Procedure : 2021/0207(COD)
Document stages in plenary
Document selected : A9-0155/2022

Texts tabled :

A9-0155/2022

Debates :

PV 07/06/2022 - 2
CRE 07/06/2022 - 2

Votes :

PV 08/06/2022 - 10.7
CRE 08/06/2022 - 10.7

Texts adopted :

P9_TA(2022)0230

<Date>{20/05/2022}20.5.2022</Date>
<NoDocSe>A9-0155/2022</NoDocSe>
PDF 375kWORD 165k

<TitreType>REPORT</TitreType>     <RefProcLect>***I</RefProcLect>

<Titre>on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure</Titre>

<DocRef>(COM(2021)0552 – C9‑0319/2021 – 2021/0207(COD))</DocRef>


<Commission>{ENVI}Committee on the Environment, Public Health and Food Safety</Commission>

Rapporteur: <Depute>Sunčana Glavak</Depute>

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure

(COM(2021)0552 – C9‑0319/2021 – 2021/0207(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2021)0552),

 having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0319/2021),

 having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by Seanad Éireann, asserting that the draft legislative act does not comply with the principle of subsidiarity,

 having regard to the opinion of the European Economic and Social Committee of 8 December 2021[1],

 having regard to the opinion of the Committee of the Regions of 28 April 2022[2],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the opinion of the Committee on Industry, Research and Energy and the Committee on Transport and Tourism,

 having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0155/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

 


<RepeatBlock-Amend>

<Amend>Amendment  <NumAm>1</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 1</Article>

 

Text proposed by the Commission

Amendment

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. Aviation activities were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 .

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. Aviation activities related to flights departing from or arriving at an aerodrome in the Union were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11. The Court of Justice of the European Union ruled in its judgment of 21 December 20111a that the inclusion of aviation activities in the EU ETS pursuant to that Directive does not violate international law.

__________________

__________________

10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).

11 Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).

11 Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).

</Amend>

<Amend>Amendment  <NumAm>2</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(1a) In order to facilitate progress at ICAO level to establish a global framework for reductions of emissions from international aviation, the Union adopted a number of time-bound derogations, the so-called ‘stop-the-clock’ derogations, which excluded all extra-EU flights from the EU ETS. The last derogation, introduced by Regulation (EU) 2017/2392, applies until 2023.

</Amend>

<Amend>Amendment  <NumAm>3</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 2</Article>

 

Text proposed by the Commission

Amendment

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation.

(2) Protection of the environment is one of the most important challenges facing the Union and the rest of the world. The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12. The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels, inter alia reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference (COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between 1,8°C and 2,4°C, the Parties agreed in their conclusions of COP 26 that keeping the increase in the global average temperature to 1,5°C above pre-industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 in order to accelerate climate action in this critical decade and to ensure that Parties are on track to limit global warming to 1,5 °C. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation.

__________________

__________________

12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

</Amend>

<Amend>Amendment  <NumAm>4</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 2 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(2a) Aviation accounts for 2-3 % of global CO2 emissions. In the Union, CO2 emissions from aviation account for 3,7 % of total CO2 emissions. The aviation sector generates 15,7 % of the emissions, not accounting for non-CO2 emissions, from transport, making it the second biggest source of transport greenhouse gas emissions after road transport. In 2018, Eurocontrol projected an annual increase in European aviation emissions of 53% by 2040 compared to 2017. The need for action to reduce emissions is becoming increasingly urgent, as stated by the Intergovernmental Panel on Climate Change (IPCC), in its latest reports of 7 August 2021 entitled 'Climate change 2021: The Physical Science Basis' and of 28 February 2022 entitled 'Climate Change 2022: Impacts, Adaptation and Vulnerability'. The IPCC stated, with very high confidence, that climate change is a threat to human well-being and planetary health, and any further delay in concerted anticipatory global action on adaptation and mitigation will miss a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all. It provides new estimates of the chances of crossing the global warming level of 1,5°C in the coming decades, and finds that unless there are immediate, rapid and large-scale reductions in greenhouse gas emissions, limiting warming to close to 1,5°C or even 2°C will be beyond reach. The Union should therefore address this urgency by stepping up its efforts and establishing itself as an international leader in the fight against climate change.

</Amend>

<Amend>Amendment  <NumAm>5</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 2 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

</Amend>

<Amend>Amendment  <NumAm>6</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 3</Article>

 

Text proposed by the Commission

Amendment

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 .

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States implement CORSIA from the start of the pilot phase 2021-202313.

__________________

__________________

13 Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

13 Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

</Amend>

<AmendB>Amendment  <NumAmB>7</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 6</Article>

 

Text proposed by the Commission

Amendment

(6) The Union undertook to reduce its economy-wide net greenhouse gas emissions by at least 55 % below 1990 levels by 2030 in the updated nationally determined reduction commitment of the Union and its Member States submitted to the UNFCCC Secretariat on 17 December 202016.

(6) The Union undertook to reduce its economy-wide net greenhouse gas emissions by at least 55 % below 1990 levels by 2030 in the updated nationally determined reduction contributions of the Union and its Member States submitted to the UNFCCC Secretariat on 17 December 202016.

__________________

__________________

16 https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/European%20Union%20First/EU_NDC_Submission_December%202020.pdf

16 https://www4.unfccc.int/sites/ndcstaging/PublishedDocuments/European%20Union%20First/EU_NDC_Submission_December%202020.pdf

</AmendB>

<Amend>Amendment  <NumAm>8</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 7</Article>

 

Text proposed by the Commission

Amendment

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030.

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest, and the aim of achieving negative emissions thereafter as laid down in Article 2(1) of Regulation (EU) 2021/1119 of the European Parliament and of the Council17. That Regulation also establishes in Article 4(1) a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030.

__________________

__________________

17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

</Amend>

<Amend>Amendment  <NumAm>9</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 8</Article>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>10</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 8 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(8a) In addition to CO2, aviation affects the climate through non-CO2 emissions such as water vapour (H2O), oxides of nitrogen (NOx), sulphur dioxide (SO2) and soot particles, as well as through atmospheric processes caused by such emissions, for example the formation of ozone and contrail cirrus. The climate impact of such non-CO2 emissions depends on the type of fuel and engines used, on the location of the emissions, in particular the cruise altitude of the aircraft, and its position in terms of latitude and longitude, as well as the time of the emissions and the weather conditions at that time. The Commission’s Impact Assessment of 2006 on the inclusion of aviation in the EU greenhouse gas Emissions Trading Scheme (EU ETS), Directive 2008/101/EC recognised that aviation has an impact on the global climate through the release of non-CO2 emissions. Article 30(4) of Directive 2003/87/EC, as amended by Directive (EU) 2018/410 of the European Parliament and of the Council, required the Commission to present an updated analysis of the non-CO2 effects of aviation, accompanied, where appropriate, by a proposal on how best to address those effects, before 1 January 2020. To fulfil that requirement, the European Union Aviation Safety Agency (EASA) conducted an updated analysis of the non-CO2 effects of aviation on climate change and published its study on 23 November 2020. The findings of the study confirmed what had been previously estimated, namely that the significance of non-CO2 climate impacts from aviation activities are at least as important in total as those of CO2 alone.

</Amend>

<Amend>Amendment  <NumAm>11</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 8 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(8b) It follows from the findings of the EASA’s study of 23 November 2020 that non-CO2 aviation emissions, in line with the precautionary principal, can no longer be ignored. Union regulatory measures are needed to achieve reductions of emissions in line with the Paris Agreement. Therefore, the Commission should set up a monitoring, reporting and verification scheme for non-CO2 aviation emissions. Building on the results of this scheme the Commission should, no later than 31 December 2026, based on an impact assessment, submit a legislative proposal containing mitigation measures for non-CO2 emissions, by expanding the scope of the EU ETS to cover such emissions. Until the adoption of a legislative proposal extending the scope of this Directive to cover non-CO2 emissions, starting from 31 December 2027, the CO2 emission factor for emissions from aviation activities shall be multiplied by 1,8 to account for non-CO2 aviation emissions, by 1,9 from 31 December 2028 and by 2,0 from 31 December 2029. The multiplier should not exceed 2,0.

</Amend>

<Amend>Amendment  <NumAm>12</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 9</Article>

 

Text proposed by the Commission

Amendment

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

(9) Aviation should contribute to the emission reduction efforts necessary for the Union’s objectives laid down in Article 1(2) of Regulation (EU) 2021/1119 and the Paris Agreement. Therefore, the total quantity of allowances for aviation should be consolidated and subject to the linear reduction factor.

</Amend>

<Amend>Amendment  <NumAm>13</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10</Article>

 

Text proposed by the Commission

Amendment

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

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition, which should also be part of the just transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. An increase in auction revenues is envisaged within the aviation sector due to the phasing-out of free allowances and the application of the EU ETS to cover flights departing from the EEA to a third country. A part of the revenues from auctioning the aviation allowances should be allocated to the aviation sector through the Climate Investment Fund to support innovations to reduce the climate and environmental impacts of the aviation sector. 15 % of revenues generated from the auctioning of allowances for emissions from flights leaving the EEA should be allocated to the UNFCCC Climate Funds, to advance international action to mitigate the impact of climate change on the most vulnerable communities. The remaining revenues should be used by Member States for actions in accordance with Article 10(3), in particular actions that support social dialogue and a just transition, decarbonise the transport system and support long distance alternatives to aviation that have a lower climate impact.

</Amend>

<Amend>Amendment  <NumAm>14</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(10a) The transition of the aviation sector towards sustainable aviation should take into account the social dimension of the sector and its competitiveness, to ensure that this transition is socially just and provides training, re-skilling and up-skilling for workers. The Commission should present a report to the European Parliament and the Council on the application of this Directive and its impact on the internal market as regards the aviation sector, with a particular focus on the social impacts.

</Amend>

<AmendB>Amendment  <NumAmB>15</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

<TitreJust>Justification</TitreJust>

McKinsey & Company. 2020. Hydrogen-powered aviation: A fact-based study of hydrogen technology, economics, and climate impact by 2050.

</AmendB>

<Amend>Amendment  <NumAm>16</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 11</Article>

 

Text proposed by the Commission

Amendment

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

(11) In accordance with Article 28b(3) of Directive 2003/87/EC, the Union is to assess the ICAO’s CORSIA scheme and implement it as appropriate, and in a manner that is consistent with the Union’s economy-wide emission reduction commitment under Regulation (EU) 2021/1119 of the European Parliament and of the Council and the Paris Agreement.

