The purpose of this consultation is to seek views on a draft Statutory Instrument to transpose the first stage of EU Directive EC 2008/101 to include aviation in to the European Union Emissions Trading Scheme (EU ETS). Views of interested parties are sought in order to inform transposition of the legislation later this year. The Government is planning to run a second consultation exercise on the transposition of the second set of Regulations towards the end of this year.
In the Future of Air Transport White Paper (2003), the Government set out its sustainable long-term strategy for development of air travel to 2030. The Government continues to support emissions trading as one of the key instruments for reducing emissions from aviation because it guarantees specific environmental outcomes in a way that other instruments do not. Government has lobbied hard in Europe to ensure that aviation joins the EU ETS at the earliest possible opportunity. The scheme will enable emissions reductions to be achieved in the most efficient and cost-effective way.
The Aviation ETS Directive came into force on 2 February 2009. The Government is legally required to transpose the Directive in full by 2 February 2010. However, to comply with requirements in the Directive and in the Monitoring and Reporting Decision, we must transpose the first stage of the Directive by August 2009. The regulations will set up a system so that operators can apply for their free allocation and also require operators to start monitoring their activities and emissions in January 2010 in line with obligations in the Directive.
This consultation is therefore to seek views on the first set of draft implementing Regulations only, and follows on from the consultation that DfT and Defra undertook in March 2007 on the Commission’s proposal to include aviation in the EU ETS. The first set of draft Regulations will apply in England, Wales, Scotland and Northern Ireland, and essentially provide for the following:
- Requirements on aircraft operators to submit a plan setting out how they will monitor emissions and to monitor from 1 January 2010 in accordance with that plan; and,
- A voluntary system for aircraft operators to apply for a free allocation if they fulfil certain conditions.
The European Commission have now published the guidelines for Monitoring, Reporting and Verification, which were in draft format when this consultation was launched. They can be found in the European Commission: Comitology Register.
This consultation closed on 14 May 2009.
Key documents from the consultation, including the Government's response, can be found below.
Post Consultation Documents:
The First Stage Regulations, laid before Parliament, on 27 August 2009, can be downloaded from the Office of Public Sector Information website.
We made the final draft Regulations available on this site on 3 August 2009 to give aircraft operators early sight of the obligations the Regulations would place upon them. This version of the Regulations is no longer available on this site but the final Regulations as laid do not contain material variations from the draft version.