REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading withing the Community

19.10.2007 - (COM(2006)0818 – C6‑0011/2007 – 2006/0304(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Peter Liese
Draftsman (*): Georg Jarzembowski, Committee on Transport and Tourism
(*) Procedure with associated committees - Rule 47 of the Rules of Procedure

Procedure : 2006/0304(COD)
Document stages in plenary
Document selected :  
A6-0402/2007

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading withing the Community

(COM(2006)0818 – C6‑0011/2007 – 2006/0304(COD))

(Codecision procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2006)0818)[1],

–   having regard to Article 251(2) and Article 175(1) of the EC Treaty, pursuant to which the Commission submitted the proposal to Parliament (C6‑0011/2007),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the the Committee on Economic and Monetary Affairs, the Committee on Industry, Research and Energy and Committee on Transport and Tourism, (A6‑0402/2007),

1.  Approves the Commission proposal as amended;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council and Commission.

Text proposed by the CommissionAmendments by Parliament

Amendment 1

RECITAL 5

(5) While the Community is not a contracting Party to the 1944 Chicago Convention, all Member States are contracting Parties to that Convention and members of ICAO, and continue to support work on the development of market-based instruments working with other states at global level. At the sixth meeting of the ICAO Committee on Aviation Environmental Protection in 2004, it was agreed that an aviation-specific emissions trading system based on a new legal instrument under ICAO auspices seemed sufficiently unattractive that it should not be pursued further. Consequently, Resolution 35-5 of the ICAO Assembly does not propose a new legal instrument but instead endorses open emissions trading and the possibility for States to incorporate emissions from international aviation into their emissions trading schemes.

(5) While the Community is not a contracting Party to the 1944 Chicago Convention, all Member States are contracting Parties to that Convention and members of ICAO, and continue to support work on the development of market-based instruments working with other states at global level. At the sixth meeting of the ICAO Committee on Aviation Environmental Protection in 2004, it was agreed that an aviation-specific emissions trading system based on a new legal instrument under ICAO auspices seemed sufficiently unattractive that it should not be pursued further. Consequently, Resolution 35-5 of the ICAO Assembly does not propose a new legal instrument but instead endorses “the further development of an open emissions trading system for international aviation” and the possibility for States to incorporate emissions from international aviation into their emissions trading schemes.

Justification

The revised text more fully reflects the text of the ICAO Assembly Resolution.

Amendment 2

RECITAL 7 A (new)

(7a) To assist with the reduction of emissions from aircraft, the Commission should carry out a feasibility study by 2009 into the possibility of laying down emissions standards for aircraft engines.

Justification

For ship and car engines, legislation already exists governing maximum emissions of greenhouse gases. The feasibility study must focus on a comparable system for aircraft engines.

Amendment 3

RECITAL 8 A (new)

 

(8a) Apart from the economic tools there is considerable emission lowering potential in technological and operational improvements which should be enhanced now more than in the past.

Justification

In order to achieve the ultimate goal of a decrease in emissions, the trade in emission allowances for aviation can only be a part of a more global strategy which must include in particular the implementation of new technologies which should coincide with the creation of the appropriate infrastructure.

Amendment 4

RECITAL 8 B (new)

 

(8b) More efficient air traffic management could, by itself, cut fuel consumption by up to 12 % and thereby contribute to the lowering of CO2 emissions. Consequently, the Single European Sky and the SESAR projects should be implemented as quickly and as efficiently as possible. It is, in particular, the task of the Member States and the Community Institutions, in close consultation with the airspace users concerned, to take swift and firm action to establish functional airspace blocks, flexible airspace blocks and flexible airspace use. In this respect, support should be given to the AIRE initiative (Atlantic Interoperability Initiative to Reduce Emissions) agreed between the EU and the US Federal Aviation Administration.

Justification

Including aviation in the ETS is part of an overall European policy to reduce CO2 emissions in general and those in the aviation sector in particular. The two complementary aspects of the policy of including aviation in the ETS system are the 'Clean Sky' technological initiative and the Single European Sky project, together with improved air traffic management through the SESAR project. The AIRE initiative is also to be welcomed, since its benefits in curbing CO2 emissions will extend beyond the European Union, given that it is a joint initiative with the United States.

Amendment 5

RECITAL 8 C (new)

 

(8c) Research and technology is the key to innovation and to achieving further cuts in aviation emissions. Aircraft and engine manufacturers, and fuel producers, are urged to research and implement changes in their respective fields which will significantly contribute to reducing the climate impact of aviation. Community Institutions should continue their support for the "Clean Sky" Joint Technology Initiative (JTI) in the 7th Framework Programme for Research (FP7) which aims to radically reduce the impact of air transport on the environment. The Community should continue to give strong support to the work of ACARE (Advisory Council for Aeronautical Research in Europe), and more particularly its Strategic Research Agenda (SRA), which sets emissions reduction targets for the air transport industry of 50% for carbon dioxide per passenger kilometre and 80% for nitrogen oxide by 2020.

 

 

Justification

Substantial cuts in emissions can also be achieved by changes in aircraft design - for example in the materials used - and in engine construction, as well as by the use of alternative fuels.

A sound aviation climate change policy should not comprise economic instruments alone. Many existing instruments are already being used to mitigate the environmental impact of aviation and hence to influence its contribution to climate change. A properly designed and implemented ETS may complement the large battery of existing tried, tested and efficient tools. Whilst the Commission itself refers to "a comprehensive package of measures", it fails to mention the other elements of that package.

Amendment 6

RECITAL 8 D (new)

 

(8d) Subsidies to airports give in some cases wrong incentives concerning the emission of greenhouse gases. Therefore the Commission must fully respect existing competition law.

Justification

A lot of local authorities or regional authorities subsidise airports. Some offers of low-cost airlines are only possible because of these subsidies. This is to the disadvantage of other airlines and creates artificial traffic which would not exist without these subsidies. Elimination of these subsidies is therefore also necessary to limit greenhouse gas emissions.

Amendment 7

RECITAL 9

(9) The objective of this Directive is to reduce the climate change impact attributable to aviation by including emissions from aviation activities in the Community scheme.

(9) The objective of this Directive is to reduce aviation’s contribution to global climate change by including emissions from aviation activities in the Community scheme.

Justification

The current language is inaccurate and possibly misleading, given that it is scientifically impossible to attribute specific climate change impacts (i.e. damage, not emissions) to a single source, in this case aviation.

Amendment 8

RECITAL 10 A (new)

 

(10a) A level playing field between airports and between aircraft operators needs to be ensured. Therefore, international flights to and from the European Union and flights within the European Union should both be included in the Community scheme from the start.

Amendment 9

RECITAL 11

(11) From 2011, emissions from flights between airports in the Community should be included in the Community scheme. From 2012, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country.

(11) From 2010, emissions from all flights arriving at and departing from Community airports should be included in the Community scheme. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. Climate change is a global phenomenon which requires global solutions. The Community considers this Directive as an important first step. Non-EU parties are invited to contribute with their ideas to the debate so as to develop this policy instrument further. To make the voice of third parties heard, the Commission should be in permanent contact with them, both prior to and during the implementation of this Directive. If the European Union agrees with a third party on a common scheme which has at least the same positive effects for the environment as the Directive, the Commission may propose an amendment of the Directive. In any case the Commission may propose that incoming flights from third countries not be covered by the scheme if the third country has in place a system which has at least the same environmental benefit as this Directive.

Justification

Only a scheme that covers as early as possible intercontinental flights has a significant effect on the reduction of greenhouse gas emissions. Even this is only a first step. The EU should talk to third parties to get a global scheme as soon as possible. (See amendments 12 and 21)

Amendment 10

RECITAL 12

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of aviation currently is two to four times higher than the effect of its past carbon dioxide emissions alone. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Pending scientific progress to identify suitable metrics for comparing the different impacts, a pragmatic and precautionary approach is required. Emissions of nitrogen oxides will be addressed in other legislation to be presented by the Commission.

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of aviation currently is two to four times higher than the effect of its past carbon dioxide emissions alone. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Air Traffic Management authorities should apply effective measures in order to avoid the formation of contrails and cirrus clouds through changes in flight patterns, namely by ensuring that flights will avoid passing through areas where due to specific atmospheric conditions the formation of such clouds is foreseen. In addition, they should strongly promote research on the formation of contrails and cirrus clouds including effective mitigation measures (e.g. fuel, engines, ATM) that do not adversely affect other environmental goals. Pending other legislation to be proposed by the Commission focusing specifically on the problem of nitrogen oxide emissions in aviation, a multiplier should be applied to every tonne of CO2 emitted.

Justification

There is scientific consensus that the climate impact of the aviation sector goes well beyond its CO2 emissions alone. Cirrus clouds that can form out of aviation-induced contrails trap heat in the Earth's atmosphere and thus contribute to global warming.

Amendment 11

RECITAL 12 A (new)

(12a) Other actions are needed in order to supplement this Directive. Study groups should therefore be set up to examine other means of action.

Justification

Combating global warming is a major challenge which requires a firm commitment on the part of the European Union. Other measures need to be taken in addition to this directive.

Amendment 12

RECITAL 13

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified. To ensure access to the market for new aircraft operators, a proportion of allowances will be allocated by auction in accordance with rules to be developed by the Commission. Aircraft operators that cease operations should continue to be issued with allowances until the end of the period for which free allowances have already been allocated.

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified. To ensure access to the market for new aircraft operators, half of the allowances will be allocated by auction. In order to avoid the creation of inappropriate market access barriers, a proportion of these allowances should be reserved for new entrants.

Justification

The legislation should not encourage operators to cease their business.

Amendment 13

RECITAL 13 A (new)

 

(13a) Despite the fact that it is difficult for aircraft operators to switch to alternative (renewable) energy sources, the aviation sector must still achieve a considerable emissions reduction that is in line with the overall EU reduction target of 20 to 30 % compared to 1990 levels. For each commitment period under the Union's scheme in which aviation is to be included, depending on the reference period used for aviation in that commitment period, the target for aviation should be set on the basis of the average efforts required of all the other fixed-source sectors in all the Member States.

Amendment 14

RECITAL 14

(14) Aviation contributes to the overall climate change impact of human activities. Proceeds from the auctioning of allowances should be used to mitigate greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation, and to cover the costs of administering the scheme. The use of auctioning proceeds should in particular fund contributions to the Global Energy Efficiency and Renewable Energy Fund, and measures to avoid deforestation and facilitate adaptation in developing countries. Provisions for the use of funds from the auctioning should be notified to the Commission. Such notification does not release Member States from the obligation laid down in Article 88(3) of the Treaty, to notify certain national measures. The Directive does not prejudice the outcome of any future State aid procedures that may be undertaken in accordance with Articles 87 and 88 of the Treaty.

(14) Aviation contributes to the overall climate change impact of human activities. Proceeds from the auctioning of allowances should be used to mitigate greenhouse gas emissions and to adapt to the impacts of climate change in the EU and third countries, especially in developing countries, and to fund research and development for mitigation and adaptation. In order to reduce to some extent the burden on citizens, revenues generated by auctioning should also be used to lower taxes and charges on environment-friendly transport such as rail and bus. They should also be used to cover the Member States' justified costs in administering this Directive. Member States may also use the revenues to mitigate or even eliminate any accessibility and competitiveness problems arising for outermost regions and problems for public service obligations in connection with the implementation of this Directive. Member States should inform the Commission of measures taken in this connection. In the context of the review of the financial perspective it should be examined whether and to what extent the revenues generated by auctioning can be transferred to the EU budget and how Member States can be compensated accordingly.

 

 

Amendment 15

RECITAL 15

(15) To increase the cost-effectiveness of the scheme, aircraft operators should be able to use CERs and ERUs from project activities to meet obligations to surrender allowances up to a harmonised limit.

(15) To increase the cost-effectiveness of the scheme, aircraft operators should be able to use allowances issued to installations in other emission trading scheme sectors, CERs and ERUs from project activities to meet obligations to surrender allowances.

Justification

Amendment in line with proposed amendment of Article 11a, new paragraph 1a.

Amendment 16

RECITAL 15 A (new)

 

(15a) As a result of the current emission trading scheme, energy-intensive industry is already under pressure from significantly high CO2 prices. There is the real threat of carbon leakage if another significant sector is included in the scheme that has to buy emission permits. To avoid carbon leakage from energy-intensive industry, for example the cement, lime or steel sector, the Commission will examine different options such as sectoral targets or border tax adjustment and publish a report before the end of 2008 on how the question should be addressed.

Justification

The European Parliament has asked for a separate scheme on aviation. One of the reasons was that energy-intensive industry should be protected from the threat that aviation buys all their necessary permits and the industry like cement, steel and lime would no longer be able to develop inside the European Union. The Commission has not followed the European Parliament's advice. That is why other measures of protecting the energy-intensive industry should be addressed.

Amendment 17

RECITAL 17 A (NEW)

(17a) In order to ensure equal treatment of aircraft operators, Member States should follow harmonised rules for the administration of aircraft operators under their responsibility, in accordance with specific guidelines to be developed by the Commission.

Justification

Amendment in line with the proposed amendment of Article 18a.

Amendment 18

RECITAL 19 A (NEW)

(19a) This Directive should not prevent any Member State from maintaining or establishing other complementary and parallel policies or measures that address the aviation sector's total impacts on climate change.

Amendment 19

RECITAL 21

(21) In particular power should be conferred on the Commission to adopt measures for the auctioning of allowances not required to be issued for free and to amend the aviation activities listed in Annex I where a third country introduces measures to reduce the climate change impact of aviation. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement this Directive by the addition or modification of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC

deleted

Justification

The number of allowances to be auctioned should be laid down in the Directive (see also amendment 13). Adaptation of the Directive in response to measures taken by third countries or groups of third countries should be dealt with under the codecision procedure (see also amendment 14).

Amendment 20

ARTICLE 1, POINT 2, POINT (A) A (NEW)

Article 3, point (f) (Directive 2003/87/EC)

(aa) point (f) is replaced by the following:

 

"(f) 'operator' means any person who operates or controls a stationary installation or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the stationary installation has been delegated;"

Justification

To provide certainty and consistency with the Heading of Chapter 3.

Amendment 21

ARTICLE 1, POINT 2, POINT (B)

Article 3, point (o) (Directive 2003/87/EC)

(o) 'aircraft operator' means the person who operates an aircraft at the time it performs an aviation activity listed in Annex I or, where the operator is not known or is not identified by the owner of the aircraft, the owner of the aircraft;

(o) 'aircraft operator' means the person or body identified by its ICAO code which operates an aircraft at the time it performs an aviation activity listed in Annex I or, where the ICAO code is not known, the holder of the Air Operator's Certificate (AOC) or the owner of the aircraft.This will require a harmonised provision in Member States' National Aviation Registries to ensure that the aircraft operator, as well as the owner, is always identified where possible, as per the Cape Town Convention on International Interests in Mobile Equipment;

Justification

Details of the aircraft operator alone do not serve to identify a person or a body.

