Order 2011-12-10 

 

 

 UNITED STATES OF AMERICA 

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, D.C.

Issued by the Department of Transportation 

on the 16th day of December, 2011

 

Served: December 16, 2011

In the matter of 

The European Union Emissions Trading 

Scheme (ETS) 

Reporting requirement pursuant to 

49 USC 41708(b)(1)(A) – EU Air 

Carriers 

 Docket OST-2011-0230 

 

ORDER 

Under its Emissions Trading Scheme (ETS), the European Union (EU) plans to begin capping 

carbon dioxide (CO2) emissions for aviation activities, starting January 1, 2012, at levels below a 

2004-2006 baseline.1

 Under the scheme, each covered airline and other civil aircraft operator must 

surrender ETS allowances for the total CO2 emissions associated with all flights operated within, 

to, and from EU Member States, Norway, Iceland, and Liechtenstein. 

The U.S. Government continues to strongly object to the inclusion of U.S. aircraft operators under 

the EU legislation on legal and policy grounds, including under provisions of the U.S.-EU Air 

Transport Agreement. Nevertheless, as of now, the EU maintains that U.S. operators remain 

subject to the scheme. 

The Department will now seek certain information related to ETS. 

We, therefore, direct the foreign air carriers named in this order to report the information detailed 

in the Appendix. 

If a carrier believes that any of the required data are commercially sensitive and should be 

withheld from public disclosure, it may file a motion under 14 CFR §302.12. 

The foreign air carriers subject to this order are: 

 

1

 Directive 2008/101/EC. 
Aer Lingus Limited 

Alitalia - Compagnia Aerea Italiana S.p.A 

British Airways PLC 

Deutsche Lufthansa AG 

Iberia Lineas Aereas de Espana Sociedad Anonima Operadora 

KLM Royal Dutch Airlines, N.V 

Scandinavian Airlines System 

Societe Air France 

Virgin Atlantic Airways Limited 

Each foreign air carrier subject to this order shall submit the required information electronically, 

via email, to Paul Gretch, Director, Office of International Aviation, at the following email 

address: Paul.Gretch@dot.gov. Each carrier shall submit the required information by the dates 

specified in the Appendix. 

ACCORDINGLY, 

 

1. Under the provisions of 49 USC 41708(b)(1)(A), we direct Aer Lingus Limited; Alitalia - 

Compagnia Aerea Italiana S.p.A; British Airways PLC; Deutsche Lufthansa AG; Iberia 

Lineas Aereas de Espana Sociedad Anonima Operadora; KLM Royal Dutch Airlines, N.V; 

Scandinavian Airlines System; Societe Air France; and Virgin Atlantic Airways Limited to 

submit reports in the form and manner described in this order; 

2. Each carrier shall submit the required information by the dates specified in the Appendix; 

and 

3. We will serve this order on Aer Lingus Limited; Alitalia - Compagnia Aerea Italiana S.p.A; 

British Airways PLC; Deutsche Lufthansa AG; Iberia Lineas Aereas de Espana Sociedad 

Anonima Operadora; KLM Royal Dutch Airlines, N.V; Scandinavian Airlines System; 

Societe Air France; and Virgin Atlantic Airways Limited; the U.S. Department of State 

(Office of Transportation Affairs); and the Federal Aviation Administration. 

By: 

SUSAN L. KURLAND 

Assistant Secretary for 

 Aviation and International Affairs 

 (SEAL) 

An electronic version of this document is available on the World Wide Web at: 

http://www.regulations.gov
APPENDIX 

DATA REPORTING DATE 

1) Free 2012 allowances allocated January 31, 2012 

2) Free 2012 allowances received, if 

different from 1) (If not different, so 

advise.) 

March 31, 2012 

3) 2010 revenue tonne kilometers reported 

to administering state 

January 31, 2012 

4) 2010 revenue tonne kilometers operated 

on flights between U.S. points and 

points in the EU, Norway, Iceland, and 

Liechtenstein 

January 31, 2012