Decision 2013/377 - Decision 377/2013/EU derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the EC - Main contents
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official title
Decision No 377/2013/EU of the European Parliament and of the Council of 24 April 2013 derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community Text with EEA relevance| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2013/377 |
| Original proposal | COM(2012)697  |
| CELEX number i | 32013D0377 |
| Document | 24-04-2013 |
|---|---|
| Publication in Official Journal | 25-04-2013; OJ L 113, 25.4.2013,Special edition in Croatian: Chapter 15 Volume 031 |
| Effect | 24-04-2013; Application See Art 6 25-04-2013; Entry into force Date pub. See Art 6 |
| End of validity | 31-12-9999 |
25.4.2013 |
EN |
Official Journal of the European Union |
L 113/1 |
DECISION No 377/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 April 2013
derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The aviation sector has a strong international character. A global approach to addressing the rapidly growing emissions from international aviation would therefore be the preferred and most effective way of reducing aviation emissions. |
(2) |
The United Nations Framework Convention on Climate Change (UNFCCC) requires all parties to formulate and implement national and, where appropriate, regional programmes containing measures to mitigate climate change. |
(3) |
The Union is committed to reducing its CO2 emissions, including emissions from aviation. All sectors of the economy should contribute to achieving those emission reductions. |
(4) |
The negotiation of all Union aviation agreements with third countries should be aimed at safeguarding the Union’s flexibility to take action in respect of environmental issues, including with regard to measures to mitigate the impact of aviation on climate change. |
(5) |
Progress has been made in the International Civil Aviation Organisation (ICAO) towards the adoption, at the 38th session of the ICAO Assembly which will be held from 24 September to 4 October 2013, of a global framework for emissions reduction policy which facilitates the application of market-based measures to emissions from international aviation, and on the development of a global market-based measure (MBM). Such a framework could make a significant contribution to the reduction of national, regional and global CO2 emissions. |
(6) |
In order to facilitate this progress and provide momentum, it is desirable to defer the enforcement of requirements arising prior to the 38th session of the ICAO Assembly and relating to flights to and from aerodromes in countries outside the Union that are not members of the European Free Trade Association (EFTA), dependencies and territories of States in the European Economic Area (EEA) or countries having signed a Treaty of Accession with the Union. Action should therefore not be taken against aircraft operators in respect of the requirements resulting from Directive 2003/87/EC of the European Parliament and of the Council (3) for the reporting of verified emissions for the calendar years 2010, 2011 and 2012 and for the corresponding surrender of allowances for 2012 from flights to and from such aerodromes. Aircraft operators who wish to continue to comply with those requirements should be able to do so. |
(7) |
In order to avoid distortions of competition, the derogation provided for by this Decision should only apply in respect of aircraft operators that have either not received or have returned all free allowances which have been issued in respect of such activities occurring in 2012. For the same reason, those allowances should not be taken into account for the purposes of calculating entitlements to use international credits within the framework of Directive 2003/87/EC. |
(8) |
2012 aviation allowances that are not issued to such aircraft operators or... |
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