BETA

Activities of Jakop G. DALUNDE related to 2021/0207(COD)

Shadow opinions (1)

2022/04/28
Committee: TRAN
Dossiers: 2021/0207(COD)
Documents: PDF(254 KB) DOC(189 KB)
Authors: [{'name': 'Jan-Christoph OETJEN', 'mepid': 197432}]

Amendments (43)

Jakop G. DALUNDE

Proposal for a directive
Recital 1

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. ~~Aviation activiti~~Emissions from all flights arriving at and departing from Union aerodromes were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 . The Court of Justice of the European Union ruled in its judgement of 21 December 201111a that the inclusion of aviation activities in the EU ETS pursuant to that Directive does not violate international law. Flights with origin in, or destination to, Member States are an intrinsic part of the socioeconomic activity of the Union and their emissions should therefore be accounted for as such. _________________ 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3). 11a Judgment of the Court of Justice of 21 December 2011, Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change, C-366/10, ECLI:EU:C:2011:864.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 1 a (new)

(1a) In 2012 it was decided that EU ETS would temporarily only cover flights between aerodromes within the European Economic Area, in the so-called ‘stop the clock’ measure1a in order to facilitate progress at the ICAO on the establishment of a global framework. The last derogation, introduced by Regulation (EU) 2017/2392, applies until the year 2023. A decade later, some progress has been achieved with the establishment of CORSIA, but its geographical scope and level of ambition is not sufficiently guaranteed at the moment to ensure the mechanism will be an effective tool to reach the EU climate targets and the Paris Agreement ambitions at international level. In view of the status quo and of the climate emergency, it is legitimate that the Union puts an end to its “Stop the clock” decision. _________________ 1aDecision 377/2013/EU of the European Parliament and of the Council of 19 November 2008 of 24 April 2013, derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community , (OJ L 113, 25.4.2013, p. 1)

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 2

(2) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”)12 . The parties to the Paris Agreement have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, including international aviation. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4)By adopting the Glasgow Climate Pact in November 2021, its Parties recognised that keeping the increase in the global average temperature to 1,5°C above pre- industrial levels would significantly reduce the risks and impacts of climate change, and committed to strengthen their 2030 targets by the end of 2022 in order to accelerate climate action in this critical decade and to close the ambition gap to the 1,5°C target. In order to achieve the objectives of the Paris Agreement, all sectors of the economy need to contribute to achieving emission reductions, in particular international aviation, as it is one of the fastest growing sources of greenhouse gas emissions. Between 1990 and 2018, total EU aviation emissions grew from 1.5% of EU emissions to 3.6%, not accounting for non-CO2 greenhouse gas emissions which has a significant climate effect. In 2018, Eurocontrol projected an annual increase in European aviation emissions by 53% by 2040 compared to 20171a. The COVID-19 pandemic is not predicted to significantly impact this dominant upward trend. _________________ 12 Paris Agreement (OJ L 282, 19.10.2016, p. 4). 1a Eurocontrol. 2018. European aviation until 2040: Challenges of Growth. Available at: https://www.eurocontrol.int/sites/default/fi les/2019-07/challenges-of-growth-2018- annex1_0.pdf.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 9

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 10 a (new)

(10a) Significant funds from the auction revenues should be invested towards a modal shift from aviation and towards more sustainable transport modes such as rail, in particular to substitute short-haul flights which are unsustainable and replaceable by nature. A modal shift away from aviation transport is an essential tool to reduce intra-EU transport emissions.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 11 a (new)

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 12

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 13

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 14

(14) Directive 2003/87/EC should also be amended with regard to acceptable compliance units, to take into account the Unit Eligibility Criteria adopted by the ICAO Council at its 216th session in March 2019 as an essential element of CORSIA. Airlines based in the Union should be able to use international credits for compliance for flights to or from third countries that are considered to be participating in CORSIA. To ensure that the Union’s CORSIA implementation supports the Paris Agreement goals and gives incentives for broad participation to CORSIA, thFor flights between the Union and third countries that are considered to be participating in CORSIA airlines deciding to subtract the financial value of CORSIA credits from ETS allowances, regardless of whether they are based in the Union or not, should use credits ~~should~~which originate from states that are parties to the Paris Agreement and that participate in CORSIA, and double counting of credits should be avoided. This will ensure that the Union’s CORSIA implementation is in alignment with the Paris Agreement.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 14 a (new)