It is imperative to record all aircraft operators, as distinct from the aircraft owners. In cases where a national aircraft registry does not allow for aircraft owners to register the interests of a lessee and/or a sub-lessee in any national aircraft registry, the aircraft owner may not be able to identify the operator on the basis of publicly available information so it is essential that the Cape Town Convention on International Interests in Mobile Equipment is ratified by all EU Member States.

Amendment 22

ARTICLE 1, POINT 2, POINT (B)

,Article 3, point (o a) (new) (Directive (2003/87/EC)

 

(oa) 'new entrant' means any person or operator who performs an aviation activity listed in Annex I and has not applied for an allocation of allowances in accordance with Article 3d. It shall, neither partly nor wholly, be owned by an aircraft operator who submitted an application for an allocation of allowances;

Amendment 23

ARTICLE 1, POINT 2, POINT (B)

Article 3, point (r a) (new) (Directive 2003/87/EC)

 

(ra) ‘aviation emissions allowances’ means allowances that are allocated to aircraft operators at the start of each negotiation period;

Justification

Aircraft operators have pledged to increase the efficiency of aircraft engines by 50% in 2020. This should be supported and laid down in the directive because it serves as a safeguard against very limited incentives to reduce emissions from aircraft in case the CO2 price is not high enough to provide this incentive.

Amendment 24

ARTICLE 1, POINT 3

Article 3b, paragraphs 1 to 3 (Directive 2003/87/EC)

1. For the period from 1 January 2011 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

1. The total quantity of allowances to be allocated to aircraft operators shall be equivalent to 75% of the sum of the historical aviation emissions in relation to each year.

2. For the period referred to in Article 11(2) beginning on 1 January 2013, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the historical aviation emissions multiplied by the number of years in the period.

2. Depending on the choice for a post-2012 carbon dioxide reduction target of either 30% or 20% with 1990 as a base year, the Commission shall reduce the total quantity of allowances to be allocated to aircraft operators in the further periods under Article 11(2) in accordance with the regulatory procedure with scrutiny referred to in Article 23(2a). This downward review will provide a mechanism to ensure that the environmental effectiveness of the scheme is maintained. There shall be provision for subsequent downward reviews of the total quantity of allowances allocated.

3. For the second period referred to in Article 11(2) and each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the historical aviation emissions multiplied by the number of years in the period.

 

 

 

Amendment 25

ARTICLE 1, POINT 3

Article 3c, paragraph 1 (Directive 2003/87/EC)

1. In the period referred to in Article 3b(1), a percentage of allowances shall be auctioned. The percentage shall correspond to the average percentage proposed by the Member States including auctioning in their national allocation plans under Chapter III for the relevant period.

1. Starting in 2010, 50% of allowances shall be auctioned.

Justification

Even though it is a big step forward that the Commission wants to allocate most of the allowances by benchmark and not by grandfathering, all kinds of free allocation have disadvantages. It depends on the benchmarks chosen which kind of business model will be favoured. The Commission proposal does not include enough room for newcomers which are important to promote innovations in the aviation sector. Free allocation has led to windfall profits in the companies already participating in the emissions trading scheme. It cannot be excluded that windfall profits will occur in the aviation sector. Significant parts of allowances being allocated by auctioning would avoid these problems.

Amendment 26

ARTICLE 1, POINT 3

Article 3c, paragraph 2 (Directive 2003/87/EC)

2. For future periods, the percentage to be auctioned shall take into account the general review of this Directive.

2. For future periods, the percentage to be auctioned referred to in paragraph 1 may be increased, taking into account the general review of this Directive.

Justification

The percentage being allocated by auctioning should not be less than 50%.

Amendment 27

ARTICLE 1, POINT 3

Article 3c, paragraph 3 (Directive 2003/87/EC)

3. The Commission shall adopt a Regulation containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2. The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3b(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3b the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates.

deleted

That Regulation, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(2a).

 

Justification

The percentage of allowances being allocated by auctioning should not be fixed in comitology but in codecision procedure by Council and Commission. See amendment 12.

Amendment 28

ARTICLE 1, POINT 3

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

 

3a. The Commission shall adopt a Regulation laying down detailed provisions for the setting up of the European allowance reserve. The percentage of allowances to be kept as a reserve for the benefit of potential new aircraft operators in each period shall be established by the Commission taking into account the market prediction studies issued by the appropriate bodies.

Justification

In accordance to the modification suggested by the amendment to the recital 13 and passim.

Amendment 29

ARTICLE 1, POINT 3

Article 3c, paragraph 4 (Directive 2003/87/EC)

4. Revenues generated from the auctioning of allowances in accordance with paragraph 3 shall be used to mitigate greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation, and to cover the costs of the administering Member State in relation to this Directive. Member States shall inform the Commission of measures taken pursuant to this paragraph.

4. Revenues generated from the auctioning of allowances shall be used to mitigate greenhouse gas emissions and to adapt to the impacts of climate change in the EU and third countries, especially in developing countries, and to fund research and development for mitigation and adaptation. In order to reduce to some extent the burden on citizens, revenues generated by auctioning shall also be used to lower taxes and charges on environment-friendly transport such as rail and bus. They may also be used to cover the Member States' justified costs in administering this Directive. Member States may also use the revenues to mitigate or even eliminate any accessibility and competitiveness problems arising for outermost regions and problems for public service obligations in connection with the implementation of this Directive. Member States shall inform the Commission of measures taken pursuant to this paragraph.

 

In the context of the review of the financial perspective it shall be examined whether and to what extent the revenues generated by auctioning can be transferred to the EU budget and how Member States can be compensated accordingly.

Amendment 30

ARTICLE 1, POINT 3

Article 3d, paragraph 1 (Directive 2003/87/EC)

1. For each period referred to in Article 3b, each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge in accordance with Article 3c. An application may be made by submitting to the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed by that operator for the calendar year ending twenty four months before the start of the period to which it relates in accordance with Annexes IV and V. Any application must be made at least twenty one months before the start of the period to which it relates.

1. For each period referred to in Article 3b, each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge in accordance with Article 3c. An application may be made by submitting to the competent authority in the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed by that operator for the calendar year ending twenty four months before the start of the period to which it relates in accordance with Annexes IV and V. Any application must be made at least twenty one months before the start of the period to which it relates.

Amendment 31

ARTICLE 1, POINT 3

Article 3d, paragraph 3, point (b) (Directive 2003/87/EC)

(b) the number of allowances to be allocated free of charge in that period in accordance with Article 3c;

deleted

Justification

The percentage of allowances being allocated by auctioning should not be fixed in comitology but in codecision procedure by Council and Commission. See amendment 12.

Amendment 32

ARTICLE 1, POINT (3)

Article 3d, paragraph 5 (Directive 2003/87/EC)

5. By 28 February 2011 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

5. By 28 February 2010 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

Justification

A two-stage approach entails the risk that competition might be distorted by the distinction between flights within and outside the EU; and in terms of CO2 reduction it is not particularly effective. A realistic and hence appropriate option for the starting date would be 2010.

Amendment 33

ARTICLE 1, POINT 3

Article 3d, paragraph 5 a (new) (Directive 2003/87/EC)

 

5a. The Commission shall implement measures in respect of the allocation of allowances to make provision for new aviation entrants.

 

"New aviation entrants" means an aircraft operator which has been issued with an Aircraft Operating Certificate for the first time subsequent to the start of a period referred to in Article 3b and has actually commenced operations in that period.

Justification

The Proposal takes insufficient account of the need to provide access to allowances for new aviation sector entrants. The Proposal may create artificial barriers to entry to new entrants, thereby distorting competition, creating “lock-in” of incumbent scheme participants and stifling the innovation that competition promotes. A better solution would be to require the Commission to implement measures in respect of the allocation of allowances that provide fair access to new aviation entrants.

Amendment 34

ARTICLE 1, POINT 3

Article 3d, paragraph 5 b (new) (Directive 2003/87/EC)

 

5b. In the event of a merger or takeover involving several carriers during a given period, the allowances which have been allocated to them or which they have acquired shall be retained by the new entity. If a carrier ceases to operate, the Member State to which it is attached shall place the relevant allowances on the secondary market for allowances. At the beginning of the following year, the share of the allowances still available shall be allocated in full for auctioning, taking account of the general rate of reduction of authorised allowances.

Justification

The allocation of free allowances under the traditional method (‘grandfathering’) has the drawback of favouring existing companies. The trend towards company mergers will reduce competition, bringing with it the danger of abuse of dominant position, unless new companies appear and these must have access to an expanding allowances market via auctioning.

Amendment 35

ARTICLE 1, POINT 3

Article 3d, paragraph 5 c (new) (Directive 2003/87/EC)

 

5c. On the basis of the experience acquired during the period 2010-2012, the Commission shall submit a proposal concerning the quota of emission permits the aviation sector is authorised to purchase on the secondary market for wider emission permit schemes.

Justification

In accordance with paragraph 28 of Parliament’s resolution of July 2006, the aviation sector should not concentrate its efforts too much on the general market for emissions rights and access to joint implementation mechanisms, ‘to the detriment of less protected sectors’.

Amendment 36

ARTICLE 1, POINT 3 A (new)

Article 4 (Directive 2003/87/EC)

 

(3a) Article 4 is replaced by the following:

 

"Article 4

Greenhouse gas emissions permits

Member States shall ensure that, from 1 January 2005, no installation or aircraft undertakes any activity listed in Annex I resulting in emissions specified in relation to that activity unless its operator or aircraft operator holds a permit issued by a competent authority in accordance with Articles 5 and 6, or the installation or aircraft is temporarily excluded from the Community scheme pursuant to Article 27."

Justification

For legal clarity.

Amendment 37

ARTICLE 1, POINT 3 B (new)

Article 5, point (a) (Directive 2003/87/EC)

(3b) In Article 5, point (a) is replaced by the following:

 

"(a) the installation or the aircraft and its activities including the technology used;"

Justification

For legal clarity.

Amendment 38

ARTICLE 1, POINT 4

Article 6 (Directive 2003/87/EC)

(4) In Article 6(2)(e), after "allowances" the words ", other than allowances issued under Chapter II," are inserted.

(4) Article 6 is replaced by the following:

 

"Article 6

 

Conditions for and contents of the greenhouse gas emissions permit

 

1. The competent authority shall issue a greenhouse gas emissions permit granting authorisation to emit greenhouse gases from all or part of an installation or aircraft if it is satisfied that the operator or aircraft operator is capable of monitoring and reporting emissions.

 

A greenhouse gas emissions permit may cover one or more installations or aircraft on the same site operated by the same operator or aircraft operator.

 

2. Greenhouse gas emissions permits shall contain the following:

 

(a) the name and address of the operator or aircraft operator;

 

(b) a description of the activities and emissions from the installation or aircraft;

 

(c) monitoring requirements, specifying monitoring methodology and frequency;

 

(d) reporting requirements; and

 

(e) an obligation to surrender allowances equal to the total emissions of the installation or aircraft in each calendar year, as verified in accordance with Article 15, within four months following the end of that year."

Justification

For legal clarity.

Amendment 39

ARTICLE 1, POINT 6

Article 11a, paragraph 1a (Directive 2003/87/EC)

1a. Subject to paragraph 3, during each period referred to in Article 3b, Member States shall allow each aircraft operator to use CERs and ERUs from project activities up to a percentage of the number of allowances it is required to surrender pursuant to Article 12(2a); this percentage being the average of the percentages specified by Member States for the period in accordance with paragraph 1.

1a. Subject to paragraph 3, during each period referred to in Article 11(2), Member States shall allow each aircraft operator to use allowances issued under Chapter III, CERs and ERUs from project activities up to a percentage of the number of allowances it is required to surrender pursuant to Article 12(2a); this percentage being the average of the percentages specified by Member States for the use of CERs and ERUs for the period in accordance with paragraph 1.

The Commission shall publish this percentage at least six months before the start of each period referred to in Article 3b.

The Commission shall publish this percentage at least six months before the start of each period referred to in Article 11(2).

Justification

In its resolution "Reducing the climate change impact of aviation" from July 2006, the European Parliament called for the scheme to ensure aviation sector contributes to emission reductions. Limiting the use of non-aviation credits will ensure technological and efficiency improvement will take place also in the aviation sector.

Amendment 40

ARTICLE 1, POINT 6

Article 11a, paragraph 1 a, subparagraph 2 a (new) (Directive 2003/87/EC)

 

The percentage of CERs and ERUs usable in relation to aviation activities shall be reviewed alongside their use in other sectors as part of the ETS review.

Justification

As with all sectors, the use of CERs and ERUs by the aviation sector will need to be reviewed as part of post-2012 arrangements.

Amendment 41

ARTICLE 1, POINT 8, POINT (B A) (new)

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

(ba) the following paragraph 2b is inserted:

 

“2b. As long as there are no Community measures which incentivise the reduction of releases of nitrogen oxides from aircraft carrying out an aviation activity listed in Annex I, and which ensure the same ambitious level regarding the protection of the environment as this Directive, for the purposes of paragraph 2a and by way of derogation from Article 3(a), the amount of carbon dioxide which an allowance, other than an aviation allowance, or a CER or ERU permits an aircraft operator to emit shall be divided by an impact factor of 2.”

Justification

The scientific community is no longer in any doubt that nitrogen oxide emissions contribute to ozone formation and hence to climate change. These adverse climatic effects also have to be taken into account. Once legislation is in place to combat climate change and nitrogen oxides in particular, at least as comprehensively as the measures provided for in this proposed directive, the multiplier should cease to be applied.

Amendment 42

ARTICLE 1, POINT 8, POINT (B B) (new)

Article 12, paragraphs 2c, 2d and 2e (new) (Directive 2003/87/EC)

 

(bb) the following paragraphs 2c, 2d and 2e are inserted:

 

"2c. Every year, aircraft operators wishing to surrender allowances for the purposes of paragraph 2a other than aviation emissions allowances, shall be required to submit to the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed in that calendar year.

 

2d. Based on the data to be submitted under the provisions of Article 3, the Commission shall determine an efficiency indicator for all aircraft operators, calculated by dividing the total emissions from aircraft operators by the sum of the tonne-kilometre data. Based on this efficiency indicator for the first year for which data is available, the Commission shall publish a target efficiency indicator for 2010, 2015 and 2020 on the basis of an emissions reduction per revenue-tonne-kilometre (RTK) of 3,5% per year, which takes into account the voluntary target of a 3,5% improvement in fuel efficiency of aircraft per year until 2020.

 

2e. Those aircraft operators which, for a given year, have an efficiency indicator with a value above the target efficiency indicator calculated by the Commission for that year, shall be required to surrender only aviation allowances to comply with the provisions of paragraph 2a."

Justification

Aircraft operators have pledged to increase the efficiency of aircraft engines by 50 % in 2020. This should be supported and laid down in the directive because it serves as a safeguard against very limited incentives to reduce emissions from aircraft in case the CO2 price is not high enough to provide this incentive.