</Amend>

<Amend>Amendment  <NumAm>17</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 11 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(11a) The EU ETS has proven to be an effective tool for reducing emissions through a pre-defined path and thus at the same time incentivising innovation and frontrunners when it comes to efficient emissions reductions, while CORSIA is a mechanism that compensates for emissions through offsets. In terms of its effectiveness, the Commission’s assessment of “ICAO’s global market-based measure (CORSIA) pursuant to Article 28b and for studying cost pass-through pursuant to Article 3d of the EU ETS Directive” has shown that CORSIA's level of ambition for the international aviation sector is not in line with the global level of ambition required to keep within the temperature goals of the Paris Agreement. To ensure ambitious greenhouse gas emissions reductions in the aviation sector in line with the Paris Agreement, and to contribute to an international level playing field, while ensuring equal treatment on routes, from the 30 April [after the entry into force of this Directive +1] the EU ETS should apply to all departing flights from an aerodrome located in the EEA. The Union maintains its commitment to the CORSIA scheme. In order to take account of the Union’s commitment to, and its simultaneous participation in, CORSIA, the financial value of expenditure on credits used for CORSIA for flights from the EEA to third countries that are implementing CORSIA should be deductible from the financial obligations under the EU ETS.

</Amend>

<Amend>Amendment  <NumAm>18</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 12</Article>

 

Text proposed by the Commission

Amendment

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

(12) The total quantity of allowances for aviation should be consolidated at the level of allocation for flights covered in accordance with this Directive. The allocation for the year 2024 should be based on the total allocation to active aircraft operators in year 2023, reduced by the linear reduction factor as specified in Article 9 of Directive 2003/87/EC. The level of allocation should be increased to take into account the routes that were not covered by the EU ETS in the year 2023 but are covered by the EU ETS from year 2024 onwards.

</Amend>

<Amend>Amendment  <NumAm>19</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 13</Article>

 

Text proposed by the Commission

Amendment

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

(13) Increased auctioning from the year after the entry into force of this amendment to Directive 2003/87/EC should be the rule for the aviation sector allocation of allowances, leading to a phasing-out of free-allowances by 2025, taking into account the sector’s ability to pass on the increased cost of CO2.

</Amend>

<Amend>Amendment  <NumAm>20</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 13 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(13b) The EU ETS Directive should contribute to incentivising the decarbonisation of air transport. The transition from the use of fossil fuels to the increasing use of sustainable aviation fuels, especially synthetic aviation fuels, would play a role in achieving such decarbonisation. However, considering the high level of competition between aircraft operators, the developing EU market for sustainable aviation fuels, and the important price differential between fossil kerosene and sustainable aviation fuels, that transition should be supported by incentivising early movers. Therefore, during the period from 1 January 2024 until 31 December 2029 allowances should be allocated in the same manner as a contract for difference, covering the remaining price differential between fossil kerosene and sustainable aviation fuels for individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported under Regulation xxxx/xxxx [ReFuelEU Regulation]1a, in order to incentivise early movers and to support the creation of a Union market for sustainable aviation fuels. 20 million allowances should be reserved from the 1 January 2024 until 31 December 2029, and an additional 20 million allowances should be reserved when flights departing from the EEA to third countries are part of the EU ETS scope for the same time period. Those allowances should come from the pool of total allowances available and should be used only for flights covered by the EU ETS and in a non-discriminatory manner. The Commission should ensure that 70% of those allowances are allocated specifically for the use of synthetic aviation fuels, with priority to be given to renewable fuels of non-biological origin (RFNBO’s). The Commission should account appropriately for the CO2 emissions from fossil fuels, and should rate RFNBOs as producing zero emissions for the aircraft operators using them. Following an evaluation and an impact assessment the Commission could decide to present a legislative proposal to allocate a capped and time-limited amount of allowances, which should not go beyond 31 December 2034.

__________________

__________________

 

1a [add ref to the ReFuelEU Regulation].

</Amend>

<Amend>Amendment  <NumAm>21</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 14</Article>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>22</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 15</Article>

 

Text proposed by the Commission

Amendment

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 .

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18. Furthermore, in order to ensure transparency of data, aircraft operators should report in a user-friendly manner their emissions and offsetting under Article 14(3a) of this Directive.

__________________

__________________

18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

</Amend>

<Amend>Amendment  <NumAm>23</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 17 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(17a) At the forthcoming ICAO triennial assembly scheduled for September 2022, Member States should make their utmost efforts to reach an agreement with their counterparts on a progressive yearly reduction of the established baseline 2019-2020 for the period after 2023, so as to ensure a gradual alignment with the linear factor applied to the EU ETS, also beyond 2035, in a manner that is consistent with the Union’s climate neutrality target for 2050 at the latest.

</Amend>

<Amend>Amendment  <NumAm>24</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 18</Article>

 

Text proposed by the Commission

Amendment

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

(18) In order to ensure uniform conditions for listing countries which are considered to be applying CORSIA for the purposes of Directive 2003/87/EC pursuant to Article 25a(3) of that Directive, implementing powers should be conferred on the Commission to adopt and maintain the list of states other than EEA countries, Switzerland and the United Kingdom, which are considered to be participating in CORSIA for the purposes of Union law. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. Based on the information provided in that list and to increase transparency, accountability and accessibility in a user-friendly manner to information, the Commission should publish a list of aircraft operators which are not considered to be applying CORSIA for flights to and from third countries.

</Amend>

<Amend>Amendment  <NumAm>25</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 19</Article>

 

Text proposed by the Commission

Amendment

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

(19) To ensure that emissions are not accounted for twice and to take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021 to 2023 and set at the average 2019-2020 level for the following years, aircraft operators should be able to deduct the financial value of expenditure on credits used for CORSIA by them for flights covered in accordance with this Directive.

</Amend>

<Amend>Amendment  <NumAm>26</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 20 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(20a) To ensure that CORSIA leads to a single global offsetting scheme for tackling carbon emissions from aviation by the second and mandatory phase of the ICAO scheme in 2027, the Union has consistently argued in support of robust implementing rules and governance, and adequate participation in CORSIA’s voluntary and mandatory phases. In the event that that the Commission determines that CORSIA is insufficient as a measure to achieve the Union’s climate objectives and commitments under the Paris Agreement, the Commission should present a legislative proposal to end the temporary derogation for flights arriving at an aerodrome located in the EEA.

</Amend>

<Amend>Amendment  <NumAm>27</NumAm>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 20 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(20b) The Union should do its utmost to strengthen CORSIA’s provisions and support the adoption of a long-term goal to reduce global aviation emissions, while safeguarding the Union’s competence regarding Directive 2003/87/EC, as confirmed by the Court of Justice of the European Union1a.

 

__________________

 

1a Judgment of 21 December 2011, Air Transport Association of America and Others v Secretary of State for Energy and Climate Change, C-366/10, EU:C:2011:864.

</Amend>

<Amend>Amendment  <NumAm>28</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 20 c (new)</Article>

 

Text proposed by the Commission

Amendment

 

(20c) It is essential to ensure transparency of data and important that enforceability of CORSIA and public access to information linked to CORSIA is improved. Therefore aircraft operators should report in a user-friendly manner their emissions and offsetting in the process of assessing the impact of CORSIA on the global reduction of CO2 emissions and its role in achieving the goals of the Paris Agreement.

</Amend>

<Amend>Amendment  <NumAm>29</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 21</Article>

 

Text proposed by the Commission

Amendment

(21) Flights to and from Least Developed Countries and Small Island Developing States, as defined by the United Nations, not implementing CORSIA, other than those states whose GDP per capita equals or exceeds the Union average, should be exempt from EU ETS or CORSIA obligations without an end date for the exemption.

deleted

</Amend>

<Amend>Amendment  <NumAm>30</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 25</Article>

 

Text proposed by the Commission

Amendment

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State.

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation until 2027 from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State.

</Amend>

<Amend>Amendment  <NumAm>31</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 26 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(26a) A part of the revenues from the auctioning of aviation allowances as well as the revenue from penalties paid by aircraft operators in accordance with Article 16 of Directive 2003/87/EC should be allocated to the Climate Investment Fund to support innovation in the aviation sector aimed at mitigating climate change. In particular, projects related to the development, deployment and implementation of new technologies and designs aimed at reducing the total greenhouse gas emissions from the aviation sector, particularly in the area of sustainable aviation fuels as well as designs aimed at reducing the climate impact of the aviation sector, particularly operational, aeronautics, airframe, and break-through engine innovation, airport infrastructure and electric aircraft.

</Amend>

<Amend>Amendment  <NumAm>32</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 26 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

(26b) The Climate Investment Fund should support research, the development and deployment of decarbonisation solutions, including zero emission technologies and reduce the climate and environmental impacts of the aviation sector. It should, in particular, address the impacts of non-CO2 emissions through the deployment of monitoring and reporting technologies and improving operational solutions.

</Amend>

<AmendB>Amendment  <NumAmB>33</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 26 c (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

</AmendB>

<AmendB>Amendment  <NumAmB>34</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 27 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

</AmendB>

<Amend>Amendment  <NumAm>35</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point -1 (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3 – point u a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(-1) In Article 3, the following point is added:

 

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

</Amend>

<Amend>Amendment  <NumAm>36</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3c – paragraph 5 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

5a. 20 million of the total quantity of allowances referred to in paragraph 5 of this article for the period from 1 January 2024 until 31 December 2029, shall be reserved for allocation in the same manner as a contract for difference, covering the remaining price differential between fossil kerosene and sustainable aviation fuels in respect of aircraft operators that increase their use of sustainable aviation fuels, with priority to be given to renewable fuels of non-biological origin, foreseen based on the blending mandates referred to in Annex I to Regulation ...  [ReFuelEU Regulation]* or beyond and the price evolution of those fuels. 70% of those allowances shall be allocated specifically for increasing the use of synthetic aviation fuels, with priority to be given to renewable fuels of non-biological origin (RFNBO’s). In addition, 20 million allowances from the extra quantity of allowances that are issued because of the coverage of emissions on flights departing from an aerodrome located in the EEA to third countries as referred to in Article 3ea shall be reserved for allocation in the same manner as a contract for difference for the period until 31 December 2029.

