BETA

45 Amendments of Bas EICKHOUT related to 2021/0207(COD)

Proposal for a directive
Recital 1

(1) Directive 2003/87/EC of the European Parliament and of the Council10 established a system for greenhouse gas emission allowance trading within the Union, in order to promote reductions of greenhouse gas emissions in a cost- effective and economically efficient manner. ~~Aviation activiti~~Emissions from all flights arriving at and departing from Union aerodromes were included in the EU emissions trading system by Directive 2008/101/EC of the European Parliament and of the Council11 ~~. __________________~~. The Court of Justice of the European Union ruled in its judgment of 21 December 20111a that the inclusion of aviation activities in the EU ETS pursuant to that Directive does not violate international law. Flights with origin from or destination to Member States are intrinsic part of the socio- economic activity of the Union and their emissions should therefore be accounted as such. __________________ 1aJudgment of the Court of Justice of 21 December 2011, Air Transport Association of America and Others v. Secretary of State for Energy and Climate Change, C-366/10, ECLI:EU:C:2011:864. 10 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32). 11Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L 8, 13.1.2009, p. 3).

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 1 a (new)

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 2

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 3

(3) The International Civil Aviation Organization (ICAO) Council adopted the First Edition of the International Standards and Recommended Practices on Environmental Protection - Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) (Annex 16, Volume IV to the Chicago Convention) at the tenth meeting of its 214th session on 27 June 2018. The Union and its Member States ~~continue to support CORSIA and are committed to implement it from the start of the~~participate in the CORSIA pilot phase 2021-202313 . __________________ 13Council Decision (EU) 2020/954 of 25 June 2020 on the position to be taken on behalf of the European Union within the International Civil Aviation Organization as regards the notification of voluntary participation in the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) from 1 January 2021 and the option selected for calculating aeroplane operators’ offsetting requirements during the 2021-2023 period (OJ L 212, 3.7.2020, p. 14).

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 7

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 8

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 9

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 9 a (new)

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 10

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 11 a (new)

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 12

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 13

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 14 a (new)

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 17

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

2022/02/18
Committee: ENVI

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.

2022/02/18
Committee: ENVI

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 20

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 21

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 22

(22) In order to ensure uniform conditions for exempting aircraft operators from surrender requirements as laid down in Article 12(8) of Directive 2003/87/EC in respect of emissions from flights to and from countries applying CORSIA in a less stringent manner in its domestic law, or failing to enforce CORSIA provisions in a manner equal to all aircraft operators pursuant to Article 25a(7) of that Directive, implementing powers 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 CouncilThe implementation of the EU ETS scheme for all flights departing from and arriving at Union aerodromes will result in equal treatment and simple rules for all aircraft operators.

2022/02/18
Committee: ENVI

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 24

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

2022/02/18
Committee: ENVI

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

2022/02/18
Committee: ENVI

Proposal for a directive
Recital 26

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

2022/02/18
Committee: ENVI

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~~.

2022/02/18
Committee: ENVI

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

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

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

2022/02/18
Committee: ENVI

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

2022/02/18
Committee: ENVI

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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.’,

2022/02/16
Committee: ENVI

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

Directive 2003/87/EC
Article 3 e

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

2022/02/16
Committee: ENVI

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;

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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 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).deleted

2022/02/16
Committee: ENVI

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

2022/02/16
Committee: ENVI

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

Directive 2003/87/EC
Article 28 b

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

2022/02/16
Committee: ENVI

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

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

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

2022/02/16
Committee: ENVI

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

Directive 2003/87/EC
Annex II

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

2022/02/16
Committee: ENVI