Amendment 43

ARTICLE 1, POINT 8, POINT (B C) (new)

Article 12, paragraph 2f (new) (Directive 2003/87/EC)

(bc) the following paragraph 2f is inserted:

 

"2f. The Commission shall, having regard to air operators' pledge to increase the efficiency of aircraft engines by 50% in 2020, report to the European Parliament in 2010 and 2015 on progress made towards achieving this target."

Justification

Aircraft operators have pledged to increase the efficiency of aircraft engines by 50% in 2020. The Commission should monitor what progress is made, and should periodically report back to the European Parliament.

Amendment 44

ARTICLE 1, POINT 8, POINT (B D) (new)

Article 12, paragraph 2g (new) (Directive 2003/87/EC)

(bd) the following paragraph 2g is inserted:

 

"2g. As soon as sufficient scientific evidence is available an appropriate multiplier will be proposed to take into account the effects of cirrus clouds caused by aviation activity."

Amendment 45

ARTICLE 1, POINT 13

Article 18a, paragraph 3 a (new) (Directive 2003/87/EG)

3a. In order to ensure equal treatment of aircraft operators, the Commission shall adopt specific guidelines to harmonise the administration of aircraft operators by administering Member States.

Justification

In order to avoid confusion, unequal treatment and unnecessary costs, harmonised rules for administering States to follow should be specified in separate guidelines.

Amendment 46

ARTICLE 1, POINT 13

Article 18 b (Directive 2003/87/EC)

For the purposes of carrying out its obligations under Articles 3b(4) and 18a, the Commission may request the assistance of Eurocontrol and may conclude to that effect any appropriate agreements with that organisation.

For the purposes of carrying out its obligations under Articles 3b(4) and 18a, the Commission may request the assistance of Eurocontrol and shall designate a neutral organisation to which airlines will supply data directly.

Justification

The airlines would prefer to supply the data concerning flights and consumption themselves; assistance by Eurocontrol is regarded as worthwhile in this connection.

Amendment 47

ARTICLE 1, POINT 14

Article 19, paragraph 3 (Directive 2003/87/EC)

(14) In Article 19(3), the following words are added: “and provisions to take account of the inclusion of aviation activities in the Community scheme. The Regulation shall allow for aircraft operators to request their registry administrator to exchange an allowance issued under Chapter II for an allowance equivalent to those issued under Chapter III. Administrators shall make such an exchange on request.”

Deleted

Justification

As long as aviation emissions are not part of international agreements and covered by Kyoto Protocol Assigned Amount Units it is not appropriate to allow for aviation allowances to be changed into allowances allocated to other sectors under ETS.

Amendment 48

ARTICLE 1, POINT 16

Article 25a (Directive 2003/87/EC)

Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Community which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive to provide for flights arriving from that country to be excluded from the aviation activities listed in Annex I with effect from the next period referred to in Article 3b.

That amendment, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(2a).

Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Community which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive to provide for flights arriving from that country to be excluded from the aviation activities listed in Annex I with effect from the date on which the third country measures are implemented. Allowances issued for calendar years subsequent to that date shall be cancelled.

Justification

To avoid an operator being unfairly subject to obligations under two equivalent regimes at the same time. Codecision should apply in this area.

Amendment 49

ARTICLE 2, PARAGRAPH 2 A (new)

 

2a. Should non-EU States or groups of States agree with the European Union on a common scheme of emission trading which brings at least the same environmental benefit as the scheme under this Directive, the Commission may propose an amendment to this Directive to adapt it to the rules of the common scheme.

Justification

It should be made clear in the proposal that the European Union will not insist on its own scheme but insists on the environmental effects to protect the climate.

Amendment 50

ANNEX, POINT 1, POINT (B)

Annex I, paragraph 2, new subparagraph (Directive 2003/87/EC)

For the year 2011 only flights which both depart from and arrive in an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation. From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included.

From the year 2010 flights which both depart from and arrive in an airport situated in the territory of a Member State to which the Treaty applies, as well as flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies, shall be included in the activity of aviation.

Justification

Only a scheme that covers as early as possible intercontinental flights has a significant effect on the reduction of greenhouse gas emissions. Even this is only a first step. The EU should talk to third parties to get a global scheme as soon as possible. (See amendments 5 and 12)

Amendment 51

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table, new Category, point (a) (Directive 2003/87/EC)

(a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers where this is substantiated by an appropriate status indicator in the flight plan;

deleted

Justification

There is no apparent justification for special treatment of flights by Heads of State or Government, etc.

Amendment 52

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, new category, point (b) (Directive 2003/87/CE)

b) military flights performed by military aircraft and customs and police flights and search and rescue flights authorised by the appropriate competent authority;

b) military flights performed by military aircraft as part of an international mission, flights by customs and police services, flights for search and rescue purposes as well as medical and disaster relief including fire-fighting which are authorised by the appropriate competent authority

Justification

The public authorities should set an example and should therefore not enjoy exemption in this area. Circular flights create greenhouse gases in the same way as other flights. The exemption (g) for small aircraft is sufficient to exclude from the system flights such as trial flights, visual flights, sports, tourist or cartographic flights, etc. In the case of such flights, which are usually organised by very small companies or private user-owners, the fuel tax method is much easier to manage.

Amendment 53

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, new category, point b a) (new) (Directive 2003/87/EC)

ba) flights for humanitarian purposes under a mandate from the United Nations or its subsidiary organisations and Emergency Medical Service flights, if the aircraft operator has been instructed to perform them (e.g. by the United Nations) or holds the necessary official authorisation (licence for such EMS flights under its Air Operator’s Certificate);

Justification

The Commission proposal stipulates that international rescue flights will be excluded from the trading scheme. However, the wording used, ‘search and rescue flights authorised by the appropriate competent authority’, is not precise enough, since the flights referred to in fact fall under the heading of national air rescue, which is governed by the law of the country concerned.

Amendment 54

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, new category, point (c) (Directive 2003/87/CE)

(c) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Convention on International Civil Aviation 1944;

Deleted

Justification

Exemption of flights performed under visual flight rules could encourage this type of operation, to the detriment of safety in the air. The current exemption of light aircraft already accounts for most flights carried out under visual flight rules.

Amendment 55

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, new category, point (d) (Directive 2003/87/EC)

d) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;

d) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made where Member States have introduced charges or aircraft fuel taxes with equivalent effects;

Amendment 56

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table, new Category, point (e) (Directive 2003/87/EC)

(e) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;

(e) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo;

Justification

Positioning and ferrying of aircraft should be equated with training flights.

Amendment 57

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, new category, point (f) (Directive 2003/87/EC)

f) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation excluding positioning flights by the aircraft concerned; and

f) flights performed exclusively for the purpose of checking, testing or certifying aircraft or equipment, whether airborne or ground-based; ferrying new aircraft as well as ferry flights performed by or on behalf of an aircraft owner as a consequence of the occurrence of a sudden early termination event, event of default, repossession, or similar occurrence in respect of a leasing, charter or similar arrangement;

Justification

Safety is paramount within the air transport sector, with aircraft and equipment undergoing extensive certification processes to comply with the airworthiness regulations. Checking, testing or certifying aircraft or equipment, whether airborne or ground based, through flight testing is mandatory in order to ensure the highest degree of safety throughout the lifecycle of aircraft. Flights which take place during the certification process and which cannot be compared to normal commercial operations should not be included in the scope of the DirectiveWhere an owner of an aircraft is required to, for example, repossess an aircraft from a lessee and/or sub-lessee operator following the occurrence of a sudden termination event, event of default or similar occurrence, the “ferry flights” of such aircraft undertaken by or on behalf of the aircraft's owner to recover the aircraft resulting from such circumstances should be excluded from the list of relevant aviation activities, otherwise the significant administrative requirements of the proposed scheme will place a disproportionate burden and financial risk on aircraft owners that are forced to carry out "ferry flights" in such circumstances.

Amendment 58

ANNEX, POINT 2, POINT (B)

Annex IV, Part B, "Monitoring of tonne-kilometre data for the purpose of Article 3d",

paragraph 2, indent 2 and paragraphs 3 and 4 (new)(Directive 2003/87/EC)

– an aircraft operator may chose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value for each passenger and his checked baggage of 100 kg.

– an aircraft operator may chose to apply either the actual or standard mass for passengers and checked baggage contained in its mass and balance documentation for the relevant flights or a default value for each passenger and his checked baggage of 150 kg.

 

The activity in tonne-kilometres shall be adjusted pro-rate where a service between an airport pair commences in the course of the year for which the calculation is being made.

 

No activity data shall be provided where a service between an airport pair ceases in the course of the year for which the calculation is being made.

Amendment 59

ANNEX, POINT 3, POINT (B)

Annex V, Part B, point (14), subparagraph 1 a (new) (Directive 2003/87/EC)

 

The European Institutions and the Member States shall ensure that the working methods to be used by the verifier are harmonised before the implementation of the Directive and that its provisions are applied on a uniform basis.

Justification

In order to achieve the aim of ensuring uniform treatment of the aviation sector, it is necessary to check that uniform methods and procedures are used and that they are applied in the same way. Differences in the way in which rules are applied and interpreted in the Member States lead to distortion of competition.

Amendment 60

ANNEX, POINT 3, POINT (B)

Annex V, Part B, point (16), subparagraph 1 a (new) (Directive 2003/87/EC)

 

The European Institutions and the Member States shall ensure that the working methods to be used by the verifier are harmonised before the implementation of the Directive and that its provisions are applied on a uniform basis.

Justification

In order to achieve the aim of ensuring uniform treatment of the aviation sector, it is necessary to check that uniform methods and procedures are used and that they are applied in the same way. Differences in the way in which rules are applied and interpreted in the Member States lead to distortion of competition.

  • [1]  OJ C ... / Not yet published in OJ.

EXPLANATORY STATEMENT

Introduction

The urgency to limit greenhouse gas emissions to combat climate change has been underlined impressively by the recent reports of the International Panel on Climate Change (IPCC).[1]

The former chief economist of the World Bank, Sir Nicholas Stern, has underlined in its report to the British government that "our actions over the coming decades could create risks of major disruption to economic and social activity, later in this century and in the next, on a scale similar to those associated with the great wars and the economic depression of the first half of the 20th century" (Stern Report, p. 572).

The European Council that took place on 8-9 March 2007 adopted a quite ambitious strategy in this area. In the framework of an international agreement greenhouse gas emissions of the European Union and other industrialized countries should be reduced by 30 % compared to 1990 levels in 2020.

The European Parliament has underlined the urgency of action against climate change in several resolutions and has shown its commitment by setting up a temporary committee on climate change.

Surprisingly enough, the Commission proposal on the inclusion of aviation in the emissions trading scheme is the only legal proposal on climate mitigation that is discussed under co-decision in the European institutions at the moment.

The way the European Parliament and the other institutions deal with this proposal will be decisive for the future policy in this area.

How serious is the European Union when it comes to concrete legislation?

Do we find an intelligent way to reduce greenhouse gas emissions while not undermining the competitiveness of the European industry?

What kind of signal do we give to third parties?

The increase of greenhouse gas emissions in the aviation sector is enormous. Compared to 1990, already today the emissions have been increased about 100%.[2] This contrasts dramatically with the Kyoto reduction target of 8% or the 30% EU target for post-2012. Some argue that aviation's share of overall greenhouse gas emissions is "only" about 3%[3] but the share of the aviation sector of GVA is 0.6 %.[4] Nobody would argue that this is not significant.

Under the aspect of greenhouse gas emission aviation is the worst transport mode. Per kilometre a passenger using an aircraft is emitting significantly more greenhouse gases than a passenger using train or bus. Even using a car is significantly more environmental friendly than flying.

All EU institutions have recognized that this problem needs to be addressed and that emissions trading is a useful instrument if it is appropriately designed and combined with other measures.

The Commission proposal

The Commission's proposal aims at amending Directive 2003/87/EC so as to include CO2-emissions from aviation into the Community emissions scheme.

It is proposed to include flights between EU-airports as from 2011 and flights departing and arriving in the EU as from 2012 but excludes not only testing ,rescue and training flights but also government flights .The allowances will be allocated in a harmonised way by the Member States which are in charge of the administrative follow-up of an aircraft operator : The total number of allowances will be based on the average emissions from aviation in the period 2004-2006.

A fixed percentage of the allowances will be distributed without any charge based on a benchmark .For the years 2011 - 2012 it is proposed to auction the average percentage of what the Member States propose to auction in their national allocation plans.

After this period a general review should take place and the percentages of free allocation and auctioning as well as the procedures could be reassessed .The details concerning the auctioning will be fixed in a Commission Regulation.

Aircraft operations will be able to buy allowances from the other 6 sectors already included in the Community scheme and can use so called project credits (Emission Reduction Units and Certified Emission Reductions) up to certain harmonised limits.

Evaluation of the Commission proposal

The proposal of the Commission is an important step to address the greenhouse gas emissions of aviation. But under environmental aspects and under aspects of competitiveness between the different airlines and the different transport sectors it can and must be significantly improved.

The proposed changes

Scope and starting date

The most important change that is proposed by the rapporteur is the introduction of one single starting date for internal flights and other flights departing and landing in EU airports. The Commission argues that there is no legal argument against the introduction of the scheme for all departing and landing flights. For political reasons the Commission has proposed two different dates. The distinction between internal flights and intercontinental flights would lead to significant problems. The environmental impact of the scheme will be relatively small if intercontinental flights are not included. It will lead to a distortion of competition between the airlines and it will also lead to a distortion of competition between tourist regions. It is difficult to explain that, for example, a flight from the UK to Morocco is not covered by the scheme while a flight from the UK to the Canary Islands will be covered. This is why the rapporteur proposes one single starting date. As the mitigation of climate change is becoming more and more urgent the starting date should be as soon as possible. The scheme will probably be adopted in 2008. A transitional period of one to two years should be realistic. This is why the rapporteur proposes the starting date 2010.

Relation to third parties

Climate change is a global challenge. That is why an EU scheme, whatever scope it has, can only be a first step. The European Commission should therefore negotiate with third parties to get step by step to a global scheme. In case the European institutions agree with any third party on a common scheme which has at least the same environmental benefit as the EU scheme, the Commission may propose a change of the scheme to adapt it to the agreement. It should be made clear that the European Union does not insist on a specific scheme but on the positive effect on the reduction of greenhouse gas emissions.

Allocation method

It is a very important step forward that the Commission proposes a harmonised allocation method. The most important criticism to the current ETS is the distortion of competition through completely different national allocation plans and enormous over-allocation. The Commission proposes to distribute most of the allocations by benchmarks. This is much better than the existing grandfathering. But also a benchmark system can lead to a distortion of competition because as a way one chooses a benchmark is important for the effect on airlines with different business models. The proposed benchmark by the Commission could favour freight transport against passenger transport. This is why it should be adapted.