 

__________________

 

*[add ref to the FuelEU Maritime Regulation].

</Amend>

<Amend>Amendment  <NumAm>37</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3c – paragraph 5 b (new)</Article2>

 

Text proposed by the Commission

Amendment

 

5b. The total quantity of allowances referred to in paragraph 5a shall be allocated in the same manner as a contract for difference, covering the remaining price differential between fossil kerosene and sustainable aviation fuels for the increase of the use of sustainable aviation fuels, with priority to be given to renewable fuels of non-biological origin, on a non-discriminatory basis, as reported to the European Aviation Safety Agency under Articles 7, 8 and 9 of Regulation ... [ReFuelEU Regulation]*.

 

Each aircraft operator may apply for an allocation of the allowances for flights covered by the EU ETS from 1 January 2024 until 31 December 2029 based on the increase of its use of the fuels referred to in paragraph 5a.

 

The quantity of allowances shall be proportionate to the total greenhouse gas emissions saved according to the treatment of those fuels under Directive (EU) 2018/2001 and the delegated acts referred to in Article 14(1) of this Directive.

 

The Commission shall ensure that emissions from renewable fuels of non-biological origin using hydrogen from renewable sources shall be rated with zero emissions for the aircraft operators using them until the delegated act referred to in Article 14 (1) is adopted.

 

The Commission shall publish details of the cost difference between kerosene and sustainable aviation fuels on a yearly basis. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the detailed arrangements for the allocation of aviation allowances for increasing the use of sustainable aviation fuels by covering the price differential per tonne of CO2 saved from using those fuels instead of kerosene.

 

From 31 December 2028, the Commission shall carry out a yearly evaluation regarding the application of this paragraph and submit its results to the European Parliament and the Council in a timely manner. On the basis of that evaluation and following an impact assessment, the Commission may present, where appropriate, a legislative proposal to allocate a capped and time-limited amount of allowances until 31 December 2034 in respect of aircraft operators that increase their use of sustainable aviation fuels referred to in Article 3c(5a).

 

__________________

 

*[add ref to the FuelEU Maritime Regulation].

</Amend>

<Amend>Amendment  <NumAm>38</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3c – paragraph 7</Article2>

 

Text proposed by the Commission

Amendment

7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that outermost region.;

7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2027 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that outermost region.;

</Amend>

<Amend>Amendment  <NumAm>39</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 1</Article2>

 

Text proposed by the Commission

Amendment

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

1. In 2024, 50% of the quantity of allowances in respect of which free allocation would have taken place as published in accordance with Article 3c shall be auctioned.

</Amend>

<Amend>Amendment  <NumAm>40</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 1a</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>41</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 1b</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>42</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 1c</Article2>

 

Text proposed by the Commission

Amendment

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

1c. As from 1 January 2025, all of the quantity of allowances in respect of which free allocation would have taken place in that year shall be auctioned, except for the quantity of allowances referred to in Article 3c(5a).

</Amend>

<Amend>Amendment  <NumAm>43</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point d</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>44</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point e</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 4</Article2>

 

Text proposed by the Commission

Amendment

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

4. The revenues generated from the auctioning of allowances for aviation covered by this Chapter, except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union shall beused as follows:

 

(a)  75 % shall be used to support innovation and new technologies, including the deployment of decarbonisation solutions in the aviation sector through the Climate Investment Fund in accordance with the Article 10a (8)

 

(b)  15 % of the revenues generated from departing flights referred to in Article 3ea shall be used to contribute to UNFCCC Climate Funds, in particular the Green Climate Fund and the Adaptation Fund, to advance international action to mitigate the impact of climate change on the most vulnerable communities;

 

(c)  the remaining revenues shall be used as determined by Member States in line with Article 10(3), including promoting projects aimed at ensuring a just transition in the aviation sector, especially supporting social dialogue among relevant stakeholders in the aviation sector, as well as for training, re-skilling, and upskilling for workers.

</Amend>

<Amend>Amendment  <NumAm>45</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 3 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3 e a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(3a) the following article is inserted:

 

“Article 3ea

 

Aviation activities involving third countries

 

1.  From 30 April [year of entry into force of this Directive +1], aircraft operators shall surrender allowances for emissions on flights departing from an aerodrome located in the EEA.

 

2.  From [year of entry into force of this Directive], the total quantity of allowances to be allocated for aviation shall be increased by the levels of allocations for the additional departing flights referred to in paragraph 1, which would have been made if they were covered by the EU ETS in that year. The linear reduction factor as laid down in Article 9 shall apply.’

 

3.  To take due account of CORSIA offsetting obligations above a baseline set at the 2019 level for the years 2021-2023, and at the average of the 2019-2020 level for 2024 onwards, aircraft operators shall be able to deduct the financial value of their expenditure on credits used for compliance with CORSIA for flights from the EEA to third countries that are listed in the implementing act adopted pursuant to Article 25a(3).

 

Each year, aircraft operators shall publish information regarding the CORSIA offsets paid the previous year for each route and inform the Commission of such offsets should they intend to request a reduction in their surrender requirements. The Commission shall establish the financial value of the offsets eligible for deduction from the EU ETS surrender requirement for each route. The Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive by determining the methodology and mechanism for that deduction. For that purpose, the Commission shall consider the price of EU ETS allowances to be the average price in the respective compliance year.

 

Where a difference has been established by the Commission between verified emissions and allowances surrendered, in respect of a given year, the corresponding quantity of allowances shall be cancelled.

 

4.  By 31 December 2027, in accordance with Article 28b of this Directive, the Commission shall present a report to the European Parliament and the Council on the implementation of ICAO Contracting States’ participation in, and the overall ambition and environmental integrity of, CORSIA. Based on the findings of that report, the Commission shall present, where appropriate, a legislative proposal to end the temporary derogation for flights arriving at an aerodrome located in the EEA.”

</Amend>

<Amend>Amendment  <NumAm>46</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 4 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 10a – paragraph 8 – subparagraph 3 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(4a) in Article 10a (8), the following subparagraph is inserted after the second subparagraph:

 

The revenues generated from the auctioning of allowances in respect of aviation activities, and from penalties referred to in Article 16(3), allocated to the Climate Investment Fund shall be made available for aviation projects to support new developments and innovations, deployment of decarbonisation solutions, the development of support mechanisms and to create necessary infrastructure, which reduce the total climate impacts including non-CO2 impacts, in particular through:

 

(a)  deployment of sustainable aviation fuels, with priority to be given to renewable fuels of non-biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero-emissions fuels and conventional fuels, and reducing the cost of supplying SAF to Union airports;

 

(b)  fundamental improvement of operational aeronautics and airframe solutions to mitigate CO2 and non-CO2 emissions;

 

(c)  deployment of break-through engine innovation and deployment of new propulsion technologies contributing to reducing emissions in aviation, such as battery- and turbo-electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors, electric aircraft and related airport infrastructure;

 

(d)  deployment of monitoring and reporting technologies for CO2 and non-CO2 aviation emissions;

 

(e)  research leading to technological innovation on the non-CO2 impacts of aviation, including formation and prevention of contrails and cirrus clouds.

 

A description of the projects supported by the Climate Investment Fund and information about the levels of expenditure disaggregated at project level shall be transparent and made publicly available in an accessible manner and regularly updated on the Commission's website. The Commission shall ensure there is inclusive involvement of stakeholders in the funding procedures related to the Climate Investment Fund.

</Amend>

<Amend>Amendment  <NumAm>47</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 2 – subparagraph 1 – point b</Article2>

 

Text proposed by the Commission

Amendment

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average.

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 1 January 2027.

</Amend>

<Amend>Amendment  <NumAm>48</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 3 – subparagraph 2</Article2>

 

Text proposed by the Commission

Amendment

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

The Commission shall adopt implementing acts laying down more detailed requirements for the arrangements referred to in the first subparagraph, which may include reporting and registry requirements, and for listing the states or programmes which apply these arrangements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).’,

</Amend><Amend>Amendment  <NumAm>49</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 12 – paragraph 6 – subparagraph 1 – point b</Article2>

 

Text proposed by the Commission

Amendment

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

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2 (3) and (4) of Commission Delegated Regulation (EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2021.

 

__________________

 

1a Commission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (OJ L 250, 30.9.2019, p. 10).

</Amend>

<Amend>Amendment  <NumAm>50</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 14 – paragraph 1 – subparagraph 1</Article2>

 

Present text

Amendment

 

(6a) in Article 14(1), the first subparagraph is replaced by the following:

The Commission shall adopt implementing acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those implementing acts shall also specify the global warming potential of each greenhouse gas in the requirements for monitoring and reporting emissions for that gas.

"The Commission shall adopt delegated acts concerning the detailed arrangements for the monitoring and reporting of emissions and, where relevant, activity data, from the activities listed in Annex I, for the monitoring and reporting of tonne-kilometre data for the purpose of an application under Article 3e or 3f, which shall be based on the principles for monitoring and reporting set out in Annex IV and the requirements set out in paragraph 2 of this Article. Those implementing acts shall also specify the global warming potential of each greenhouse gas and the effects of non-CO2 aviation emissions in the requirements for monitoring, reporting and verification of  those gases and emissions.”

(02003L0087)

</Amend>

<Amend>Amendment  <NumAm>51</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 14 – paragraph 2 – subparagraph 2 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(6a) in Article 14(2), the following subparagraph is added:

 

“By [6 months after the entry into force of this Directive], the Commission shall adopt delegated acts in accordance with Article 23 to supplement this Directive in order to establish a monitoring, reporting and verification scheme (MRV scheme) for non-CO2 emissions from aircraft operators covered by this Directive. The MRV scheme for non-CO2 emissions shall contain data on at least the following:

 

a)  fuel flow;

 

b)  mass of the aircraft;

 

c)  ambient humidity;

 

d)  latitude, longitude and altitude of the aircraft;

 

e)  average humidity and temperature;

 

f)  emission indices for CO2, H2O, sulphur dioxide (SO2) and NOx;

 

g)  CO2 equivalents per flights.

 

By 31 December 2026, based on the results of the monitoring, reporting and verification of non-CO2 emissions, the Commission shall submit, after carrying out an impact assessment and where appropriate, a legislative proposal to mitigate such emissions by expanding the scope of the EU ETS to cover non-CO2 aviation emissions.