(14a) Discrepancies may further emerge regarding the quality of the different programmes accepted within the CORSIA scheme, given the fact that they encompass different sectors, widespread geographical locations and projects of very different nature for eligible offset credits, leading as well to relevant price disparities for the same reduction units, evolving with time. There are significant concerns around additionality and verification of the deforestation and forest degradation prevention projects included in CORSIA, as well as concerns of these projects negatively affecting indigenous communities.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 17

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 17 a (new)

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 19

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 20

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 22

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 23

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 24

(24) In order to ensure a level playing field on routes between two third countries implementing CORSIA, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of accepting other credits on those routes. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making20 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. _________________ 20deleted OJ L 123, 12.5.2016, p.1.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 25

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 26 a (new)

(26a) Aviation has a significant impact on the global climate through releases of carbon dioxide, nitrogen oxides (NOx), water vapour, sulphate and soot particles. The Report from the Commission to the European Parliament and the Council “Updated analysis of the non-CO2 climate impacts of aviation and potential policy measures pursuant to EU Emissions Trading System Directive Article 30(4)’’ confirmed that the climate impact of aviation activities is more than twice as large as that caused by only the aviation sector’s CO2 emissions.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 26 b (new)

(26b) Studies show non-CO2 effects may account to as much as 75% of the total climate impact of aviation activities. In accordance with Article 172(4) of the Treaty, the Union’s environmental policy is to be based on the precautionary principle, and Directive (2008/101/EC) already called for addressing the non- CO2 impacts of aviation. Given this, and as non-CO2 emissions are short-lived, EU regulatory measures are urgently needed to achieve significant and immediate reductions of emissions and keep the Paris 1.5 C target within reach.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 26 c (new)

(26c) This Directive introduces price incentives for the aviation industry to adopt technological and operational measures that reduce non-CO2 emissions and their climate impact, also by taking into account the higher altitude effect. As a temporary measure, a multiplier of at least x2 should initially be applied to every tonne of CO2 emitted.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 26 d (new)

(26d) The Commission should set up a pilot monitoring, reporting and verification (MRV) system for non-CO2 emissions and allow participating aircraft operators to be exempted from the payment of the multiplier. Building on such a pilot system, the Commission should then establish proper MRV requirements and ETS pricing for such emissions. The Commission should explore the possibilities of including the higher altitude effect of non-CO2 emissions in such a pilot and in future MRV requirements.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

Proposal for a directive
Recital 26 e (new)

(26e) Requirements introduced by the “Refuel EU Aviation” legislation for the uptake of Sustainable Aviation Fuels, should be complemented with requirements to reduce aromatics and sulphur content in conventional jet fuel, with the aim to quickly reduce contrail and soot emissions significantly, thus improving also air quality around airports.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

5. The Commission shall determine the total quantity of allowances to be allocated in respect of aircraft operators for the year 2024 on the basis of the total allocation of allowances in respect of aircraft operators that were performing aviation activities falling within Annex I in the year 2023, reduced by the linear reduction factor specified in Article 9, and shall publish that quantity~~, as well as the quantity of free allocation which would have taken place in 2024 if the rules for free allocation were not updated~~.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 3 d

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 3 f

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

(b) paragraphs (4) isand (5) are deleted,

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 12 – paragraph 5 a (new)

(-a) In Article 12, the following paragraph 5a (new) is added: 5a. As long as there are no Union measures in place to take into account and effectively reduce the climate impact of non-CO2 emissions generated by aircraft operators carrying out an aviation activity listed in Annex I, for the purposes of the paragraph 3(b), the amount of carbon dioxide from fossil fuel which an allowance permits an aircraft operator to emit shall be divided by an impact factor of 2.' Once a non-CO2 carbon pricing mechanism is phased in, participating aircraft operators shall no longer be required to surrender two allowances to cover for their non-CO2 effects, but shall surrender the amount of allowances required to cover for the CO2 equivalents of their non-CO2 effects.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 12 – paragraph 5 b (new)