Even the adapted benchmark may lead to some distortion of competition. This is one of the reasons why more significant parts of the allocation should be distributed by auctioning. Another argument in favour of auctioning is the possibility to address the needs of newcomers who bring innovation into the sector. It is also important to avoid windfall profits as much as possible. In the current ETS the allocations are distributed for free and even so prices have been increasing. A significant number of allocations being auctioned would give the Member States a possibility to generate income and reduce other taxes and charges in the transport sector.

Use of the money generated by auctioning

There is a general feeling in the public that no more taxes, charges and other are burdens should be imposed on the citizens and on the business. This is why it should be made clear in the proposal that the money generated by auctioning is given back to the citizens and to the economy. Looking at the greenhouse gas emissions, aviation is the worst mode of transport. A passenger using the plane is emitting significantly more greenhouse gas emissions than a passenger using the bus or railway for the same distance. Even driving a car is under normal circumstances much more environment friendly than using an aircraft. Against this background it is a contradiction that cars and especially buses and railway, which are more environment friendly, suffer from a lot of taxes and charges, even some environmental taxes. The railway is already covered by the emissions trading scheme because it uses electricity. Therefore the rapporteur proposes to reduce taxes and charges in environment friendly transport modes.

Cap

The European Union has committed itself to reducing greenhouse gas emissions by 8% compared to the 1990 level until 2012. Until 2020 they should be reduced by about 20% and if there is an international agreement even by about 30%. If this level of ambition would be transmitted to the aviation sector, which has doubled its emissions since 1990, a reduction of about more than 50% until 2012 should be obliged to the sector. Because of the technical measures available this is completely unrealistic. But to show at least some more fairness to the other sectors and to increase the level of ambition, a small reduction of emissions should be obliged to the aviation sector. The rapporteur proposes a 10% reduction compared to 2004-2006. This does not exclude growth even if the actual emissions of the aircraft cannot be reduced in the short term, because the airlines are allowed to buy credits from other sectors or from CDM and JI.

Non-CO2 effects of aviation

Scientific reports prove that there are much more effects on climate change than the pure CO2 emissions. An important part is NOX emissions and cirrus clouds. Concerning cirrus clouds there is a lot scientific uncertainty but a precautionary principle should at least encourage us to avoid cirrus clouds if possible. This is why the rapporteur proposes a recital to encourage the air traffic management authorities. Concerning NOX the Commission has announced to propose a separate legislation. Unfortunately the proposal has not been presented. This is why the rapporteur proposes a multiplier to reflect the NOX effects of aviation. The multiplier should be deleted when the new Commission proposal on NOX has been adopted by Council and European Parliament.

Exceptions for government flights

A politically very important point will be the exception of government flights proposed by the Commission. Based on the position that the public sector and especially politicians need to be a precursor and a good example, the exception for government flights has lead to justified protests from the public. The rapporteur thinks that it is appropriate to delete this derogation.

Air Traffic Management

For years the European Parliament has been asking for an improved air traffic management. Unfortunately Member States and the Council have been very hesitating to introduce this scheme. It is only foreseen to bring it into force in 2020.

The Single European Sky/ATM research has been introduced for economic reasons and for reasons of transport policy. But a Single European Sky/ATM would also be a project to reduce greenhouse gas emissions. This is why Member States and the Council should be urged to introduce this as soon as possible.

  • [1]  IPCC 2007: Climate Change 2007, Part I: The Physical Science Basis; IPCC 2007: Climate Change, Part II: Impacts, Adaptation and Vulnerability; IPCC 2007: Climate Change 2007, Part III: Mitigation of Climate Change.
  • [2]  This figure results from the well-known and safe 86 % (1990-2004) plus a figure that is based on the average increase of the years 2003/2004 (7.5 % p.a.) (see EEA Technical Report 6/2006; Eurostat News Release 11/2007).
  • [3]  See COM(2005) 459.
  • [4]  Eurostat, Statistics in Focus 37/2005: The Air Transport Sector in the European Union.

OPINION of the Committee on Economic and Monetary Affairs (13.9.2007)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a European Parliament and Council directive amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community
(COM(2006)0818 – C6‑0011/2007 – 2006/0304(COD))

Draftsman: Alain Lipietz

SHORT JUSTIFICATION

On 20 December 2006, further to its communication of September 2005, the Commission submitted a proposal for a directive amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community.

The rapid increase in emissions produced by aviation (87% since 1990) is threatening to some extent to cancel out the efforts made by the EU to reduce overall emissions. Including flights in the emission allowance trading scheme is intended to restrict or internalise the cost of the sector's negative externalities. Your draftsman is therefore pleased that the proposal for a directive makes it possible to act against climate change while taking into account economic and competitive needs.

New proposals by the draftsman

1. Restricting the requirements initially to flights departing from an EU airport, to ensure that the European proposal is internationally acceptable.

Although the principle of implementing an open emissions trading system for aviation was approved by ICAO Assembly resolution 35.5, the publication of the proposal for a directive has aroused hostility in several of the EU's partner countries[1], which are opposed to the inclusion of their countries' aircraft in the Community system.

This opposition should not prompt the EU to amend its rules, since the principle of geographical application is necessary to ensure the system's economic and environmental effectiveness and avoid distortions of competition, in compliance with WTO rules. Europe can and must set an example in the field of climate protection and has always asserted its sovereignty as regards upholding the rules of competition. Nevertheless, to prevent any legal challenge, our ICAO partners must be given the time to implement Resolution 35.5.

It is therefore proposed that, initially, application of the directive should be restricted to flights departing from a Community airport.

This compromise should not be of excessive duration and the final mechanism proposed complies both with WTO rules and ICAO Resolution 35.5. Nevertheless, it leaves room for negotiation. Your draftsman is proposing a five-year deadline (until the start of the 'post-Kyoto' period, when the European Union and Parliament have already resolved to act unilaterally to protect the climate if agreement is not reached in the meantime).

2. Increasing the role of auctioning in the allocation of emission permits

It is shocking, if defensible (since it represents a rethink of the previous free system), that certificates with a market value should be largely allocated free of charge. However, since the allocation is based on emissions recorded previously, this method of distribution is an implicit subsidy to existing companies, to the detriment of new companies, with a risk of an abuse of dominant position. That is why it should be compulsory for a 10% minimum of emission rights to be allocated for auctioning, a share that should increase to allow 'new entrants' into the air transport market. In addition, the increase in revenue derived from auctions will be an additional source of finance for research projects into the greenhouse effect or could be used to reduce the cost of cleaner forms of transport.

3. Proposing a more ambitious application of the new system

The compromise for third countries proposed above (paragraph 1) is tantamount to a substantial reduction in the effort required of the aviation industry, which will be exempt from quotas for five years for half of its intercontinental flights (towards Europe). This diplomatic compromise must be offset by measures taking greater account of the urgent nature of efforts to combat the greenhouse effect. Your draftsman proposes that the introduction of the system as a whole should be brought forward by one year and that there should be a reduction in the total of allowances allocated to the aviation sector, equal to the average of the restrictions imposed on the other sectors.

The following changes would make the proposal more effective:

· The system would be implemented in 2010-2011.

· A multiplier mechanism should be used to take genuine account of the impact of high- altitude emissions.

· The scheme of allowances allocated to aviation would be subject to the same reduction requirements as the average level for other industrial sectors.

· Efforts to combat global warming cannot be restricted to this directive, since small aircraft, for example, have been exempted from the quota system. Study groups should be set up to examine other courses of action, such as harmonised taxation of fuel used for flights within the EU.

4. Abolishing preferential treatment for official flights

The Commission proposal includes a number of exceptions. While some of these can be justified in terms of their benefit to society (rescue flights), there is no reason why official or government flights should enjoy exemptions. Politicians should use the least polluting modes of transport when travelling.

AMENDMENTS

The Committee on Economic and Monetary Affairs calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[2]Amendments by Parliament

Amendment 1

RECITAL 8 A (new)

 

(8a) The current system of air traffic management (ATM) in Europe suffers from several inefficiencies which significantly increase the aviation industry's CO2 emissions. In particular, discrepancies between the ATM systems of different Member States result in airlines being forced to fly longer routes than the Great Circle Distance (GCD), which results in higher fuel burn. The Single European Sky (SES) policy, when fully implemented, will allow GCDs to be used and hence CO2 emissions will be reduced by up to 12%. The SES should, therefore, be put into operation as soon as possible.

Justification

Under the current European ATM system, aircraft are given circuitous routings through fragmented airspace, or instructed to fly at altitudes or speeds where their engines are operating outside their peak efficiency. These inefficiencies add to CO2 emissions, and therefore efforts should be made to introduce the SES initiative as soon as possible, as this will reduce these inefficiencies through the creation of a harmonious single European ATM system more closely based on actual flight patterns, rather than using the present arrangements, which are largely based on national boundaries.

Amendment 2

RECITAL 11

(11) From 2011, emissions from flights between airports in the Community should be included in the Community scheme. From 2012, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country.

(11) In order to ensure a level playing field between airports and between aircraft operators, international flights and flights within the EU should both be included in the Community Scheme from the beginning . From 2010, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme should thereby serve as a model for the expansion of the scheme worldwide. The Commission should to that end immediately enter into international negotiations with the aim of reaching international agreement on a global scheme. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country.

Justification

To ensure a level playing field, international flights should be covered from the start of the scheme, and the start date should be brought forward to 2010. However, to prevent any possible retaliatory or legal actions by non-EU parties, an international dialogue should be started immediately with the aim of agreeing on a global scheme.

Amendment 3

RECITAL 12 A (new)

(12a) Other actions are needed in order to supplement this directive. Study groups should therefore be set up to examine other means of action.

Justification

Combating global warming is a major challenge which requires a firm commitment on the part of the European Union. Other measures need to be taken in addition to this directive.

Amendment 4

RECITAL 13 A (new)

 

(13a) In order to offer continuing support to the more remote and lightly populated areas of Europe, which are particularly dependent on air transport services, special consideration should be given to regional feeder services in the allocation and issue of allowances. Fair distribution of allowances should be guaranteed for air services to remote or isolated regions, in addition to existing measures such as the air transport Public Service Obligations (PSOs) currently in operation in the EU, in order to facilitate continued regional economic development.

Justification

Whilst air services to remote or isolated regions of the European Union are already given special consideration within the framework of existing measures such as PSOs (governed by Council Regulation (EEC) No 2408/929), these essential services should also be taken into consideration in the allocation and issue of allowances in the EU-ETS scheme, in order to ensure that they can continue to operate.

Amendment 5

ARTICLE 1, POINT 3

Article 3b, paragraph 1 (Directive 2003/87/EC)

1. For the period from 1 January 2011 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

1. For the period from 1 January 2010 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

Amendment 6

ARTICLE 1, POINT 3

Article 3b, paragraph 3 (Directive 2003/87/EC)

3. For the second period referred to in Article 11(2) and each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the historical aviation emissions multiplied by the number of years in the period.

3. By x*, the Commission shall review the total quantity of allowances to be allocated in a transparent way to aircraft operators, in relation to the historical aviation emissions reduced by a rate equal to the general reduction rate imposed on all sectors, for the second period referred to in Article 11 (2). This review shall provide a mechanism to ensure that the environmental effectiveness of the scheme is maintained, so that aircrafts will contribute to the general ETS. The Commission shall provide for subsequent reviews of the total quantity of allowances allocated.

___________________

 

*x shall be determined once the Review of the EU ETS sets out phase lengths.

Justification

This review will provide a mechanism to ensure that the environmental effectiveness of the scheme is maintained for a dynamic sector like aviation. The point of review should be at least three years or fit in effectively with proposed post 2012 cap review processes.

Amendment 7

ARTICLE 1, POINT 3

Article 3c, paragraph 1 (Directive 2003/87/EC)

1. In the period referred to in Article 3b(1), a percentage of allowances shall be auctioned. The percentage shall correspond to the average percentage proposed by the Member States including auctioning in their national allocation plans under Chapter III for the relevant period.

1. In the period referred to in Article 3b(1), 50% of allowances shall be auctioned.

Justification

A significant level of auctioning will help to develop a fair price for carbon in the ETS, create a considerable fund for R&D in to new clean technologies and contributing to mitigating the effects of climate change, and ensures the polluter pays principle.

Amendment 8

ARTICLE 1, POINT 3

Article 3c, paragraph 4 (Directive 2003/87/EC)

4. Revenues generated from the auctioning of allowances in accordance with paragraph 3 shall be used to mitigate greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation, and to cover the costs of the administering Member State in relation to this Directive. Member States shall inform the Commission of measures taken pursuant to this paragraph.

4. Revenues generated from the auctioning of allowances in accordance with paragraph 3 shall be used to cover the Member States' justified costs of administering this Directive and of research into, and the development of, new technologies and designs which will reduce the airline industry's contribution to CO2 emissions and other pollutants, including operational, airframe, engine, and clean fuel developments as well as to invest in infrastructure and services that rationalise flight movements and to mitigate other detrimental effects of aviation such as noise pollution. Member States shall inform the Commission of measures taken pursuant to this paragraph.

Justification

There is much potential for technological innovation in the aviation industry which could help to significantly reduce the sector's CO2 emissions in parallel to the inclusion of aviation in the EU-ETS scheme. The revenues generated from the auctioning of allowances should be largely invested in R&D for the design of cleaner, more efficient aircraft. Auction revenue should as much as possible be used to mitigate CO2 emissions, for example by investing in research and development of green technologies and in air traffic control and ground control management.

Amendment 9

ARTICLE 1, POINT 3

Article 3d, paragraph 5 (Directive 2003/87/EC)

5. By 28 February 2011 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

5. By 28 February 2010 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

Justification

In view of the urgency of the situation, it seems appropriate to bring the calendar forward by one year.

Amendment 10

ARTICLE 1, POINT 3

Article 3d, paragraph 5 a (new) (Directive 2003/87/EC)

 

5a. In the event of a merger or takeover involving several carriers during a given period, the allowances which have been allocated to them or which they have acquired shall be retained by the new entity. If a carrier ceases to operate, the Member State to which it is attached shall place the relevant allowances on the secondary market for allowances. At the beginning of the following year, the share of the allowances still available shall be allocated in full for auctioning, taking account of the general rate of reduction of authorised allowances.

Justification

The allocation of free allowances under the traditional method (‘grandfathering’) has the drawback of favouring existing companies. The trend towards company mergers will reduce competition, bringing with it the danger of abuse of dominant position, unless new companies appear and these must have access to an expanding allowances market via auctioning.

Amendment 11

ARTICLE 1, POINT 3

Article 3d, paragraph 5 b (new) (Directive 2003/87/EC)

 

5b. On the basis of the experience acquired during the period 2010-2012, the Commission shall submit a proposal concerning the quota of emission permits the aviation sector is authorised to purchase on the secondary market for wider emission permit schemes.