 

Pending an extension of the scope of this Directive to cover non-CO2 emissions from aircraft operators referred to in the second subparagraph, from 31 December 2027, the CO2 emission factor for emissions from aviation activities shall be multiplied by 1,8, from 31 December 2028 by 1,9 and from 31 December 2029 by 2,0, in order to account for non-CO2 aviation emissions.

 

From... [30 months after the entry into force of this Directive], the Commission shall submit on an annual basis, as part of the report referred to in Article 10(5),a report to the European Parliament and the Council on the results of the MRV scheme referred to in the third subparagraph.”

</Amend>

<Amend>Amendment  <NumAm>52</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 14 – paragraph 3 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(6a) in Article 14, the following paragraph is added:

 

“3a. All emissions data related to aircraft operators communicated to Member States and the Commission, including data communicated in accordance with Article 7 of Commission Delegated Regulation (EU) 2019/1603, shall be reported and published by the Commission, per aircraft operator and per airport pair in a user-friendly manner. The data for each year shall be published without delay. Those data shall include at least the following:

 

(a)  emissions data broken down by aircraft operator and by airport pair;

 

(b)  load factors, aircraft type, fuel type and fuel consumption per airport pair for each aircraft operator;

 

(c)  the amount of offsetting, calculated in accordance with Article 12(7);

 

(d)  the amount and type of eligible fuels used to comply with part or all of their offsetting;

 

(e)  the amount and type of carbon credits used to comply with part or all of their offsetting.’;

 

(f)  total mass of freight and mail (tonnes) during the reporting period per airport pair;”

</Amend>

<AmendB>Amendment  <NumAmB>53</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 7</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 18 a – paragraph 3 – point b</Article2>

 

Text proposed by the Commission

Amendment

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

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

</AmendB>

<Amend>Amendment  <NumAm>54</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 2</Article2>

 

Present text

Amendment

 

(9) in Article 25a, paragraph 2 is replaced by the following:

2. The Union and its Member States shall continue to seek an agreement on global measures to reduce greenhouse gas emissions from aviation. In the light of any such agreement, the Commission shall consider whether amendments to this Directive as it applies to aircraft operators are necessary.

"2. The Union and its Member States shall continue to seek an agreement on global measures to reduce greenhouse gas emissions from aviation aligned with the objectives of Regulation (EU) 2021/1119 and the Paris Agreement. In the light of any such agreement, the Commission shall consider whether amendments to this Directive as it applies to aircraft operators are necessary.”

(02003L0087)

</Amend>

<Amend>Amendment  <NumAm>55</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

3. The Commission shall adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

3. The Commission shall, at least once a year, adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA, for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year from 2024. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

</Amend>

<Amend>Amendment  <NumAm>56</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 3 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(9) in Article 25a the following paragraph is inserted:

 

“3a.Based upon the list established under paragraph 3, the Commission shall publish a list of aircraft operators from countries which are not considered to be applying CORSIA for flights to or from third countries for the purposes of this Directive.”

</Amend>

<Amend>Amendment  <NumAm>57</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 6</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>58</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 7</Article2>

 

Text proposed by the Commission

Amendment

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countries. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive in order to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countries. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators. The Commission shall also publish information on how the criteria referred to in paragraph 7a have been fulfilled.

</Amend>

<Amend>Amendment  <NumAm>59</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 7a</Article2>

 

Text proposed by the Commission

Amendment

 

(9) In Article 25a, the following paragraph is inserted:

 

“7a. The Commission shall adopt delegated acts in accordance with Article 23 laying down the methodology and criteria used to determine whether there is a significant distortion of competition pursuant to paragraph 7 of this Article. The Commission shall publish information on the application of the delegated act in a transparent manner.”

</Amend>

<Amend>Amendment  <NumAm>60</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 8 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(9) in Article 25a the following paragraph is added:

 

“8a. By 1 January 2027, the Commission shall present a report to the European Parliament and the Council on the application of this Directive, on aviation’s contribution to the objectives of Regulation (EU) 2021/1119 and the Paris Agreement, the implementation of CORSIA and on its impact regarding the aviation internal market of the Union, its competitiveness and a just transition, in particular the social impacts of this Directive, re-skilling and up-skilling, as well as the impact on the frequency and costs of air travel for passengers, especially those with lower incomes. The report shall contain recommendations that shall be implemented without undue delay.”

</Amend>

<Amend>Amendment  <NumAm>61</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 28b</Article2>

 

Present text

Amendment

 

(9a) Article 28b is replaced by the following:

Article 28b

"Article 28b

Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure

Reporting and review by the Commission concerning the implementation of the ICAO's global market-based measure

1.  Before 1 January 2019 and regularly thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to:

1.  Before 1 January 2027 and every two years thereafter, the Commission shall report to the European Parliament and to the Council on progress in the ICAO negotiations to implement the global market-based measure to be applied to emissions from 2021, in particular with regard to:

(i)  the relevant ICAO instruments, including Standards and Recommended Practices;

(i)  the relevant ICAO instruments, including standards and recommended practices;

(ii)  ICAO Council-approved recommendations relevant to the global market-based measure;

(ii)  ICAO Council-approved recommendations relevant to the global market-based measure including any possible changes to baselines;

(iii)  the establishment of a global registry;

(iii)  the establishment of a global registry;

(iv)  domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021;

(iv)  domestic measures taken by third countries to implement the global market-based measure to be applied to emissions from 2021;

(v)  the implications of reservations by third countries; and

(v)  the level of participation by third countries, including the implications of their reservations as regards such participation; and

(vi)  other relevant international developments and applicable instruments. In line with the UNFCCC's global stocktake, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of halving aviation CO2 emissions relative to 2005 levels by 2050.

(vi)  other relevant international developments and applicable instruments.

In line with the global stocktake of the Paris Agreement, the Commission shall also report on efforts to meet the aviation sector's aspirational long-term emissions reduction goal of reducing aviation emissions to net zero by 2050.

2.  Within 12 months of the adoption by the ICAO of the relevant instruments, and before the global market-based measure becomes operational, the Commission shall present a report to the European Parliament and to the Council in which it shall consider ways for those instruments to be implemented in Union law through a revision of this Directive. The Commission shall, in that report, also consider the rules applicable in respect of flights within the EEA, as appropriate. It shall also examine the ambition and overall environmental integrity of the global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non-compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels. In addition, the report shall consider whether the provisions adopted under Article 28c(2) need to be revised.

2.  By 2027, the Commission shall present that report to the European Parliament and to the Council in which it shall assess the environmental integrity of ICAO’s global market-based measure, including its general ambition in relation to targets under the Paris Agreement, the level of participation, its enforceability, transparency, the penalties for non-compliance, the processes for public input, the quality of offset credits, monitoring, reporting and verification of emissions, registries, accountability as well as rules on the use of biofuels.

3.  The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 28a, that is consistent with the Union economy-wide greenhouse gas emission reduction commitment for 2030 with the aim of preserving the environmental integrity and effectiveness of Union climate action.

3.  The Commission shall accompany the report referred to in paragraph 2 of this Article with a proposal, where appropriate, to the European Parliament and to the Council to amend, delete, extend or replace the derogations provided for in Article 28a that is consistent with the Union's economy-wide greenhouse gas emission reduction commitment for 2030 and the objective of achieving climate neutrality by 2050 at the latest with the aim of preserving the environmental integrity and effectiveness of Union climate action.

 

3a.  With a view to improving the CORSIA scheme, the Union and the Member States shall actively promote in ICAO, and through bilateral and multilateral diplomacy, improvements with regard to CORSIA’s environmental integrity, including the sustainability criteria for offsets, and its enforcement, and shall encourage wider international participation in the scheme. The Union and its Member States shall also promote in ICAO additional climate and environmental measures, greater transparency and the establishment of an ambitious long-term emissions reduction goal that is in line with the Paris Agreement.";

(02003L0087)

</Amend>

<AmendB>Amendment  <NumAmB>62</NumAmB>

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9 b (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 30 – paragraph 4 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(9b) in Article 30, the following paragraph is added :

 

“4a. By 1 January 2026, the Commission shall present a report to the European Parliament and to the Council evaluating the environmental and climate impacts and the technical and economic viability of establishing specific requirements for the flight segment comprising regional flights and the lower-end of short-range flights to reduce such impacts, including the setting of higher minimum shares of sustainable aviation fuels to be referred to in Regulation xxxx/xxxx [ReFuelEU Regulation]* as well as possibilities for alternative routing for such types of flights, and taking into account the alternative modes of public transport available to cover such services in a comparable time period.”

 

__________________

 

*[add ref to the FuelEU Maritime Regulation].

</AmendB>

 

</RepeatBlock-Amend>


 

EXPLANATORY STATEMENT

This new legislative proposal of the European Commission is part of the Fit for 55 package and should have a direct impact on reducing emissions. Climate change presents a global challenge and it has already affected the lives of people on all continents. It is very clear that global action and global cooperation is needed to mitigate the effects of climate change. The Rapporteur fully supports the Union’s fight against climate change and its commitment to reduce economy-wide net greenhouse gas emissions by at least 55 % below 1990 levels by 2030 and climate neutrality by 2050.

 

Aviation is one of the fastest-growing sources of greenhouse gas emissions. Aviation accounts for 2-3 % of global CO2 emissions and long-term projections of aviation activity predict major increases in traffic. Before the COVID-19 crisis, the International Civil Aviation Organization (ICAO) forecasted that by 2050 international aviation emissions could triple compared with 2015. At EU-level, aviation made up 3.7% of total CO2 emissions. Until 2019, aviation emissions continued to increase steadily until the beginning of the COVID-19 crisis.  The Rapporteur believes that concrete and appropriate measures are needed to reduce aviation emissions in order to be in line with the Union’s Climate law and its commitments under the Paris Agreement.

For the Rapporteur the following elements are of the main concern:

 

EU ETS/CORSIA scope

The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) is a global market-based measure with the aim of limiting emissions from international aviation that was agreed on by the International Civil Aviation Organisation (ICAO) in 2016. CORSIA is designed to run until 2035, starting with a  pilot phase from 2021 to 2023, followed by its first phase from 2024 to 2026, both phases are voluntary. A mandatory phase will take place from 2027 onwards. All EU countries decided to take part in the CORSIA voluntary phase from its start on the 1 January 2021.