(-b) In Article 12, the following paragraph 5b (new) is added: 5b. By June 2024, the Commission, in cooperation with EASA and EEA, shall establish a pilot Monitoring, Reporting and Verification scheme of the maximum duration of 24 months with the objective to build solid MRV methods adapted to the specificities of non-CO2 emissions and their climate effects and to develop robust CO2 equivalence calculation methods for non-CO2 effects. Aircraft operators adhering to this scheme shall be exempted from the payment of the multiplier referred to in the first subparagraph. The scheme shall explore how to include the higher altitude effect of non-CO2 emissions in the calculations in an effective manner. The pilot MRV shall ensure that at least the following data at cruising altitude is monitored, reported and verified: - Fuel flow - Mass of aircraft - Ambient humidity - Latitude, longitude and altitude - Humidity and temperature - Emission indices for CO2, H2O and NOx - CO2 equivalents per flight

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 12 – paragraph 5 c (new)

(-c ) In Article 12, the following paragraph 5c (new) is added: 5c. By 1 January 2025, the Commission shall present a report to the Parliament and the Council on the results of the MRV pilot project and specifying the amount of ETS allowances required to cover for the CO2 equivalent per flight calculated under its pilot MRV. The report shall be accompanied by a legislative proposal to amend the present Directive to introduce MRV requirements for non-CO2 aviation emissions as well as to expand the scope of the ETS to non- CO2 aviation emissions, in order for a carbon pricing mechanism to be phased in as of 2025.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Article 25 a – paragraph 5

5. In respect of emissions occurring until 31 December 2026 from flights between the EEA and countries that are not listed in the implementing act adopted pursuant to paragraph 3, ~~other than flights to Switzerland and the United Kingdom,~~ aircraft operators shall ~~not~~ be required to cancel units.

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

7. Where the Commission determines that there is a significant distortion of competition which is detrimental to aircraft operators that hold an air operator certificate issued by a Member State or is registered in a Member State, including in the outermost regions, dependencies and territories of that Member State, the Commission shall be empowered to adopt implementing acts to exempt those aircraft operators from surrender requirements as laid down in Article 12(8) in respect of emissions from flights to and from such countriesFrom 2027, on a yearly basis or whenever evidence is presented, the Commission shall assess whether there is a significant distortion of competition due to a non-compliance with, or a less stringent application in its domestic law of, CORSIA by a third country, or when it is determined, on the basis of available facts, that a threat of injury which results from such non-compliance or such a less stringent application and is detrimental to aircraft operators that hold an air operator certificate issued by a Member State exist. The distortion of competition or threat of injury may be caused by a third country applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in ~~a manner equal to all aircraft operators. Those implementing acts shall be adopted~~the same manner for all aircraft operators. Where the assessment confirms that distortion of competition or a threat to injury exist and result from non-compliance with or a less stringent application of CORSIA by a third country, the Commission shall take measures to apply EU ETS in respect of emissions from flights to and from the EEA operated by aircraft operators from a non-compliant third country, for as long as the compliance is not assured. Implementing acts for that purpose shall be adopted by the Commission in accordance with the examination procedure referred to in Article 22a(2).

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

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

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

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Annex I

(10a) In Annex I, in the table, the column ‘Greenhouse gases’ relating to the entry ‘Aviation’ is amended as follows: Carbon dioxide, oxides of nitrogen (NOx), soot particles, oxidised sulphur species, and water vapour

2022/02/21
Committee: TRAN

Jakop G. DALUNDE

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

Directive 2003/87/EC
Annex II

(10b) In Annex II the following text is added: Oxides of nitrogen (NOx) Soot particles Oxidised sulphur species Water vapour, from an aircraft performing an aviation activity listed in Annex I.

2022/02/21
Committee: TRAN