Justification

In accordance with paragraph 28 of Parliament’s resolution of July 2006, the aviation sector should not concentrate its efforts too much on the general market for emissions rights and access to joint implementation mechanisms, ‘to the detriment of less protected sectors’.

Amendment 12

ARTICLE 1, POINT 6

Article 11a, paragraph 1 a, subparagraph 2 a (new) (Directive 2003/87/EC)

 

The percentage of CERs and ERUs usable in relation to aviation activities shall be reviewed alongside their use in other sectors as part of the ETS review.

Justification

As with all sectors, the use of CERs and ERUs by the aviation sector will need to be reviewed as part of post-2012 arrangements.

Amendment 13

ANNEX, POINT 1, POINT (B)

Annex I, paragraph 2, subparagraph 2 (Directive 2003/87/EC)

"For the year 2011 only flights which both depart from and arrive in an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation. From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included"

"From 1 January 2010, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation".

Justification

To ensure a level playing field, international flights should be covered from the start of the scheme, and the start date should be brought forward to 2010.

Amendment 14

ANNEX, POINT 1) C)

Annex I, Table (Directive 2003/87/CE)

Aviation

Aviation

Flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies.

Flights which depart from an airport situated in the territory of a Member State to which the Treaty applies.

This activity shall not include:

This activity shall not include:

a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers where this is substantiated by an appropriate status indicator in the flight plan;

 

b) military flights performed by military aircraft and customs and police flights and search and rescue flights authorised by the appropriate competent authority;

b) military flights performed by military aircraft as part of an international mission and customs and police flights and search and rescue and fire-fighting flights authorised by the appropriate competent authority;

c) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Convention on International Civil Aviation 1944;

 

d) flights terminating at the aerodrome from which the aircraft has taken off and during which no intermediate landing has been made;

 

 

e) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;

 

f) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation excluding positioning flights by the aircraft concerned; and

f) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation excluding positioning flights by the aircraft concerned; and

g) flights performed by aircraft with a certified maximum take-off weight of less than 5 700kg.

g) flights performed by aircraft with a certified maximum take-off weight of less than 5 700kg.

Justification

The public authorities should set an example and should therefore not enjoy exemption in this area. Circular flights create greenhouse gases in the same way as other flights. The exemption (g) for small aircraft is sufficient to exclude from the system flights such as trial flights, visual flights, sports, tourist or cartographic flights, etc. In the case of such flights, which are usually organised by very small companies or private user-owners, the fuel tax method is much easier to manage.

PROCEDURE

Title

Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

References

COM(2006)0818 - C6-0011/2007 - 2006/0304(COD)

Committee responsible

ENVI

Opinion by

       Date announced in plenary

ECON

1.2.2007

 

 

 

Drafts(wo)man

       Date appointed

Alain Lipietz

13.2.2007

 

 

Discussed in committee

27.6.2007

10.9.2007

 

 

Date adopted

11.9.2007

 

 

 

Result of final vote

+:

–:

0:

37

0

1

Members present for the final vote

Mariela Velichkova Baeva, Zsolt László Becsey, Pervenche Berès, Sharon Bowles, Udo Bullmann, Manuel António dos Santos, Christian Ehler, Jonathan Evans, Elisa Ferreira, Jean-Paul Gauzès, Donata Gottardi, Benoît Hamon, Karsten Friedrich Hoppenstedt, Sophia in ‘t Veld, Piia-Noora Kauppi, Wolf Klinz, Christoph Konrad, Kurt Joachim Lauk, Gay Mitchell, Cristobal Montoro Romero, Joseph Muscat, Alexander Radwan, Bernhard Rapkay, Antolín Sánchez Presedo, Olle Schmidt, Peter Skinner, Ieke van den Burg, Sahra Wagenknecht

Substitute(s) present for the final vote

Jorgo Chatzimarkakis, Harald Ettl, Ján Hudacký, Werner Langen, Alain Lipietz, Thomas Mann, Maria Petre, Poul Nyrup Rasmussen, Charles Tannock

Substitute(s) under Rule 178(2) present for the final vote

Íñigo Méndez de Vigo

  • [1]  Cf. the letter addressed to the Community institutions and Member States by the ambassadors of the United States, China, Japan, Korea, Canada and Australia.
  • [2]  Not yet published in OJ.

OPINION of the Committee on Industry, Research and Energy (14.9.2007)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community
(COM(2006)0818 – C6‑0011/2007 – 2006/0304(COD))

Draftswoman: Silvia Ciornei

SHORT JUSTIFICATION

Air transport, both of passengers and freight, is important for the European economy and the wellbeing of its citizens. However, aviation also contributes to climate change by emitting greenhouse gasses (GHG). A person flying transatlantic generates roughly the same level of emissions as that same person does by heating his home for a whole year. Furthermore, EU emissions from air transport are increasing faster than from any other sector, which threatens to undermine the EU's progress in cutting overall GHG-emissions.

This proposal aims at tackling the sector's emissions by bringing aviation into the EU Emissions Trading Scheme (EU ETS). From 2011, all domestic and international flights between EU airports will be covered, and in 2012 the scope will be extended to all international flights arriving at or departing from EU airports. To limit the rapid growth in aviation emissions, the total number of emission allowances available will be capped at EU-level at the average emissions level in 2005. These allowances will partly be auctioned and for the rest be issued by Members States to the operators on the basis of a harmonised efficiency benchmark.

Your draftswoman welcomes this proposal. Aviation should make a fair contribution to the efforts to combat climate change. Bringing aviation into the existing EU ETS is both from an economic and environmental point of view the best approach. Compared with current trends, this proposal could by 2020 reduce the emissions by more than 45%, saving around 183 million tonnes CO2 each year - equivalent for example to twice Austria's annual GHG-emissions from all sources.

However, certain elements of the proposal should be carefully considered, also with a view of the "lessons learned" from the first period of EU ETS and the preparation of its general revision:

Scope/timing: The proposal introduces a two steps approach, covering firstly only the emissions of intra EU flights and widening the scope later to cover all flights arriving or departing from the EU. Covering international flights is necessary in order to have a sizeable environmental impact, since if only intra EU flights will be covered, the CO2 reduction will be around a quarter. However, to unilaterally cover international flights could lead to retaliatory actions in the form of trade sanctions or WTO-proceedings by non-EU countries. Your draftswoman believes that international flights should be covered from the start to ensure a level playing field. However, in order to avoid a lengthy legal battle, the Commission should immediately enter international negotiations in order to agree on a global scheme.

Cap: To avoid the current problems in the EU ETS whereby Member States tend to nationally over-allocate allowances, the Commission proposes to apply a single EU-cap for the aviation sector. Your draftswoman applauds this choice. It will prevent distortions between Member States and operators, reduce the danger of over-allocation and provide the market with the predictability necessary for investment decisions. Another question is on what level this EU-cap should be set. Your draftswoman notes that stabilising the emissions at 2005 levels shows a different ambition level than in other sectors. However, taking into account the fact that international aviation is not covered by the Kyoto Protocol and possible negative effects on the competitiveness of a lower cap, your draftswoman believes as a first step it is a realistic one. In addition, some flexibility in the system is introduced to allow future growth to be taken into account.

Allocation: Probably the most discussed element is the different allocation mechanisms and their (dis)advantages: Grandfathering is simple, but can have perverse incentives (reward relatively polluting installations). Benchmarking rewards early action, but can be complicated and lead to administrative burden. And auctioning is transparent and efficient, but can undermine competitiveness and lead to higher transaction costs. Your draftswoman welcomes the choice to partly auction and partly allocate the allowances on the basis of a simple benchmark. In order to limit the windfall profits, your draftswoman prefers as much auctioning as possible. Auction revenue should as much as possible be used to mitigate emissions, for example by investing in research into greener technologies and in air traffic management.

Open vs. closed system: Regarding the possibility to trade emission allowances between aviation and rest of companies under EU ETS, your draftswoman agrees that the choice for an open system, whereby aviation could buy credits from other economic sectors, will lead to the most cost efficient environmental investments and will make the current ETS market more fluid.

Additional measures: The total impact of aviation on climate change is about 2 to 4 times higher than the effect of CO2 emissions, mainly due to NOx emissions. Your draftswoman agrees however that these emissions should not be addressed in this proposal, given the current scientific knowledge and the potential trade-off in the medium term between NOx and CO2. Your draftswoman welcomes the intention of the Commission to put forwards a proposal on how best to address NOx emissions in the near future.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]Amendments by Parliament

Amendment 1

RECITAL 8 A (new)

 

(8a) There is considerable potential to reduce aviation emissions through technological and operational improvements. A more efficient air traffic management, if fully implemented, could reduce aviation fuel burn by up to 12%. Therefore the Commission should vigorously pursue the Single European Sky policy by proper funding and a timely implementation of the SESAR Project.

Amendment 2

RECITAL 8 B (new)

 

(8b) Research and technological development is the key to innovation and improved performance. Strong support is needed to the work of the Advisory Council for Aeronautical Research in Europe and its Strategic Research Agenda which establishes specific targets for emission cuts in 2020. Furthermore, aircraft and engine manufacturers and fuel producers should make full use of the technology initiative "Clean Sky" in the seventh framework programme for research and technological development in order to fully exploit the possibilities to reduce the climate impact of aviation.

Amendment 3

RECITAL 9 A (new)

 

(9a) Emissions trading is according to the reports submitted the most appropriate instrument for mitigating the climate impact of aviation. Its application to aviation will make it unnecessary to introduce charges and taxes as further measures, especially since their environmental benefits are not clearly proven but their negative economic effects are considerable.

Justification

This assessment of emissions trading as the most suitable measure to take is in line with the analysis done by the International Civil Aviation Organisation (ICAO).

Amendment 4

RECITAL 10 A (new)

 

(10a) A level playing field between airports and between aircraft operators needs to be ensured. Therefore, international flights to and from the European Union and flights within the European Union should both be included in the Community scheme from the start.

Amendment 5

RECITAL 11

From 2011, emissions from flights between airports in the Community should be included in the Community scheme. From 2012, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country.

From 2012, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. The Commission should to that end immediately enter into international negotiations with the aim of reaching international agreement on a global scheme. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country in order to guarantee equality of treatment.

Amendment 6

RECITAL 12

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of aviation currently is two to four times higher than the effect of its past carbon dioxide emissions alone. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Pending scientific progress to identify suitable metrics for comparing the different impacts, a pragmatic and precautionary approach is required. Emissions of nitrogen oxides will be addressed in other legislation to be presented by the Commission.

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of aviation currently is two to four times higher than the effect of its past carbon dioxide emissions alone. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Pending scientific progress to identify suitable metrics for comparing the different impacts, a pragmatic and precautionary approach is required. Emissions of nitrogen oxides will be addressed in other legislation to be presented by the Commission, following extensive consultation with stakeholders and accompanied by a thorough impact assessment.

Justification

It is important to address the emissions of NOx. However, one has to take into account the latest scientific state-of-the-art and a proper cost-benefit analysis of the different legislative and non-legislative options.

Amendment 7

RECITAL 13

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified. To ensure access to the market for new aircraft operators, a proportion of allowances will be allocated by auction in accordance with rules to be developed by the Commission. Aircraft operators that cease operations should continue to be issued with allowances until the end of the period for which free allowances have already been allocated.

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified. To ensure access to the market for new aircraft operators and to prevent inappropriate market access barriers, a proportion of the allowances that will be allocated by auction shall be reserved for new entrants, in accordance with rules to be developed by the Commission. Aircraft operators that cease operations should continue to be issued with allowances until the end of the period for which free allowances have already been allocated.

Amendment 8

ARTICLE 1, POINT 2, POINT (B)

,Article 3, point (o a) (new) (Directive (2003/87/EC)

 

(oa) 'new entrant' means any person or operator who performs an aviation activity listed in Annex I and has not applied for an allocation of allowances in accordance with Article 3d. It shall, neither partly nor wholly, be owned by an aircraft operator who submitted an application for an allocation of allowances;

Amendment 9

ARTICLE 1, POINT 2, POINT (B)

Article 3, point (r) (Directive (2003/87/EC)

(r) 'historical aviation emissions' means the mean average of the annual emissions in the calendar years 2004, 2005 and 2006 from aircraft performing an aviation activity listed in Annex I.”

(r) 'historical aviation emissions' means the mean average of the annual emissions in the calendar years 2008, 2009 and 2010 from aircraft performing an aviation activity listed in Annex I.”

Amendment 10

ARTICLE 1, POINT 3

Article 3b, paragraph 1 (Directive 2003/87/EC)

1. For the period from 1 January 2011 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

1. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

Amendment 11

ARTICLE 1, POINT 3

Article 3b, paragraph 4 (Directive 2003/87/EC)

4. Within six months of the entry into force of this Directive, the Commission shall decide on the historical aviation emissions based on best available data.

4. Within six months of the entry into force of this Directive, the Commission shall make publicly available the historical aviation emissions based on best available data.

Justification

The historical aviation emissions should be factual and not based on a political decision. Furthermore, the long lead times and the relatively high costs involved in the development of new technology in the aviation field require long term predictability. The historical aviation emissions are crucial for the total quantity to be allocated for aviation and should therefore be made publicly available as soon as possible.

Aendment 12

ARTICLE 1, POINT 3

Article 3b, paragraph 4 a (new) (Directive (2003/87/EC)

 

4a. At least 24 months before the start of the second period referred to in Article 11(2) and each subsequent period, the Commission may adopt, in accordance with the regulatory procedure with scrutiny referred to in Article 23(2a), a Regulation amending the total quantity of allowances indicated in paragraph 3 of this Article, taking into account the growth of the aviation sector and climate policy commitments.

Amendment 13

ARTICLE 1, POINT 3

Article 3c, paragraph 1 (Directive (2003/87/EC)

1. In the period referred to in Article 3b(1), a percentage of allowances shall be auctioned. The percentage shall correspond to the average percentage proposed by the Member States including auctioning in their national allocation plans under Chapter III for the relevant period.

1. In the period referred to in Article 3b(1), a percentage of allowances shall be auctioned. The percentage shall correspond to the average percentage proposed by all the Member States in their national allocation plans under Chapter III for the relevant period, and the relevant provisions for new entrants therein.

Justification

The choice of an average percentage is to reflect the various policies adopted by the Member States regarding auctioning versus free allocation. Therefore the average should include the Member States allocating 100% of allowances free of charge.

Amendment 14

ARTICLE 1, POINT 3

Article 3c, paragraph 2 (Directive (2003/87/EC)

2. For future periods, the percentage to be auctioned shall take into account the general review of this Directive.

2. For future periods, the percentage to be auctioned referred to in paragraph 1 may be amended in the general review of this Directive.

Justification

The percentage of allocations to be auctioned should be clearly defined at the outset for all concerned. Since the auctioning of allowances is essentially intended to facilitate market access for new aircraft operators, the percentage should be fixed at 5 per cent.

The revenues generated from the auctioning of allowances in aviation must be used specifically to cut emissions and to improve climate conditions in aviation.