The European Union is a global leader in the fight against climate change. The Rapporteur points out that the Paris Agreement climate commitments and environmental ambitions cannot be achieved by Europe acting alone. Concrete action and cooperation on a global level are necessary, therefore the EU will continue to lead by example in order to tackle climate change, in line with the EU Climate law.

The EU ETS scope for the aviation sector was originally supposed to cover all flights, extra and intra-EEA flights. The EU decided to maintain the geographic scope of the EU ETS limited to intra-EEA flights, also known as the Stop-the-clock measure in an effort  to support the setting-up of an international system and to allow ICAO to present a global scheme to reduce emissions. The Stop-the-clock measure is set to expire on the 31 December 2023.

The Commission’s proposal regarding the scope of EU ETS and CORSIA is to maintain the current EU ETS coverage (intra-EEA flights, including departing flights to Switzerland and to the UK) and to apply CORSIA’s  offsetting approach for flights that are currently not covered by the EU ETS (flights to/from other third countries which participate in the scheme).

The Rapporteur decided to keep the scope as proposed by the Commission. The Rapporteur emphasizes the need for a stronger CORSIA fit for purpose, which has to be part of the solution and help to fulfil the Union’s commitments under the Paris Agreement. Therefore, it is important to achieve the highest possible number of participating countries and to ensure that CORSIA is implemented in those countries by 2027 at the latest,  to increase transparency and an overall good cooperation with third countries in that context. Having in mind the transparency aspect within the proposal, the Rapporteur indicates that the Member States and the European Commission should publish their emissions data per airline in a user-friendly manner.

 

Phase out of the free allowances

The Commission proposal foresees a phasing out over 3 years, with a transition to full auctioning in 2027. The Rapporteur proposes to accelerate the phase-out of free allowances by one year and to transition to full auctioning by 2026. The accelerated phase-out of free allocation for the aviation sector by one year, from 2027 to 2026, will generated additional allowances to be auctioned in the period up to 2030 addition compared to the Commission proposal. The Rapporteur proposes to make these additional allowances available towards the avoidance of the cross-sectoral correction factor.

 

Innovation Fund

The Rapporteur believes the aviation industry has only a limited number of options to reduce their emissions and therefore underlines the importance of innovation in the sector. The Rapporteur proposes to earmark a significant amount of the Innovation Fund for projects to support innovation and new technologies in the aviation sector, stressing the area of sustainable aviation fuels. The Rapporteur believes it is important to consider instruments to help foster innovation and manufacturing inside the EU and to create a business ecosystem that would attract investment and result in new jobs. This presents an opportunity for the EU to set the foundation for innovation breakthroughs in the global aviation industry.

 

Impact on consumers and industry

The Rapporteur underlines the need to keep the possible new burdens for consumers and industry to a minimum level and proportionate. Therefore, it is necessary to ensure a level playing field for airlines on the same routes, in terms of their obligations.


OPINION OF THE COMMITTEE ON TRANSPORT AND TOURISM (29.4.2022)

<CommissionInt>for the Committee on the Environment, Public Health and Food Safety</CommissionInt>


<Titre>on the proposal for a directive of the European Parliament and of the Council amending Directive 2003/87/EC as regards aviation's contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure</Titre>

<DocRef>(COM(2021)0552 – C9‑0319/2021 – 2021/0207(COD))</DocRef>

Rapporteur for opinion: <Depute>Jan‑Christoph Oetjen</Depute>

 

SHORT JUSTIFICATION

The Commission proposal aims at revising the EU ETS in respect of aviation emissions in order to ensure sector’s contribution to the 2030 emissions reduction targets and coherence of the European offsetting system with the CORSIA, developed within ICAO. The reduction of environmental footprint of the aviation sector is to be achieved by gradual phase out of free allowances and shift towards their auctioning in combination with technological advances expected in the near future, optimisation of air navigation services through Single European Sky and other legislative measures, such as obligatory uplift of Sustainable Aviation Fuels, included in the wider Fit for 55 legislative package.

 

Rapporteur’s position:

 

The Rapporteur supports the initiative; especially that aviation has been part of the EU ETS since 2012 and contributed greatly to greenhouse gas emissions reduction under the system by purchasing its offsetting credits from other sectors. Moreover, the shift towards more sustainable, more efficient flights is an opportunity to the industry which is simply not possible to be missed in order to stay competitive in the mid to long term. Similarly, the Rapporteur welcomes and supports international effort to offset aviation emissions under the CORSIA.

 

While recognising the ambition behind the Commission proposal, however, there is also a need to acknowledge many challenges for the EU aviation sector stemming from still ongoing crisis due to the Covid19 pandemic as well as uneven level playing field in respect of 3rd countries’ participation in CORSIA.

 

Among a few solutions to counterbalance those challenges and to reap full benefits of this proposal to the advantage of the industry and customers alike, the Rapporteur proposes to introduce free allocation of allowances to aircraft operators to incentivise the uplifting of sustainable aviation fuels (SAF), including synthetic aviation fuels, in line with the objectives of the proposal for a regulation on ensuring a level playing field for sustainable air transport (2021/0205 (COD)). The Rapporteur does not want these ETS credits to have an impact on the ETS cap, therefore, he suggests that they come from the pool of total allowances available and proposes to reserve a total of 20 million for this purpose up to 2030, to be reviewed in 2027 and possibly extended beyond 2030. This would reduce the cost impact of ReFuel EU mandate, both for SAF and for its sub targets, incentivise the fuels users to uplift more SAFs, support the European sustainable fuel production and mitigate the cost impact and carbon distortion in case the rest of the world does not follow the EU approach to carbon pricing and SAF.

 

Moreover, since further greening of the air travel is not possible without significant advances in technology development and its uptake by the market, the Rapporteur would like to see the earmarking of revenues from EU ETS allowances purchased by aircraft operators for R&D investment exclusively in the aviation sector.

 

Perhaps the most important challenge of the current system is to ensure equal treatment for all aircraft operators irrespective of their origin. Bearing in mind that ensuring full compliance with CORSIA by a 3rd country carrier is not always possible and the procedures to achieve that are often very long, the Commission should have the necessary tools to impose EU ETS on such aircraft operator, as an immediate temporary measure, acting whenever there is a distortion of competition or a threat of injury to the European aircraft operator as a result of this non-compliance. This should be done instead or in combination with the exemptions from CORSIA granted to the European airlines, already foreseen in the Commission proposal. 

 

Last but not least, to avoid high fluctuations in carbon price, as unfortunately seen in recent months, the Rapporteur’s view is that it is also time to consider a revision of current rules safeguarding the market against any future speculation.


AMENDMENTS

The Committee on Transport and Tourism calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

<RepeatBlock-Amend>

<Amend>Amendment  <NumAm>1</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 1 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(1a) In April 2013, the Union, under international pressure, discontinued the enforcement of certain provisions of Directive 2008/101/EC by introducing the so-called ‘stop the clock’ derogation, which excluded all extra-EU flights from the EU ETS. The derogation, introduced by Regulation (EU) 2017/2392, was put in place in order for the International Civil Aviation Organization (ICAO) to establish a global agreement on regulating international aviation emissions, and it has been extended twice, first until 2017 and subsequently until 2023.

</Amend>

<Amend>Amendment  <NumAm>2</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 2</Article>

 

Text proposed by the Commission

Amendment

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation.

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12. The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. Given that experts’ estimations, announced during the 2021 United Nations Climate Change Conference (COP26), held in Glasgow from 31 October to 13 November 2021, indicate that the world is on a path to experiencing an average temperature increase of between1,8°C and 2,4°C, the Parties agreed in their conclusions of COP26 to revisit their commitments, as necessary, by the end of 2022 to be back on track for1,5°C of warming, maintaining the upper end of ambition under the Paris Agreement. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. During COP26, the International Aviation Climate Ambition Coalition was launched, whereby 23countries adopted a declaration committing to ambitious action on international aviation emissions, including through a new global goal and the promotion of cleaner fuels and technologies.

__________________

__________________

12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

12 Paris Agreement (OJ L 282, 19.10.2016, p. 4).

</Amend>

<Amend>Amendment  <NumAm>3</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 3</Article>

 

Text proposed by the Commission

Amendment

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States continue to support CORSIA and are committed to implement it from the start of the pilot phase 2021-202313 .

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States have consistently supported the development of CORSIA in ICAO, and continue to support it and are committed to implement it from the start of the pilot phase 2021-202313. Several design elements of CORSIA are inspired by the EU ETS. The Union and its Member States should continue being actively involved in climate diplomacy with the purpose of increasing the coverage of CORSIA, improving its environmental integrity, thereby ensuring that it effectively reduces aviation emissions as well as interplays with the Union market-based instruments that ensure aviation’s contribution to economy-wide emissions reduction.

__________________

__________________

13 Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

13 Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

</Amend>

<Amend>Amendment  <NumAm>4</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 7</Article>

 

Text proposed by the Commission

Amendment

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 in Regulation (EU) 2021/1119 of the European Parliament and of the Council17 . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030.

(7) The Union has enshrined into legislation the target of economy-wide climate neutrality by 2050 at the latest in Regulation (EU) 2021/1119 of the European Parliament and of the Council . That Regulation also establishes a binding Union domestic reduction commitment of net greenhouse gas emissions (emissions after deduction of removals) by at least 55% below 1990 levels by 2030.

__________________

__________________

17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

17 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality (European Climate Law) (OJ L 243, 9.7.2021, p. 1).

</Amend>

<Amend>Amendment  <NumAm>5</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 9</Article>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>6</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10</Article>

 

Text proposed by the Commission

Amendment

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

(10) Achieving the increased climate ambition will require channelling as many resources as possible to the climate transition. As a result, all auction revenues that are not attributed to the Union budget should be used for climate-related purposes. Moreover, part of the revenues from the auctioning the aviation allowances should be allocated to the Innovation Fund and used entirely for enabling a just and sustainable transition to the decarbonisation of the aviation sector, to advance research and development of alternative technologies for the aviation sector including sustainable aviation fuels. Funding should be inclusive in terms of the involvement of stakeholders from public and private sectors representing a broad geographical and competence base across the Member States.

