introduced by the “Refuel EU Aviation” legislation for the uptake of Sustainable Aviation Fuels, should be complemented with requirements to reduce aromatics and sulphur content in conventional jet fuel, with the aim to quickly reduce contrail and soot emissions significantly, thus improving also air quality around airports.

Amendment 96 #

Henna VIRKKUNEN, Marian-Jean MARINESCU, Colm MARKEY, Cláudia MONTEIRO DE AGUIAR, Markus FERBER, Barbara THALER, Gheorghe FALCĂ

Proposal for a directive
Recital 27 a (new)

(27a) Military aviation emits significant amounts of GHGs during its production and operation. The specific military fuel used contains a number of pollutants that are particularly harmful at the high altitudes at which military aircraft fly. There remains secrecy surrounding the share of military aviation contributions to total aviation emissions. It is therefore crucial to ensure that military flights are monitored and subject to GHG emission reduction standards.

Amendment 97 #

Proposal for a directive
Recital 27 a (new)

(27a) The Commission should consider possible amendments to Directive 2003/87/EC with regard to regulatory simplification. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.

Amendment 98 #