Amendment 15

ARTICLE 1, POINT 3

Article 3c, paragraph 3, subparagraph 1 (Directive (2003/87/EC)

3. The Commission shall adopt a Regulation containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2. The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3b(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3b the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates.

3. The Commission shall adopt a Regulation containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2. That Regulation shall contain specific provisions for new entrants. The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3b(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3b the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates.

Amendment 16

ARTICLE 1, POINT 3

Article 3d, paragraph 1 (Directive 2003/87/EC)

1. For each period referred to in Article 3b, each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge in accordance with Article 3c. An application may be made by submitting to the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed by that operator for the calendar year ending twenty four months before the start of the period to which it relates in accordance with Annexes IV and V. Any application must be made at least twenty one months before the start of the period to which it relates.

1. For each period referred to in Article 3b, each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge in accordance with Article 3c. An application may be made by submitting to the competent authority in the administering Member State verified tonne-kilometre data for the aviation activities listed in Annex I performed by that operator for the calendar year ending twenty four months before the start of the period to which it relates in accordance with Annexes IV and V. Any application must be made at least twenty one months before the start of the period to which it relates.

Justification

Provides clarity that the same competent authority in each Member State administers the scheme for all participants.

Amendment 17

ARTICLE 1, POINT 3

Article 3d, paragraph 5 (Directive 2003/87/EC)

By 28 February 2011 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

By 28 February 2012 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

Amendment 18

ARTICLE 1, POINT 3

Article 3d, paragraph 5 a (new) (Directive (2003/87/EC)

 

5a. In the event of a merger or takeover involving several carriers during a given period, the allowances which have been allocated to them or which they have acquired shall be retained by the new entity.

Justification

Merged entities should be allowed to keep their allocated allowances.

Amendment 19

ARTICLE 1, POINT 10, POINT (B), POINT (II)

Article 14, paragraph 3 (Directive 2003/87/EC)

(ii)      the words “from that installation during each calendar year” are replaced by “during each calendar year from the installation, or, from 1 January 2010, the aircraft, which it operates”.

(ii)      the words “from that installation during each calendar year” are replaced by “during each calendar year from the installation, or, from 1 January 2011, the aircraft, which it operates”.

Amendment 20

ARTICLE 1, POINT 13

Article 18a, paragraph 2, point (a) (Directive (2003/87/EC)

a) by 1 February 2009, publish a list of aircraft operators which performed an aviation activity listed in Annex I on or after 1 January 2006 specifying the administering Member State for each aircraft operator in accordance with paragraph 1; and

a) by 1 February 2010, publish a list of aircraft operators which performed an aviation activity listed in Annex I on or after 1 January 2008 specifying the administering Member State for each aircraft operator in accordance with paragraph 1; and

Justification

Adaptation to the amendment in Article 3, subparagraph (b), point (r) and in Article 3b

Amendment 21

ARTICLE 1, POINT 13

Article 18a, paragraph 3 (Directive (2003/87/EC)

3. For the purposes of paragraph 1, 'base year' means, in relation to an operator which started operating in the Community after 1 January 2006, the first calendar year of operation; and in all other cases, the calendar year starting on 1 January 2006.

3. For the purposes of paragraph 1, 'base year' means, in relation to an operator which started operating in the Community after 1 January 2008, the first calendar year of operation; and in all other cases, the calendar year starting on 1 January 2008.

Justification

Adaptation to the amendment in Article 3, subparagraph (b), point (r) and in Article 3b

Amendment 22

ARTICLE 1, POINT 16

Article 25a, paragraph 1 (Directive (2003/87/EC)

Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Community which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive to provide for flights arriving from that country to be excluded from the aviation activities listed in Annex I with effect from the next period referred to in Article 3b.

Where a third country adopts measures for reducing the climate change impact of flights which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive to avoid double counting and ensure equality of treatment.

Justification

In case a third county adopts equivalent measures, the geographical scope of the Community emissions trading scheme should take into consideration the scope covered by the system put in place by the third country. Double counting may arise when both the Community emission trading scheme and the third country's have a scope covering to/from flights.

Amendment 23

ANNEX, POINT 1, POINT (B)

Annex I, paragraph 2 a (Directive 2003/87/EC)

"For the year 2011 only flights which both depart from and arrive in an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation. From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included".

"From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation".

Justification

To ensure a level playing field, international flights should be covered from the start.

Amendment 24

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2, table, point (a) (Directive (2003/87/EC)

a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers where this is substantiated by an appropriate status indicator in the flight plan;

deleted

Justification

The public sector should be a positive example and not be in contrast to the expectation of the public. Some governments have already introduced a voluntary contribution to compensate greenhouse gas emissions caused by governmental flights.

Amendment 25

ANNEX, POINT 2, POINT (B)

Annex IV, Part B, subheading 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph 1 (Directive 2003/87/EC)

For the purpose of applying for an allocation of allowances in accordance with Article 3d(1), the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:

tonne kilometres = distance x payload

where:

For the purpose of applying for an allocation of allowances in accordance with Article 3d(1), the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:

tonne kilometres = distance x payload

where:

"distance" means the great circle distance between the airport of departure and the airport of arrival; and

"distance" means the normal flight-path distance between the airport of departure and the airport of arrival; and

"payload" means the total mass of freight, mail and passengers carried.

"payload" means the total mass of freight, mail and passengers carried.

Justification

The benchmark refers to the great circle distance, which is the shortest distance between two points on the Earth’s surface. However, actual flying paths often differ substantially from the Great Circle Distance due to air traffic congestion and airspace entry restrictions. These are factors lying outside the control of airline operators. Airline operators should not be penalised for additional emissions resulting from matters that are out of their control.

Amendment 26

ANNEX, POINT 2, POINT (B)

Annex IV, Part B, subheading 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraphs 3 and 4 (new) (Directive 2003/87/EC)

 

The activity in tonnes-kilometre shall be adjusted pro-rate where a service between an airport pair commences in the course of the year for which the calculation is being made.

 

No activity data shall be provided where a service between an airport pair ceases in the course of the year for which the calculation is being made.

Justification

Since these data are required two years in advance of the actual allocation for a period, it is necessary to appropriately account for new services established and terminated during the year when applying for allowances.

Amendment 27

ANNEX, POINT 3, POINT (B)

Annex V, Part B, point 14, paragraph 1 a (new) (Directive (2003/87/EC)

 

The European institutions and Member States shall ensure that the methods to be used by verifiers are harmonised before the Directive is applied and that they are applied uniformly in practice.

Justification

The work of the national verifiers should be carried out uniformly, in order to avoid distortion of competition between airlines.

Amendment 28

ANNEX, POINT 3, POINT (B)

Annex V, Part B, point 16 a (new) (Directive (2003/87/EC)

 

(16a) The European institutions and Member States shall ensure that the methods to be used by verifiers are harmonised before the Directive is applied and that they are applied uniformly in practice.

Justification

The work of the national verifiers should be carried out uniformly, in order to avoid distortion of competition between airlines.

PROCEDURE

Title

Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

References

COM(2006)0818 - C6-0011/2007 - 2006/0304(COD)

Committee responsible

ENVI

Opinion by

       Date announced in plenary

ITRE

1.2.2007

 

 

 

Drafts(wo)man

       Date appointed

Silvia Ciornei

12.4.2007

 

 

Discussed in committee

25.6.2007

 

 

 

Date adopted

13.9.2007

 

 

 

Result of final vote

+:

–:

0:

26

16

2

Members present for the final vote

Šarūnas Birutis, Jan Březina, Philippe Busquin, Jorgo Chatzimarkakis, Giles Chichester, Silvia Ciornei, Den Dover, Nicole Fontaine, Adam Gierek, Norbert Glante, András Gyürk, Erna Hennicot-Schoepges, Ján Hudacký, Romana Jordan Cizelj, Romano Maria La Russa, Eluned Morgan, Angelika Niebler, Reino Paasilinna, Atanas Paparizov, Francisca Pleguezuelos Aguilar, Miloslav Ransdorf, Herbert Reul, Mechtild Rothe, Paul Rübig, Andres Tarand, Britta Thomsen, Radu Ţîrle, Claude Turmes, Nikolaos Vakalis, Alejo Vidal-Quadras, Dominique Vlasto

Substitute(s) present for the final vote

Alexander Alvaro, Ivo Belet, Danutė Budreikaitė, Joan Calabuig Rull, Manuel António dos Santos, Neena Gill, Françoise Grossetête, Satu Hassi, Vittorio Prodi, Bernhard Rapkay, Esko Seppänen, Peter Skinner, Silvia-Adriana Ţicău

Substitute(s) under Rule 178(2) present for the final vote

Luisa Fernanda Rudi Ubeda, Hans-Peter Mayer, Sepp Kusstatscher, Thomas Mann

  • [1]  Not yet published in OJ.

OPINION of the Committee on Transport and Tourism (*) (21.9.2007)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a European Parliament and Council directive amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community
(COM(2006)0818 – C6‑0011/2207 – 2006/0304(COD))

Draftsman (*): Georg Jarzembowski

(*) Procedure with associated committees - Rule 47 of the Rules of Procedure

SHORT JUSTIFICATION

I. Brief description of the Commission proposal

The main elements of the Commission proposal are as follows:

· from 2011, all flights between Community airports are to be subject to the Community's existing emissions trading system and from 2012 so are third-country flights from third countries which depart from or arrive at a Community airport;

· the aggregate quantity of the allowances is to be determined on the basis of 'historical aviation emissions' in the years 2004 to 2006;

· initially, the greater part of the aggregate quantity is to be allocated free of charge on the basis of tonne-kilometre data, the remainder is to be auctioned by means of a procedure which has yet to be defined;

· government flights and military, customs and police flights are to be excluded from incorporation into the emissions trading scheme.

II. Public hearing by the Transport Committee

On 27 June 2007 a public hearing was held with the following experts:

Ø Mrs Marianne Klingbeil, DG Environment, European Commission,

Ø Mr Ulrich Schulte-Strathaus, Association of European Airlines,

Ø Mr Andrew B. Steinberg, Deputy Secretary of Transportation of the USA for Aviation and International Relations,

Ø Mr François Gayet, European Aerospace and Defence Association,

Ø Mr Dieter Kaden, Deutsche Flugsicherung (air traffic control organisation),

Ø Mr Sven Harmeling, Germanwatch,

Ø and Mr Mike Ambrose, Director-General of the Association of European Regional Airlines, who presented a new impact assessment.

III. Opinion of the draftsman

Your draftsman proposes 40 amendments, which arise from the public hearing and from discussions with other experts in the area concerned. They also take into account the impact assessment presented, which emphatically demonstrates that the effects of introducing emissions trading for aviation activities which would arise from the Commission proposal submitted would place a considerable burden on airlines and ultimately on consumers. It should also be kept in mind that overall emissions from aviation make up only a maximum of 3% of overall carbon dioxide emissions.

As draftsman for the Committee on Transport and Tourism I have been guided in preparing my opinion by the following two basic considerations:

a. In its resolution of 4 July 2006 the European Parliament recognised that 'emissions trading has the potential to play a role as part of a comprehensive package of measures to address the climate impact of aviation, provided it is appropriately designed'.

b. the inclusion of aviation activities in emissions trading should be done in such a way as to ensure it is in line with the Lisbon Strategy of the European Union and also with the objectives both of the European Environmental Policy and the Sustainable European Transport and Tourism Policy.

The following fundamental changes followed from this:

1. on the scope

As Parliament rightly decided in 2006, the inclusion of aviation activities in emissions trading should be introduced at the same time for flights within the European Union and for flights to or from a third country, inter alia to prevent distortion of competition between airlines and airports.

Your draftsman proposes that 1 January 2012 be taken as the starting date, since this date firstly takes account of the beginning of the post-Kyoto period and secondly affords the Member States, third countries and the airlines the time needed to make all necessary preparations.

He also points out that contrary to the announcements by third countries, in particular the USA, the inclusion in the European emissions trading scheme of aircraft from third countries which depart from or arrive at Community airports is legally admissible.

2. on the fixing of the total quantity of the allowances to be issued

Your draftsman follows the argument of the European Commission that the first exercise to fix the total quantity of the allowances to be issued to airlines should be free of charge. It is therefore logical to take the more recent period 2007 - 2009 into account as the basis for assessment and to take 110% of the sum of these historical aviation emissions as the basis for the year 2012.

3. on the methods of allocation of allowances

Since the initial allocation of allowances to existing airlines should be free of charge, it is only necessary to provide for an auction of 20% of allowances for new airlines.

Furthermore, the allocation of allowances should be based on aircraft capacity ('available tonne kilometre - ATK') rather than on the concrete number of passengers and quantity of freight carried by an aircraft ('revenue tonne kilometre - RTK'). A fundamental objective of the European Union is to maintain and strengthen the territorial cohesion of the Union. Only by calculating aircraft capacity can the risk be ruled out that a regular air service - even with aircraft which are not full to capacity - to remote areas, islands and outermost regions will be disproportionately burdened and that the short- and medium-haul flights within the EU will be made disproportionately more expensive.

AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Text proposed by the Commission[1]Amendments by Parliament

Amendment 1

RECITAL 8 A (new)

 

(8a) In addition to the emissions trading instrument, there is considerable potential for reducing aviation emissions through technological and operational improvements, and developments iin aircraft operation and at airports in particular; such developments should be promoted more than they have been in the past.

Justification

A comprehensible and credible emission reduction strategy should not only refer to emissions trading, but also include all technological and operational options, especially since these offer greater potential for cuts.

Amendment 2

RECITAL 8 B (new)

 

(8b) Research and technology development is the key to innovation and improved performance. The Community should continue to give strong support to the work of ACARE (Advisory Council for Aeronautical Research in Europe), and more particularly its Strategic Research Agenda (SRA), which sets emissions reduction targets for the air transport industry of 50% for carbon dioxide per passenger kilometre and 80% for nitrogen oxideby 2020.

Justification

A sound aviation climate change policy should not comprise economic instruments alone. Many existing instruments are already being used to mitigate the environmental impact of aviation and hence to influence its contribution to climate change. A properly designed and implemented ETS may complement the large battery of existing tried, tested and efficient tools. Whilst the Commission itself refers to "a comprehensive package of measures", it fails to mention the other elements of that package.

Amendment 3

RECITAL 8 C (new)

 

(8c) More efficient air traffic management could, by itself, cut fuel consumption by up to 12 % and thereby contribute to the lowering of CO2 emissions. Consequently, the Single European Sky and the SESAR projects should be implemented as quickly and as efficiently as possible. It is, in particular, the task of the Member States and the Community Institutions, in close consultation with the airspace users concerned, to take swift and firm action to establish functional airspace blocks, flexible airspace blocks and flexible airspace use. In this respect, support should be given to the AIRE initiative (Atlantic Interoperability Initiative to Reduce Emissions) agreed between the EU and the US Federal Aviation Administration.