</Amend>

<Amend>Amendment  <NumAm>7</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(10a) The EU ETS directive should also be a tool to incentivise solutions that facilitate decarbonisation. The transition from fossil fuels to sustainable aviation fuels will play a considerable role in that process. However, considering the current non-existence of a EU market of sustainable aviation fuels, the high level of competition between aircraft operators and the important price differential between fossil kerosene and sustainable aviation fuels, this transition should be supported through incentives that reflect the environmental benefit of sustainable aviation fuels and make them more competitive for aircraft operators thereby avoiding carbon leakage. For this purpose, free allowances should be allocated to individual aircraft operators, in proportion to the amount of sustainable aviation fuels used and reported under Regulation 2021/0205 [ReFuelEU Regulation], to provide a guaranteed reward and to support the creation of a EU market of sustainable aviation fuels. 20 million allowances should be already reserved at the entry into force of this Directive. The amount of allowances allocated for free should be adjusted with multipliers in order to take into account that some types of sustainable aviation fuels deliver higher environmental benefits but are more costly to purchase for aircraft operators. The Commission should detail the methodology to allocate these allowances based on prices and environmental benefits. The Commission should determine on a yearly basis, the amount of allowances to allocate and the level of the multipliers based on fuels market price information available in the report published by the European Union Aviation Safety Agency pursuant to Article 12 of Regulation 2021/0205 [ReFuelEU Regulation]. Existing reporting mechanisms, such as the annual Technical Report published by the European Union Aviation Safety Agency (EASA) under Article 12 of Regulation 2021/0205 [ReFuelEU Regulation] should be used to support collecting harmonised price information on European level. Moreover, to further boost decarbonisation solutions and technologies, a zero-rating should apply to renewable fuels of non-biological origin for the aircraft operators using such fuels, for a transitional period lasting until the implementing acts referred to in Article14(1) enter into force. Existing EU aviation agencies such as EASA should have an access to the relevant data in order to perform harmonised data collection, also supporting the implementation of Article 87 of Regulation (EU) 2018/1139 [EASA Basic Regulation].

</Amend>

<Amend>Amendment  <NumAm>8</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10 b (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

</Amend>

<Amend>Amendment  <NumAm>9</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 10 c (new)</Article>

 

Text proposed by the Commission

Amendment

 

(10c) A Sustainable Aviation Transition Fund (‘the Aviation Fund’) should be established pursuant to Regulation 2021/0205 [ReFuelEU Regulation] to provide funds to the Member States to support their policies aimed at decarbonising the aviation transport sector. This should be achieved notably through development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/0205 [ReFuelEU Regulation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure. The Commission should include the Aviation Fund in the context of the proposals fo r the MFF Mid-term revision. The Aviation Fund should be a fully budgeted expenditure programme within the MFF. The budgetary envelope for this programme should be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances. The Fund shall be implemented by the Commission in direct management in accordance with the relevant rules adopted pursuant to Article 322 TFEU, in particular Regulation (EU, Euratom) 2018/1046 and Regulation (EU, Euratom) 2020/2092 of the European Parliament and of the Council.

</Amend>

<Amend>Amendment  <NumAm>10</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 14</Article>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>11</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 15</Article>

 

Text proposed by the Commission

Amendment

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been considered acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 .

(15) In order to ensure uniform conditions for the use of international credits in accordance with Article 11a of Directive 2003/87/EC, implementing powers should be conferred on the Commission to adopt a list of the credits which have been acceptable by the ICAO Council to use for compliance of CORSIA, and that fulfil the eligibility conditions above. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council18 .

__________________

__________________

18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

18 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

</Amend>

<Amend>Amendment  <NumAm>12</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 17</Article>

 

Text proposed by the Commission

Amendment

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

(17) For CORSIA implementation on flights other than flights departing from an aerodrome located in the EEA and arriving at an aerodrome located in the EEA, in Switzerland or in the United Kingdom, surrender obligations should be decreased for Union-based aircraft operators operating these flights. Aircraft operators’ surrender obligations for these flights should be decreased to only their share of collective international aviation emissions above collective 2019 levels, in respect of emissions during 2021-23, and above collective 2019-20 levels for subsequent years of CORSIA application, in line with the baseline which is expected to be endorsed by ICAO in 2022.

</Amend>

<Amend>Amendment  <NumAm>13</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 18</Article>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>14</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 22</Article>

 

Text proposed by the Commission

Amendment

(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers should be conferred on the Commission to exempt airlines based in the Union from surrender requirements in respect of emissions from flights where a significant distortion of competition to the detriment of airlines based in the Union occurs due to a less stringent implementation or enforcement of CORSIA in the third country. The distortion of competition could be caused by a less stringent approach to eligible offset credits or double counting provisions. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.

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

</Amend>

<Amend>Amendment  <NumAm>15</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 22 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(22 a) The Commission should monitor, evaluate and report the potential risk of carbon leakage and distortion of competition following the implementation of this Directive and, where appropriate, propose amendments in order to address and further prevent distortion of competition and put forward a carbon adjustment measure to address the carbon leakage. Moreover, no later than by 31 December a year after the entry into force of this Directive, the Commission should assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, flight fares rates and ability of the aviation sector to pass on the cost of required emission units, household purchasing power, the magnitude of carbon leakage, the loss for European tourism destinations, the condition of European tourism sector and the reduction of connectivity on less-connected EU regions, among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission should determine whether it is justified to revise this Directive, and, where appropriate, it should submit a legislative proposal for that purpose in order to reach global GHG emissions reduction in the most cost effective way and preserve a level-playing field.

</Amend>

<Amend>Amendment  <NumAm>16</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 24 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

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

</Amend>

<Amend>Amendment  <NumAm>17</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 25</Article>

 

Text proposed by the Commission

Amendment

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union. Therefore, a derogation from the EU ETS should be provided for emissions from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State.

(25) Special consideration should be given to promoting accessibility for the outermost regions of the Union, taking into account the remoteness of these regions from mainland territories and their heavy dependence on aviation for the transport of passengers and goods and for their attractiveness as EU tourism destination. Therefore, a derogation from the EU ETS should be provided for emissions from flights to and from an outermost region, between two different outermost regions and between islands inside outermost regions.

</Amend>

<Amend>Amendment  <NumAm>18</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 26 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(26 a) Pursuant to Article 30(4) of this directive the Commission presented an updated analysis of the non-CO2 effects of aviation1a. That analysis confirms that the significance of non-CO2 climate impacts from aviation activities, previously estimated to be at least as important in total as those of CO2 alone. However, it also found that uncertainties remain with regard to those impacts, and how to assess them in terms of equivalent emissions metrics. Moreover the challenges of finding an appropriate multiplier to account for the climate effects of non-CO2 emissions as well as the uncertainty about the climate impact of NOX, and the potential unintended consequences, creates a political risk for the integrity of the EU ETS. Nevertheless, it is essential to systematically ensure that all decarbonisation measures are evaluated, including the non-CO2 effects. Therefore, the Commission should update its analysis by 2026 and, where appropriate, put forward legislative measures to address the non-CO2 emissions, such as setting requirements to reduce aromatics and sulphur content in conventional jet fuel.

 

__________________

 

1a Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4).

</Amend>

<Amend>Amendment  <NumAm>19</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Recital 27 a (new)</Article>

 

Text proposed by the Commission

Amendment

 

(27 a) The Commission should assess this Directive 2003/87/EC with regards to the “one in, one out” principle whereby each legislative proposal creating new burdens should relieve people and business of an equivalent existing burden at EU level in the same policy area. The Commission and Member State authorities should continuously adapt to best practice administrative procedures and take all measures to simplify the implementation of Directive 2003/87/EC, keeping administrative burdens to a minimum.

</Amend>

<Amend>Amendment  <NumAm>20</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3a</Article2>

 

Present text

Amendment

 

(1 a) Article 3a is amended as follows:

Scope

Scope

The provisions of this Chapter shall apply to the allocation and issue of allowances in respect of aviation activities listed in Annex I.

Articles 3b to 3e shall apply to the allocation and issue of allowances in respect of aviation activities listed in Annex I.

 

Articles 3g to 3ge shall apply in respect of the maritime transport activities listed in Annex I.

((https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101))

</Amend>

<Amend>Amendment  <NumAm>21</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3c – paragraph 5 a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

5a. The Commission shall determine each year until 2040 the amount of allowances from the total quantity of allowances referred to in paragraph 5 of this, that shall be reserved to be allocated for free in respect of aircraft operators that uplift sustainable aviation fuels, based on the blending mandates referred to in Annex I of the Regulation 2021/0205 [ReFuelEU Regulation] and the price evolution of these fuels.

</Amend>

<Amend>Amendment  <NumAm>22</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 1 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3c – paragraph 7</Article2>

 

Text proposed by the Commission

Amendment

7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions taking place until 2030 from flights between an aerodrome located in an outermost region of a Member State and an aerodrome located in the same Member State outside that outermost region.;

7. By way of derogation from Articles 12(2a), 14(3) and Article 16, Member States shall consider the requirements set out in those provisions to be satisfied and shall take no action against aircraft operators in respect of emissions from flights to and from an aerodrome located in an outermost region, from flights between two different outermost regions and between islands inside outermost regions;

</Amend>

<Amend>Amendment  <NumAm>23</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 1c</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>24</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 – point e</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d – paragraph 4</Article2>

 

Text proposed by the Commission

Amendment

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

4. The use of revenues generated from the auctioning of allowances to aviation , except for the revenues established as own resources in accordance with Article 311(3) of the Treaty and entered in the general budget of the Union shall be the following: without prejudice to the revenues established as own resources, 50% of the revenues generated from the auctioning of aviation allowances shall be transferred to the Sustainable Aviation Fund referred to in Article 3 d a new. The other 50% of the revenues shall be transferred to the Innovation Fund and shall be implemented in line with Article 10 a paragraph 8 subparagraph 2 a.