Justification

Including aviation in the ETS is part of an overall European policy to reduce CO2 emissions in general and those in the aviation sector in particular. The two complementary aspects of the policy of including aviation in the ETS system are the 'Clean Sky' technological initiative and the Single European Sky project, together with improved air traffic management through the SESAR project. The AIRE initiative is also to be welcomed, since its benefits in curbing CO2 emissions will extend beyond the European Union, given that it is a joint initiative with the United States.

Amendment 4

RECITAL 8 D (new)

 

(8d) Research and technology is the key to innovation and to achieving further cuts in aviation emissions. Aircraft and engine manufacturers, and fuel producers, are urged to research and implement changes in their respective fields which will significantly contribute to reducing the climate impact of aviation. Community Institutions should continue their support for the "Clean Sky" Joint Technology Initiative (JTI) in the 7th Framework Programme for Research (FP7) which aims to radically reduce the impact of air transport on the environment.

Justification

Substantial cuts in emissions can also be achieved by changes in aircraft design - for example in the materials used - and in engine construction, as well as by the use of alternative fuels.

Amendment 5

RECITAL 9 A (new)

 

(9a) Emissions trading can be seen from every angle as the most appropriate instrument for reducing the climate impact of aviation. Its application to aviation will make it unnecessary to introduce further measures, such as charges and taxes, whose environmental benefits are not clearly proven but whose negative economic effects are considerable.

Justification

In thus assessing emissions trading as the most suitable measure to take, the European Institutions are following the analysis done by the International Civil Aviation Organisation (ICAO).

Amendment 6

RECITAL 9 B (new)

 

(9b) Following the adoption of this Directive, the Commission should monitor the progress achieved by the aviation industry in reducing its climate impact. If the inclusion of aviation activities in the Community scheme is found not to be sufficient to reverse the current upward trend in emissions, the Commission should propose additional measures to be part of a comprehensive package addressing the climate impact of aviation.

Justification

The proposal to include aviation activities in the EU ETS aims to reduce the impact of the sector on climate. The impact assessment shows that emissions from aviation will continue to grow in the future. As the European Commission mentions in the Proposal,” if this continues, there is a risk that growth in the Community's share of international aviation emissions could by 2012 offset more than a quarter of the environmental benefits of the reductions required by the Community's target under the Kyoto Protocol.” Given this, the Commission should monitor the progress achieved with this Proposal in reversing.

Amendment 7

RECITAL 11

(11) From 2011, emissions from flights between airports in the Community should be included in the Community scheme. From 2012, emissions from all flights arriving at and departing from Community airports should be included. The Community scheme can thereby serve as a model for the expansion of the scheme worldwide. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude flights arriving in the Community from that country.

(11) From 2012, emissions from all flights arriving at and departing from Community airports should be included. If a third country adopts measures for reducing the climate impact of flights to a Community airport departing from that country which are at least equivalent to the requirements of this Directive, the scope of the Community scheme should be amended to exclude the flights from that country, provided that equal treatment for the European airlines, and the airlines of the third country in question, is guaranteed.

Justification

The European Parliament decided in 2006 that the emissions trading scheme must be introduced on the same date for European airlines and third-country airlines. This date should be 2012 since on the one hand it will enable the introduction of the measure to proceed smoothly in the European Union and on the other hand it will afford a good opportunity for third countries to introduce equivalent schemes by that date. In consequence, the scope of the Community scheme should be changed. Account should be taken of the decisions which the ICAO is expected to take at its conference in September 2007.

Amendment 8

RECITAL 12

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of aviation currently is two to four times higher than the effect of its past carbon dioxide emissions alone. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Pending scientific progress to identify suitable metrics for comparing the different impacts, a pragmatic and precautionary approach is required. Emissions of nitrogen oxides will be addressed in other legislation to be presented by the Commission.

(12) Aviation has an impact on the global climate through releases of carbon dioxide, nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental Panel on Climate Change has estimated that the total impact of all emissions from a sector currently is higher than the effect of its past carbon dioxide emissions alone and has recommended not using a factor to quantify these effects. Recent Community research indicates that the total impact of aviation could be around two times higher than the impact of carbon dioxide alone. However, none of these estimates takes into account the highly uncertain cirrus cloud effects. In accordance with Article 174(2) of the Treaty, Community environment policy must be based on the precautionary principle and therefore all impacts of aviation should be addressed to the extent possible. Pending scientific progress to identify suitable metrics for comparing the different impacts, a pragmatic and precautionary approach is required. Emissions of nitrogen oxides will be addressed in other legislation to be presented by the Commission.

Justification

Aviation should be treated in the same way as other sectors and the latest report of the Intergovernmental Panel from 2007 should be taken into account.

Amendment 9

RECITAL 13

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified. To ensure access to the market for new aircraft operators, a proportion of allowances will be allocated by auction in accordance with rules to be developed by the Commission. Aircraft operators that cease operations should continue to be issued with allowances until the end of the period for which free allowances have already been allocated.

(13) In order to avoid distortions of competition, a harmonised allocation methodology should be specified, meaning specifically the proportion of allowances allocated for free, the proportion subject to auction and the proportion to be kept as a reserve. To ensure access to the market for new aircraft operators, a proportion of allowances will not be allocated, but kept as a reserve, in accordance with rules to be developed by the Commission. Aircraft operators that cease operations before the end of the period for which free allowances have already been allocated should surrender their unused allowances, which should also be kept in reserve.

Justification

More precise wording. It is the first occurrence of the terms "auction" and "reserve", ensuring a more comprehensive lecture of the following recitals. The method of the reserve is in use in many Member States, therefore there is no reason for not being used for the aviation sector. Unused allowances from aircraft operators ceasing activities could be also used for ensuring access on the market for new comers.

Amendment 10

RECITAL 13 A (new)

 

(13a) The aviation industry's contribution to the global reduction in CO2 emissions requiress an effort similar to that required of other comparable sectors in the Member States. For each commitment period under the EU scheme in which aviation is to be included, and on the basis of the reference period used for aviation during the commitment period concerned, the target assigned to aviation should be set on the basis of the average effort required of all stationary source sectors in each Member State.

Justification

The effort made by each sector is measured by the ratio between its needs for the commitment period and the target assigned to it. It is not represented by the level reached by the sector in question at a given date. The objectives set for aviation must be somewhere in the vicinity of the average for all the sectors in all states and its value will depend on the reference period chosen for the commitment period in question. That is why the threshold percentages should be reviewed for each commitment period.

Amendment 11

RECITAL 18

(18) The European Organisation for the Safety of Air Navigation (Eurocontrol), may possess information which could assist Member States or the Commission in discharging their obligations under this Directive.

(18) Dedicated organisations may possess air traffic information which could assist Member States or the Commission in discharging their obligations under this Directive.

Justification

Eurocontrol is able to provide air traffic information to Member States, but it is not the only one body capable of doing so. Fro example, civil aviation administrations receive air traffic information from airports and pass it on to the ICAO. No organisation can exempt a Member State from its obligations. No organisation other than the aircraft operators has information on emissions.

Amendment 12

RECITAL 21

(21) In particular power should be conferred on the Commission to adopt measures for the auctioning of allowances not required to be issued for free and to amend the aviation activities listed in Annex I where a third country introduces measures to reduce the climate change impact of aviation. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement this Directive by the addition or modification of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

(21) In particular power should be conferred on the Commission to adopt measures for the auctioning of allowances not required to be issued for free, to establish the rules for the allocation of allowances from the European reserve for new aircraft operators and to amend the aviation activities listed in Annex I where a third country introduces measures to reduce the climate change impact of aviation. Since those measures are of general scope and are designed to amend non-essential elements of this Directive and to supplement this Directive by the addition or modification of new non-essential elements, they should be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Justification

More precise wording, in accordance to the amendment at the recital 13.

Amendment 13

ARTICLE (1), POINT 2, POINT (B)

Article 3, point o) (Directive 2003/87/EC)

(o) 'aircraft operator' means the person who operates an aircraft at the time it performs an aviation activity listed in Annex I or, where the operator is not known or is not identified by the owner of the aircraft, the owner of the aircraft;

(o) 'aircraft operator' means the person or body identified by its ICAO code which operates an aircraft at the time it performs an aviation activity listed in Annex I or, where the ICAO code is not known, the holder of the Air Operator's Certificate (AOC) or the owner of the aircraft;

Justification

Details of the aircraft operator alone do not serve to identify a person or a body.

Amendment 14

ARTICLE 1, POINT 2, POINT (B)
Article 3, point (r) (Directive 2003/87/EC)

(r) 'historical aviation emissions' means the mean average of the annual emissions in the calendar years 2004, 2005 and 2006 from aircraft performing an aviation activity listed in Annex I.”

(r) 'historical aviation emissions' means the mean average of the annual emissions in the calendar years 2007, 2008 and 2009 from aircraft performing an aviation activity listed in Annex I.”

Justification

The years 2007 to 2009 should be taken as the reference period, firstly to provide a realistic and recent basis, especially for the new Member States, for the initial introduction of emissions trading, and secondly to guarantee a harmonised and verifiable set of data as a basis.

Amendment 15

ARTICLE 1, POINT 3
Article 3 b, paragraph 1 (Directive 2003/87/EC)

1. For the period from 1 January 2011 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the sum of the historical aviation emissions in relation to each year.

1. For the period from 1 January 2012 to 31 December 2012, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 110 % of the sum of the historical aviation emissions in relation to each year.

Justification

The higher percentage in paragraph 1 should allow a moderate increase in air traffic without additional costs, to the benefit of citizens' mobility, freight transport and tourism.

Amendment 16

ARTICLE 1, POINT 3
Article 3 b, paragraph 2 (Directive 2003/87/EC)

2. For the period referred to in Article 11(2) beginning on 1 January 2013, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 100% of the historical aviation emissions multiplied by the number of years in the period.

2. For the period referred to in Article 11(2) beginning on 1 January 2013, and for each subsequent period, the total quantity of allowances to be allocated to aircraft operators shall be equivalent to 110 % of the historical aviation emissions multiplied by the number of years in the period.

Justification

The higher percentage in paragraph 2 should allow a moderate increase in air traffic without additional costs, to the benefit of citizens' mobility, freight transport and tourism.

Amendment 17

ARTICLE 1, POINT 3

Article 3 b, paragraph 3 a (new) (Directive 2003/87/EC)

 

3a. For the period referred to in Article 11(2) and in each subsequent period, a reserve shall be set up to provide access to allowances for new market participants. The size of the reserve shall be based on the expected number of new aircraft operators and the expected tonne-kilometres, multiplied by both the benchmark and the number of years in the period.

Justification

A reserve established on an EU-wide basis should be available for new airlines or for those increasing their capacity.

Amendment 18

ARTICLE 1, POINT 3
Article 3 c, paragraph 1 (Directive 2003/87/EC)

1. In the period referred to in Article 3b(1), a percentage of allowances shall be auctioned. The percentage shall correspond to the average percentage proposed by the Member States including auctioning in their national allocation plans under Chapter III for the relevant period.

1. In the period referred to in Article 3b(1), a percentage of 20 % of the allowances shall be auctioned. The other allowances shall be allocated free of charge.

Justification

The percentage of allocations to be auctioned should be clearly defined at the outset for all concerned. Since the auctioning of allowances is essentially intended to facilitate market access for new aircraft operators, the percentage should be fixed at 20 per cent.

Amendment 19

ARTICLE 1, POINT 3
Article 3 c, paragraph 2 (Directive 2003/87/EC)

2. For future periods, the percentage to be auctioned shall take into account the general review of this Directive.

22. For future periods, the percentage to be auctioned referred to in paragraph 1 may be amended in the general review of this Directive.

Justification

The percentage of allocations to be auctioned may be amended in the general review of this Directive, but does not have to be.

Amendment 20

ARTICLE 1, POINT 3
Article 3 c, paragraph 3, subparagraph 1 (Directive 2003/87/EC)

3. The Commission shall adopt a Regulation containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge in accordance with paragraphs 1 and 2. The number of allowances to be auctioned in each period by each Member State shall be proportionate to its share of the total attributed aviation emissions for all Member States for the reference year reported pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred to in Article 3b(1), the reference year shall be 2010 and for each subsequent period referred to in Article 3b the reference year shall be the calendar year ending 24 months before the start of the period to which the auction relates.

3. The Commission shall adopt a Regulation containing detailed provisions for the auctioning by Member States of allowances not required to be issued free of charge.

Justification

See justification for the amendments to Article 3c, paragraphs 1 and 2

Amendment 21

ARTICLE 1, POINT 3

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

 

3a. The Regulation shall also contain detailed provisions for the setting up of the European allowance reserve. The percentage of allowances to be kept as a reserve for the benefit of potential new aircraft operators in each period shall be established by the Commission taking into account the market prediction studies issued by the appropriate bodies.

Justification

In accordance to the modification suggested by the amendment to the recital 13 and passim.

Amendment 22

ARTICLE 1, POINT 3

Article 3 c, paragraph 4 (Directive 2003/87/EC)

4. Revenues generated from the auctioning of allowances in accordance with paragraph 3 shall be used to mitigate greenhouse gas emissions, to adapt to the impacts of climate change, to fund research and development for mitigation and adaptation, and to cover the costs of the administering Member State in relation to this Directive. Member States shall inform the Commission of measures taken pursuant to this paragraph.

4. Revenues generated from the auctioning of allowances in accordance with paragraph 3 shall be used through a new EU budget line specifically to fund research and development, to mitigate greenhouse gas emissions and to counter the negative impacts of climate change, focusing particularly on those parts of the world which are most adversely effected by global warming – particularly in Africa and in the less developed countries more generally.

Justification

Auction revenue should as much as possible be used to mitigate C02 emissions and especially to help combat the negative effect on those parts of the world who are facing the greatest impact.

Amendment 23

ARTICLE 1, POINT 3

Article 3 d, paragraph 3, point (c a) (new) (Directive 2003/87/EC)

 

(ca) the percentage of allowances for the setting up of the European reserve for new aircraft operators, for each period, as referred to in Article 3b.

Justification

In accordance to the modification suggested by the amendments to the recital 13, and passim.

Amendment 24

ARTICLE 1, POINT 3
Article 3d, paragraph 5 (Directive 2003/87/EC)

5. By 28 February 2011 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

5. By 28 February 2012 and by 28 February in each subsequent year, the competent authority of the administering Member State shall issue to each aircraft operator the number of allowances allocated to that aircraft operator for that year.

Justification

Adaptation to the amendment in Article 3b

Amendment 25

ARTICLE 1, POINT 6
Article 11a, paragraph 1a, subparagraph 1 (Directive 2003/87/EC)

“1a. Subject to paragraph 3, during each period referred to in Article 3b, Member States shall allow each aircraft operator to use CERs and ERUs from project activities up to a percentage of the number of allowances it is required to surrender pursuant to Article 12(2a); this percentage being the average of the percentages specified by Member States for the period in accordance with paragraph 1.