</Amend>

<Amend>Amendment  <NumAm>25</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 2 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3d a (new)</Article2>

 

Text proposed by the Commission

Amendment

 

(2a) Article 3d a (new) is added:

 

Article 3da

 

Sustainable Aviation Fund

 

1. A dedicated Sustainable Aviation Fund (“the Aviation Fund”) established pursuant to Regulation 2021/0205 [ReFuelEU Regulation] shall support and accelerate projects, investments, research, innovations and first industrial application facilitating decarbonisation in the EU aviation sector;

 

2. The Aviation Fund shall constitute an integral part of the EU budget and shall be fully budgeted within the MFF ceilings. The budgetary envelope for this programme shall be expressed as an amount set at a level equivalent to 50% of the revenue expected from the auctioning of aviation allowances and penalties applicable to infringements of the provisions adopted pursuant to Regulation 2021/0205 [ReFuelEU Regulation] The Aviation Fund shall be managed centrally by the Commission;

 

3. The dedicated Aviation Fund shall support the transition to energy efficient and climate resilient EU aviation sector supporting development of innovative technologies for decarbonising the sector, production of sustainable aviation fuels as defined in Regulation 2021/02051a [ReFuelEU Aviation] including systems for collection of raw materials for SAFs, investments in research and development and first industrial application of technologies and designs reducing GHG emissions, research for new aircraft engines and technologies, aircraft operation and performance, and airports infrastructure;

</Amend>

<Amend>Amendment  <NumAm>26</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 3</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 3e</Article2>

 

Text proposed by the Commission

Amendment

(3) Articles 3e and 3f are deleted;

(3) Article 3e is replaced by the following:

 

Article 3 e

 

Allocation and issue of allowances to aircraft operators for uplifting sustainable aviation fuels.

 

1. As from [the date of entry into force of this Directive], the total quantity of allowances referred to in Article 3c(5a) shall be allocated free of charge for the uplifting of sustainable aviation fuels, as reported to the European Union Aviation Safety Agency under Article 7, Article 8 and Article 9 of the Regulation 2021/0205 [ReFuelEU Regulation].

 

2  Each aircraft operator may apply for an allocation of allowances that are to be allocated free of charge for each year until 2040 based on the uplifting of the fuels referred to in paragraph 1 from [the date of entry into force of this Directive].

 

(a) For each type of sustainable aviation fuel reported, the amount of allowances received shall correspond to the amount of allowances, which the aircraft operator would have been required to surrender for the same volume of fossil kerosene, based on the multipliers set by the Commission according to Paragraph 3 of this Article. The quantity of allowances shall be proportionate to the total greenhouse gas emissions saved according to the treatment of those fuels under Directive (EU) 2018/2001) and the implementing acts referred to in Article 14(1) of the ETS directive, taking into account average market prices for each type of sustainable aviation fuel reported.

 

(b) For a transitional period until the implementing acts referred to in Article 14(1) enter into force, renewable fuels of non-biological origin shall be rated with zero emissions for the aircraft operators using them.

 

3. The Commission shall publish the costs difference between the kerosene and types of SAF on a yearly basis, based on the Report published under Article 12 of the Regulation 2021/0205 [ReFuelEU Regulation]. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Directive concerning the amount of allowances per year to be allocated for free according to this Article 3c 5a, the multiplier per type of SAF and the detailed arrangements for the allocation.

 

4. An amount of free allowances referred to in Article 3c (5a) should be maintained beyond 2040 unless, following an impact assessment, the Commission determines and justifies otherwise to the European Parliament and the Council, based on the evident uptake of the SAF market.”

</Amend>

<Amend>Amendment  <NumAm>27</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 4 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2> Article 10a – paragraph 3 – point k a (new)</Article2>

 

Present text

Amendment

 

(4a) In Article 10a (3), the following point ka is inserted:

 

(ka) Member States shall annually report to the Commission on the use of revenues and the actions taken pursuant to this paragraph and in line with Decision No 280/2004/EC. The Commission shall subsequently make that information publicly available together with recommendations on how to improve such usage

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-)

</Amend>

<Amend>Amendment  <NumAm>28</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 4 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 10a – paragraph 8 – subparagraph 2 a (new)</Article2>

 

Present text

Amendment

 

(4a) In Article 10a (8), the following subparagraph 2a is inserted:

 

"50 % of the amount of revenues from auctioning of allowances from the aviation sector allocated to the Innovation Fund shall fund investment in innovation, research and development in relation to aircraft efficiency, deployment of decarbonisation solutions, and the environmental performance of the aviation sector, in particular for:

 

(a) improvement of operational, aeronautics and airframe solutions;

 

(b) deployment of new propulsion technologies, like battery- and turbo-electric technologies, as well as hydrogen combustion in turbines and fuel cells that power electric motors;

 

(c) deployment of sustainable aviation fuels, such as renewable fuels of non-biological origin (RFNBO) from renewable hydrogen and direct air capture (DAC), including through carbon contracts for difference aimed at bridging the price difference between zero-emissions fuels and conventional fuels;

 

(d) deployment and scaling up of sustainable aviation fuels and reducing the cost of supplying sustainable aviation fuels to Union airports;

 

(e) assisting with the first industrial application, developing further support mechanisms and creating necessary infrastructure;

 

(f)  improving the European multimodal network. The revenues shall also support social dialogue among relevant stakeholders in the aviation sector, as well as for training, re-skilling, and up-skilling for workers.

 

The decision-making process, in particular in relation to the setting of priority areas, criteria and grant allocation procedures, shall be transparent and inclusive and shall take into consideration the adequate involvement of stakeholders, including the industry, SMEs, non-governmental organisations, entrepreneurial initiatives, research organisations, higher education establishments and universities representing a wide geographical and competence base across the Member States. Relevant stakeholders shall have an appropriate consultative role. All information on the projects and investments supported by the Innovation Fund and all other relevant information on its functioning shall be made available to the public. "

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-)

</Amend>

<Amend>Amendment  <NumAm>29</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 1 – point a</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>30</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 1 – point c</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>31</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 1 – point d</Article2>

 

Text proposed by the Commission

Amendment

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

deleted

</Amend>

<Amend>Amendment  <NumAm>32</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Aricle 11a – paragraph 2</Article2>

 

Text proposed by the Commission

Amendment

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

2. Units referred to in paragraph 1, may be used if the following conditions have been met:

</Amend>

<Amend>Amendment  <NumAm>33</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 2 – point a</Article2>

 

Text proposed by the Commission

Amendment

(a) they originate from a country that is a party to the Paris Agreement at the time of use;

deleted

</Amend>

<Amend>Amendment  <NumAm>34</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 2 – point b</Article2>

 

Text proposed by the Commission

Amendment

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). This condition shall not apply in respect of emissions before 2027, nor shall it apply in respect of Least Developed Countries and Small Island Developing States, as defined by the United Nations, except for those countries whose GDP per capita equals or exceeds the Union average.

(b) they originate from a country that is listed in the implementing act adopted pursuant to Article 25a(3) as participating in offsetting under Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). unless the country is exempt from mandatory offsetting in accordance with the exemptions laid down in Annex 16, Volume IV (‘CORSIA SARPs’) to the Convention on the International Civil Aviation Organization (‘Chicago Convention’).

</Amend>

<Amend>Amendment  <NumAm>35</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 5 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 11a – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>36</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 12 – paragraph 6 – point b</Article2>

 

Text proposed by the Commission

Amendment

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

(b) they produce annual CO2 emissions greater than 10 000 tonnes from the use of aircrafts with a maximum certified take-off mass greater than 5 700 kg conducting flights covered by Annex I to this Directive and by Article 2(3) and (4) of Commission Delegated Regulation (EU) 2019/16031a, other than those departing and arriving in the same Member State (including outermost regions of the same Member State), from 1 January 2021.

 

__________________

 

1a Commission Delegated Regulation (EU) 2019/1603 of 18 July 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards measures adopted by the International Civil Aviation Organisation for the monitoring, reporting and verification of aviation emissions for the purpose of implementing a global market-based measure (Text with EEA relevance.)OJ L 250, 30.9.2019, p. 10–13)

</Amend>

<Amend>Amendment  <NumAm>37</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 – point b</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 12 – paragraph 7</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>38</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 6 – point b a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 21 – paragraph 4 a (new)</Article2>

 

Present text

Amendment

 

(6a) In Article 21, the following paragraph is added:

 

4a. The Commission shall monitor and evaluate the implementation of this Directive, possible trends and adverse impacts as regards, inter alia, the EU competitiveness and companies seeking to avoid being bound by the requirements of this Directive through annual reports analysing market distortions, scale of carbon and investment leakage and deterioration of level playing field. If appropriate, the Commission shall propose measures to prevent possible adverse impacts. No later than by 31 December a year after the entry into force of this Directive, the Commission shall assess Union’s competitiveness, changes in prices of allowances, developments in the labour market, transport freight rates, household purchasing power and the magnitude of carbon and business leakage per economic sector among others by means of a comprehensive impact assessment of the Fit for 55 package. Following its result, the Commission shall determine whether it is justified to revise this Directive, and, where appropriate, it shall submit a legislative proposal for that purpose in order to reach global GHG emissions reduction and preserve a level-playing field. "

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)

</Amend>

<Amend>Amendment  <NumAm>39</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 8 – point a</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 23 – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>40</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 3</Article2>

 

Text proposed by the Commission

Amendment

3. The Commission shall adopt an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

3. At least once a year, the Commission shall adopt, , an implementing act listing countries other than EEA countries, Switzerland and the United Kingdom, which are considered to be applying CORSIA for the purposes of this Directive, with a baseline of 2019 for 2021 to 2023 and a baseline 2019-2020 for each year thereafter: if a baseline is endorsed by ICAO in 2022, that implementing act shall be in line with the baseline endorsed in 2022. As of 1 January 2027 that implementing act shall also include a list of countries which are not considered to be applying CORSIA. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

</Amend>

<Amend>Amendment  <NumAm>41</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 4</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>42</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 6</Article2>

 

Text proposed by the Commission

Amendment

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

6. In respect of emissions from flights to and from countries that are exempt from mandatory offsetting in accordance with the exemptions laid down in CORSIA SARPs, other than those listed in the implementing act adopted pursuant to paragraph 3, aircraft operators shall not be required to cancel units.

</Amend>

<Amend>Amendment  <NumAm>43</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 25a – paragraph 7</Article2>

 

Text proposed by the Commission

Amendment

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countries. The distortion of competition may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22a(2).