“1a. Subject to paragraph 3, during each period referred to in Article 3b, Member States shall allow each aircraft operator to use CERs and ERUs from project activities up to a percentage of the number of allowances it is required to surrender pursuant to Article 12(2a); this percentage being double the average of the percentages specified by Member States for the period in accordance with paragraph 1.

Justification

Adaptation to the special circumstances applying to aviation

Amendment 26

ARTICLE 1, POINT 10
Article 14, paragraph 3, point (ii) (Directive 2003/87/EC)

(ii) the words “from that installation during each calendar year” are replaced by “during each calendar year from the installation, or, from 1 January 2010, the aircraft, which it operates”.

(ii) the words “from that installation during each calendar year” are replaced by “during each calendar year from the installation, or, from 1 January 2011, the aircraft, which it operates”.

Justification

Adaptation to the amendment in Article 3b

Amendment 27

ARTICLE 1, POINT 13
Article 18a, paragraph 3 (Directive 2003/87/EC)

3. For the purposes of paragraph 1, 'base year' means, in relation to an operator which started operating in the Community after 1 January 2006, the first calendar year of operation; and in all other cases, the calendar year starting on 1 January 2006.

3. For the purposes of paragraph 1, 'base year' means, in relation to an operator which started operating in the Community after 1 January 2008, the first calendar year of operation; and in all other cases, the calendar year starting on 1 January 2008.

Justification

Adaptation to the amendment in Article 3, subparagraph (b), point (r) and in Article 3b

Amendment 28

ARTICLE 1, POINT 13

Article 18 b (Directive 2003/87/EC)

For the purposes of carrying out its obligations under Articles 3b(4) and 18a, the Commission may request the assistance of Eurocontrol and may conclude to that effect any appropriate agreements with that organisation."

For the purposes of carrying out its obligations under Articles 3b(4) and 18a, the Commission may request the assistance of Eurocontrol and shall designate a neutral organisation to which airlines will supply data directly."

Justification

The airlines would prefer to supply the data concerning flights and consumption themselves; assistance by Eurocontrol is regarded as worthwhile in this connection.

Amendment 29

ARTICLE 1, POINT 16
Article 25a, paragraph 1, subparagraph 1 (Directive 2003/87/EC)

Where a third country adopts measures for reducing the climate change impact of flights departing from that country which land in the Community which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive to provide for flights arriving from that country to be excluded from the aviation activities listed in Annex I with effect from the next period referred to in Article 3b.

Where a third country adopts measures for reducing the climate change impact of flights which are at least equivalent to the requirements of this Directive, the Commission shall amend this Directive in order to avoid double charging and to ensure equal treatment.

Justification

Where third countries introduce equivalent schemes, double charging must be avoided when the Directive is amended.

Amendment 30

ANNEX, POINT 1, POINT (B)
Annex I, paragraph 2a (new) (Directive 2003/87/EC)

For the year 2011 only flights which both depart from and arrive in an airport situated in the territory of a Member State to which the Treaty applies shall be included in the activity of aviation. From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included”.

“From 1 January 2012, all flights which arrive at or depart from an airport situated in the territory of a Member State to which the Treaty applies shall be included, with the exception of flights between an ultra-peripheral region and the European continental zone. For the purpose of equal treatment, air operators from the EU shall only be included if air operators from third countries providing air transport services in the given geographical area are also included.”

Justification

As the European Parliament already decided in 2006 by a large majority, the emissions trading scheme must be introduced on the same date for European airlines and third-country airlines, inter alia in order to avoid distortion of competition between airlines and airports. The choice of 2012 will on the one hand enable the introduction of the measure to proceed smoothly for all concerned in the European Union - particularly in the new EU Member States - and will on the other hand afford a realistic opportunity for third countries to introduce equivalent schemes by that date.

Amendment 31

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table - new Category (a) (Directive 2003/87/EC)

(a) flights performed exclusively for the transport, on official mission, of a reigning Monarch and his immediate family, Heads of State, Heads of Government and Government Ministers where this is substantiated by an appropriate status indicator in the flight plan;

deleted

Justification

There is no apparent justification for special treatment of flights by Heads of State or Government, etc.

Amendment 32

ANNEX, POINT 1, POINT (C)

Annex I, paragraph 2 b (new), table point (b) (Directive 2003/87/EC)

(b) military flights performed by military aircraft and customs and police flights and search and rescue flights authorised by the appropriate competent authority;

(b) aircraft used in military, customs and police services, search and rescue and medical and disaster relief authorised by the appropriate competent authority;

Justification

This would ensure that the exemption covers aircraft chartered for use by the military and also in disaster relief.

Amendment 33

ANNEX, POINT 1, POINT (C)

Annex I, table, point (c) (Directive 2003/87/EC)

c) any flights performed exclusively under visual flight rules as defined in Annex 2 to the Convention on International Civil Aviation 1944

deleted

Justification

Giving exemption of flights performed under visual flight rules could encourage operations of this kind to the detriment of air safety. The existing exemption for light aircraft already covers most of the flights performed under visual flight rules.

Amendment 34

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table - new Category (e) (Directive 2003/87/EC)

(e) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo or for the positioning or ferrying of the aircraft;

(e) training flights performed exclusively for the purpose of obtaining a licence, or a rating in the case of cockpit flight crew where this is substantiated by an appropriate remark in the flight plan provided that the flight does not serve for the transport of passengers and/or cargo;

Justification

Positioning and ferrying of aircraft should be equated with training flights.

Amendment 35

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table - new Category (f) (Directive 2003/87/EC)

(f) flights performed exclusively for the purpose of checking or testing equipment used or intended to be used as ground aids to air navigation excluding positioning flights by the aircraft concerned; and

(f) flights performed exclusively for the purpose of checking, testing or certifying aircraft or ground equipment, and ferrying new aircraft; and

Justification

Such flights should be equated with the flights referred to at (d) and (e).

Amendment 36

ANNEX, POINT 1, POINT (C)
Annex I, paragraph 2, table - new Category (g) (Directive 2003/87/EC)

(g) flights performed by aircraft with a certified maximum take-off weight of less than 5 700kg.

(g) flights performed by aircraft with a certified maximum take-off weight of less than 20 000 kg.

Justification

The threshold value should be increased to revert to the value originally planned by the Commission, since such aircraft produce less than 1% of aviation emissions and since their inclusion in the emissions trading scheme would cause a disproportionately heavy administrative burden for these small aircraft operators.

Amendment 37

ANNEX, POINT 2, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph 1 (Directive 2003/87/EC)

For the purpose of applying for an allocation of allowances in accordance with Article 3d(1), the amount of aviation activity shall be calculated in tonne-kilometres using the following formula:

For the purpose of applying for an allocation of allowances in accordance with Article 3d(1), the amount of aviation activity shall be calculated in available tonne-kilometres using the following formula:

Justification

In order to maintain and strengthen territorial cohesion in the European Union, the basis for the calculation model should not be the aircraft payload ('revenue tonne kilometre - RTK') but the aircraft capacity ('available tonne kilometre - ATK'). There would otherwise be a risk that in particular air services to remote areas, islands and outermost regions will be disproportionately burdened. The same is true of short- and medium-haul flights within the EU.

Amendment 38

ANNEX, POIN T 2, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph 2 (Directive 2003/87/EC)

tonne kilometres = distance x payload

available tonne kilometres = distance x payload

Justification

In order to maintain and strengthen territorial cohesion in the European Union, the basis for the calculation model should not be the aircraft payload ('revenue tonne kilometre - RTK') but the aircraft capacity ('available tonne kilometre - ATK'). There would otherwise be a risk that in particular air services to remote areas, islands and outermost regions will be disproportionately burdened. The same is true of short- and medium-haul flights within the EU.

Amendment 39

ANNEX, POINT 2, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph 5 (Directive 2003/87/EC)

"payload" means the total mass of freight, mail and passengers carried.

"payload" means the total mass of freight, mail and passengers which an aircraft is capable of carrying.

Justification

In order to maintain and strengthen territorial cohesion in the European Union, the basis for the calculation model should not be the aircraft payload ('revenue tonne kilometre - RTK') but the aircraft capacity ('available tonne kilometre - ATK'). There would otherwise be a risk that in particular air services to remote areas, islands and outermost regions will be disproportionately burdened. The same is true of short- and medium-haul flights within the EU.

Amendment 40

ANNEX, POINT 1, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph 6, indent 1 (Directive 2003/87/EC)

– the number of passengers shall be the number of persons onboard excluding crew members;

– the number of passengers shall be the number of seats onboard excluding crew members;

Justification

In order to maintain and strengthen territorial cohesion in the European Union, the basis for the calculation model should not be the aircraft payload ('revenue tonne kilometre - RTK') but the aircraft capacity ('available tonne kilometre - ATK'). There would otherwise be a risk that in particular air services to remote areas, islands and outermost regions will be disproportionately burdened. The same is true of short- and medium-haul flights within the EU.

Amendment 41

ANNEX, POINT 2, POINT (B)
Annex IV, Part B, section 'Reporting of tonne-kilometre data for the purpose of Article 3d', paragraph B, indent 1 (Directive 2003/87/EC)

– Number of flights by airport pair;

deleted

Justification

Reporting requirements should be limited to those which are objectively necessary.

Amendment 42

ANNEX, POINT 2, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph B, indent 2 (Directive 2003/87/EC)

– Number of passenger-kilometres by airport pair;

deleted

Justification

Reporting requirements should be limited to those which are objectively necessary.

Amendment 43

ANNEX, POINT 2, POINT (B)
Annex IV, Part B, section 'Monitoring of tonne-kilometre data for the purpose of Article 3d', paragraph B, indent 3 (Directive 2003/87/EC)

– Number of tonne-kilometres by airport pair;

deleted

Justification

Reporting requirements should be limited to those which are objectively necessary.

Amendment 44

ANNEX, POINT 3, POINT (B)
Annex V, Part B, section 'Additional provisions for the verification of aviation emission reports', paragraph 14, subparagraph 2 (new) (Directive 2003/87/EC)

*

(2) Community Institutions and the Member States shall ensure that the methods to be used by verifiers are harmonised before the Directive is applied, and that they are applied uniformly in practice.

Justification

The work of the national verifiers should be carried out uniformly, inter alia in order to avoid distortion of competition between airlines.

Amendment 45

ANNEX, POINT 3, POINT (B)
Annex V, Part B, section 'Additional provisions for the verification of tonne-kilometre data submitted for the purposes of Article 3d(1)', paragraph 17 (new) (Directive 2003/87/EC)

 

(17) Community Institutions and the Member States shall ensure that the methods to be used by verifiers are harmonised before the Directive is applied, and that they are applied uniformly in practice.

Justification

The work of the national verifiers should be carried out uniformly, inter alia in order to avoid distortion of competition between airlines.

PROCEDURE

Title

Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

References

COM(2006)0818 - C6-0011/2007 - 2006/0304(COD)

Committee responsible

ENVI

Opinion by

       Date announced in plenary

TRAN

1.2.2007

 

 

 

Enhanced cooperation - date announced in plenary

24.5.2007

 

 

 

Drafts(wo)man

       Date appointed

Georg Jarzembowski

31.1.2007

 

 

Discussed in committee

5.6.2007

27.6.2007

27.8.2007

27.8.2007

 

11.9.2007

 

 

 

Date adopted

11.9.2007

 

 

 

Result of final vote

+:

–:

0:

25

5

11

Members present for the final vote

Michael Cramer, Luis de Grandes Pascual, Arūnas Degutis, Christine De Veyrac, Petr Duchoň, Saïd El Khadraoui, Robert Evans, Georg Jarzembowski, Stanisław Jałowiecki, Timothy Kirkhope, Dieter-Lebrecht Koch, Jaromír Kohlíček, Sepp Kusstatscher, Bogusław Liberadzki, Eva Lichtenberger, Marian-Jean Marinescu, Robert Navarro, Josu Ortuondo Larrea, Paweł Bartłomiej Piskorski, Luís Queiró, Reinhard Rack, Luca Romagnoli, Gilles Savary, Brian Simpson, Renate Sommer, Dirk Sterckx, Silvia-Adriana Ţicău, Yannick Vaugrenard, Lars Wohlin, Roberts Zīle

Substitute(s) present for the final vote

Zsolt László Becsey, Johannes Blokland, Jeanine Hennis-Plasschaert, Elisabeth Jeggle, Anne E. Jensen, Antonio López-Istúriz White, Helmuth Markov, Willem Schuth, Catherine Stihler, Ari Vatanen

Substitute(s) under Rule 178(2) present for the final vote

Ralf Walter

  • [1]  OJ C ... /Not yet published in OJ.

PROCEDURE

Title

Amendment of Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community

References

COM(2006)0818 - C6-0011/2007 - 2006/0304(COD)

Date submitted to Parliament

20.12.2006

Committee responsible

       Date announced in plenary

ENVI

1.2.2007

Committee(s) asked for opinion(s)

       Date announced in plenary

ECON

1.2.2007

ITRE

1.2.2007

IMCO

1.2.2007

TRAN

1.2.2007

Not delivering opinions

       Date of decision

IMCO

1.3.2007

 

 

 

Enhanced cooperation

       Date announced in plenary

TRAN

24.5.2007

 

 

 

Rapporteur(s)

       Date appointed

Peter Liese

14.3.2007

 

 

Discussed in committee

2.5.2007

25.6.2007

 

 

Date adopted

2.10.2007

 

 

 

Result of final vote

+:

–:

0:

54

1

0

Members present for the final vote

Adamos Adamou, Liam Aylward, Pilar Ayuso, Johannes Blokland, John Bowis, Frieda Brepoels, Hiltrud Breyer, Martin Callanan, Dorette Corbey, Chris Davies, Avril Doyle, Mojca Drčar Murko, Edite Estrela, Jill Evans, Anne Ferreira, Matthias Groote, Satu Hassi, Gyula Hegyi, Jens Holm, Marie Anne Isler Béguin, Caroline Jackson, Eija-Riitta Korhola, Holger Krahmer, Urszula Krupa, Peter Liese, Linda McAvan, Roberto Musacchio, Riitta Myller, Péter Olajos, Miroslav Ouzký, Vladko Todorov Panayotov, Vittorio Prodi, Guido Sacconi, Amalia Sartori, Karin Scheele, Richard Seeber, Kathy Sinnott, Bogusław Sonik, María Sornosa Martínez, Antonios Trakatellis, Evangelia Tzampazi, Thomas Ulmer, Anja Weisgerber, Anders Wijkman, Glenis Willmott

Substitute(s) present for the final vote

Iles Braghetto, Philip Bushill-Matthews, Milan Gaľa, Umberto Guidoni, Karin Jöns, Caroline Lucas, Miroslav Mikolášik, Eluned Morgan, Renate Sommer, Bart Staes, Lambert van Nistelrooij

Substitute(s) under Rule 178(2) present for the final vote

Pier Antonio Panzeri, Willi Piecyk