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

</Amend>

<Amend>Amendment  <NumAm>44</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9 a (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 29a – paragraph 4 a (new)</Article2>

 

Present text

Amendment

 

(9a) In Article 29a, the following paragraph is added:

 

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

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)

</Amend>

<Amend>Amendment  <NumAm>45</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9 b (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 30 – paragraph 4 a (new)</Article2>

 

Present text

Amendment

 

(9b) In Article 30, the following paragraph is added:

 

4a. By 1 January 2025, the Commission shall:"

 

a) publish an updated analysis of the non-CO2 climate impacts of aviation taking into account the latest scientific work and shall decide, where appropriate, to put forward a set of legislative proposals to address and reduce the intensity of non-CO2 emissions;

 

b) put forward, where appropriate, a legislative proposal under this Directive on a carbon adjustment measure addressing the carbon leakage.”

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)

</Amend>

<Amend>Amendment  <NumAm>46</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 9 c (new)</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Article 31 – paragraph 2 a (new)</Article2>

 

Present text

Amendment

 

(9c) In Article 31, the following paragraph is added:

 

2a. "The Commission shall assess, by [1 year after the entry into force of this Directive], this Directive in line with the “one in, one out” principle, and where appropriate, present proposals offsetting the regulatory burdens in relation to Directive 2003/87/EC, including through the revision or repeal of provisions in other EU legislative acts that generate unjustified or excessive compliance costs in the affected sectors."

(https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02003L0087-20200101)

</Amend>

<Amend>Amendment  <NumAm>47</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 10</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Annex I – point a</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

<Amend>Amendment  <NumAm>48</NumAm>

 

<DocAmend>Proposal for a directive</DocAmend>

<Article>Article 1 – paragraph 1 – point 10</Article>

<DocAmend2>Directive 2003/87/EC</DocAmend2>

<Article2>Annex I – point b</Article2>

 

Text proposed by the Commission

Amendment

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

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

</Amend>

</RepeatBlock-Amend>

 


 

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure

References

COM(2021)0552 – C9-0319/2021 – 2021/0207(COD)

Committee responsible

 Date announced in plenary

ENVI

13.9.2021

 

 

 

Opinion by

 Date announced in plenary

TRAN

13.9.2021

Rapporteur for the opinion

 Date appointed

Jan-Christoph Oetjen

29.10.2021

Discussed in committee

7.2.2022

 

 

 

Date adopted

28.4.2022

 

 

 

Result of final vote

+:

–:

0:

37

6

5

Members present for the final vote

Magdalena Adamowicz, Andris Ameriks, José Ramón Bauzá Díaz, Erik Bergkvist, Izaskun Bilbao Barandica, Paolo Borchia, Karolin Braunsberger-Reinhold, Marco Campomenosi, Massimo Casanova, Karima Delli, Anna Deparnay-Grunenberg, Ismail Ertug, Gheorghe Falcă, Giuseppe Ferrandino, Carlo Fidanza, Mario Furore, Søren Gade, Isabel García Muñoz, Jens Gieseke, Elsi Katainen, Elena Kountoura, Julie Lechanteux, Bogusław Liberadzki, Peter Lundgren, Benoît Lutgen, Elżbieta Katarzyna Łukacijewska, Marian-Jean Marinescu, Tilly Metz, Cláudia Monteiro de Aguiar, Caroline Nagtegaal, Jan-Christoph Oetjen, Philippe Olivier, Rovana Plumb, Tomasz Piotr Poręba, Dominique Riquet, Massimiliano Salini, Vera Tax, Barbara Thaler, István Ujhelyi, Henna Virkkunen, Petar Vitanov, Elissavet Vozemberg-Vrionidi, Lucia Vuolo, Roberts Zīle, Kosma Złotowski

Substitutes present for the final vote

Leila Chaibi, Clare Daly, Pär Holmgren

 

 


FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

37

+

ECR

Carlo Fidanza, Tomasz Piotr Poręba, Roberts Zīle, Kosma Złotowski

ID

Paolo Borchia, Marco Campomenosi, Massimo Casanova

PPE

Magdalena Adamowicz, Karolin Braunsberger-Reinhold, Gheorghe Falcă, Jens Gieseke, Elżbieta Katarzyna Łukacijewska, Benoît Lutgen, Marian-Jean Marinescu, Cláudia Monteiro de Aguiar, Massimiliano Salini, Barbara Thaler, Henna Virkkunen, Elissavet Vozemberg-Vrionidi, Lucia Vuolo

Renew

José Ramón Bauzá Díaz, Izaskun Bilbao Barandica, Søren Gade, Elsi Katainen, Caroline Nagtegaal, Jan-Christoph Oetjen, Dominique Riquet

S&D

Andris Ameriks, Erik Bergkvist, Ismail Ertug, Giuseppe Ferrandino, Isabel García Muñoz, Bogusław Liberadzki, Rovana Plumb, Vera Tax, István Ujhelyi, Petar Vitanov

 

6

-

The Left

Leila Chaibi, Clare Daly

Verts/ALE

Karima Delli, Anna Deparnay-Grunenberg, Pär Holmgren, Tilly Metz

 

5

0

ECR

Peter Lundgren

ID

Julie Lechanteux, Philippe Olivier

NI

Mario Furore

The Left

Elena Kountoura

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Amending Directive 2003/87/EC as regards aviation’s contribution to the Union’s economy-wide emission reduction target and appropriately implementing a global market-based measure

References

COM(2021)0552 – C9-0319/2021 – 2021/0207(COD)

Date submitted to Parliament

15.7.2021

 

 

 

Committee responsible

 Date announced in plenary

ENVI

13.9.2021

 

 

 

Committees asked for opinions

 Date announced in plenary

ITRE

11.11.2021

TRAN

13.9.2021

 

 

Not delivering opinions

 Date of decision

ITRE

15.9.2021

 

 

 

Rapporteurs

 Date appointed

Sunčana Glavak

17.9.2021

 

 

 

Discussed in committee

9.9.2021

10.2.2022

 

 

Date adopted

17.5.2022

 

 

 

Result of final vote

+:

–:

0:

66

9

12

Members present for the final vote

Mathilde Androuët, Margrete Auken, Simona Baldassarre, Marek Paweł Balt, Traian Băsescu, Aurélia Beigneux, Monika Beňová, Hildegard Bentele, Sergio Berlato, Alexander Bernhuber, Malin Björk, Simona Bonafè, Delara Burkhardt, Pascal Canfin, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Nathalie Colin-Oesterlé, Esther de Lange, Christian Doleschal, Marco Dreosto, Bas Eickhout, Cyrus Engerer, Agnès Evren, Pietro Fiocchi, Raffaele Fitto, Andreas Glück, Catherine Griset, Jytte Guteland, Teuvo Hakkarainen, Martin Hojsík, Pär Holmgren, Jan Huitema, Yannick Jadot, Adam Jarubas, Petros Kokkalis, Ewa Kopacz, Peter Liese, Sylvia Limmer, Javi López, César Luena, Marian-Jean Marinescu, Fulvio Martusciello, Liudas Mažylis, Joëlle Mélin, Tilly Metz, Silvia Modig, Dolors Montserrat, Alessandra Moretti, Ville Niinistö, Ljudmila Novak, Grace O’Sullivan, Jutta Paulus, Stanislav Polčák, Jessica Polfjärd, Nicola Procaccini, Luisa Regimenti, Frédérique Ries, María Soraya Rodríguez Ramos, Sándor Rónai, Rob Rooken, Silvia Sardone, Christine Schneider, Günther Sidl, Ivan Vilibor Sinčić, Linea Søgaard-Lidell, Maria Spyraki, Nicolae Ştefănuță, Nils Torvalds, Edina Tóth, Véronique Trillet-Lenoir, Petar Vitanov, Alexandr Vondra, Mick Wallace, Pernille Weiss, Emma Wiesner, Michal Wiezik, Tiemo Wölken, Anna Zalewska

Substitutes present for the final vote

Michael Bloss, Manuel Bompard, Milan Brglez, Stelios Kympouropoulos, Manuela Ripa, Christel Schaldemose, Vincenzo Sofo, Idoia Villanueva Ruiz

Date tabled

20.5.2022

 


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

66

+

NI

Ivan Vilibor Sinčić

PPE

Hildegard Bentele, Alexander Bernhuber, Nathalie Colin‑Oesterlé, Christian Doleschal, Agnès Evren, Adam Jarubas, Ewa Kopacz, Stelios Kympouropoulos,Esther de Lange, Peter Liese, Fulvio Martusciello, Liudas Mažylis, Dolors Montserrat, Ljudmila Novak, Stanislav Polčák, Jessica Polfjärd, Luisa Regimenti, Christine Schneider, Maria Spyraki, Pernille Weiss

Renew

Pascal Canfin, Martin Hojsík, Jan Huitema, Frédérique Ries, María Soraya Rodríguez Ramos, Nicolae Ştefănuță, Linea Søgaard‑Lidell, Nils Torvalds, Véronique Trillet‑Lenoir, Emma Wiesner, Michal Wiezik

S&D

Marek Paweł Balt, Monika Beňová, Simona Bonafè, Milan Brglez, Delara Burkhardt, Sara Cerdas, Mohammed Chahim, Tudor Ciuhodaru, Cyrus Engerer, Jytte Guteland, Javi López, César Luena, Alessandra Moretti, Sándor Rónai, Christel Schaldemose, Günther Sidl, Petar Vitanov, Tiemo Wölken

The Left

Malin Björk, Manuel Bompard, Petros Kokkalis, Silvia Modig, Idoia Villanueva Ruiz, Mick Wallace

Verts/ALE

Margrete Auken, Michael Bloss, Bas Eickhout, Pär Holmgren, Yannick Jadot, Tilly Metz, Ville Niinistö, Grace O'Sullivan, Jutta Paulus, Manuela Ripa

 

9

-

ECR

Sergio Berlato, Pietro Fiocchi, Raffaele Fitto, Nicola Procaccini, Rob Rooken, Vincenzo Sofo, Alexandr Vondra, Anna Zalewska

ID

Sylvia Limmer

 

12

0

ID

Mathilde Androuët, Simona Baldassarre, Aurélia Beigneux, Marco Dreosto, Catherine Griset, Teuvo Hakkarainen, Joëlle Mélin, Silvia Sardone

NI

Edina Tóth

PPE

Traian Băsescu, Marian‑Jean Marinescu

Renew

Andreas Glück

 

Key to symbols:

+ : in favour

- : against

0 : abstention

 

 

[1] OJ C 152, 6.4.2022, p. 152.

[2] Not yet published in the Official Journal.

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