II 

Calendar No. 484 

112TH CONGRESS 

2D SESSION S. 1956 

[Report No. 112–195] 

To prohibit operators of civil aircraft of the United States from participating 

in the European Union’s emissions trading scheme, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 7, 2011 

Mr. THUNE (for himself, Mr. WICKER, Mr. ISAKSON, Mr. ENZI, Mr. BOOZMAN, Mr. JOHANNS, Mrs. MCCASKILL, Mr. RUBIO, Mr. BLUNT, Mrs. 

HUTCHISON, Mr. ROBERTS, Mr. NELSON of Florida, and Mrs. HAGAN) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

AUGUST 2, 2012 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To prohibit operators of civil aircraft of the United States 

from participating in the European Union’s emissions 

trading scheme, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘European Union Emis3 sions Trading Scheme Prohibition Act of 2011’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The European Union has unilaterally im7 posed an emissions trading scheme (in this section 

8 referred to as the ‘‘ETS’’) on non-European Union 

9 aircraft flying to and from, as well as within, Eu10 rope. 

11 (2) United States airlines and other United 

12 States aircraft operators will be required under the 

13 ETS to pay for European Union emissions allow14 ances for aircraft operations within the United 

15 States, over other non-European Union countries, 

16 and in international airspace for flights serving the 

17 European Union. 

18 (3) The European Union’s extraterritorial ac19 tion is inconsistent with long-established inter20 national law and practice, including the Chicago 

21 Convention of 1944 and the Air Transport Agree22 ment between the United States and the European 

23 Union and its member states, and directly infringes 

24 on the sovereignty of the United States. 

25 (4) The European Union’s action undermines 

26 ongoing efforts at the International Civil Aviation 


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1 Organization to develop a unified, worldwide ap2 proach to reducing aircraft greenhouse gas emissions 

3 and has generated unnecessary friction within the 

4 international civil aviation community as it endeav5 ors to reduce such emissions. 

6 (5) The European Union and its member states 

7 should instead work with other contracting states of 

8 the International Civil Aviation Organization to de9 velop such an approach. 

10 (6) There is no assurance that ETS revenues 

11 will be used for aviation environmental purposes by 

12 the European Union member states that will collect 

13 them. 

14 (7) The United States Government expressed 

15 these and other serious objections relating to the 

16 ETS to representatives of the European Union and 

17 its member states during June 2011, but has not re18 ceived satisfactory answers to those objections. 

19 SEC. 3. PROHIBITION ON PARTICIPATION IN THE EURO20 PEAN UNION’S EMISSIONS TRADING SCHEME. 

21 The Secretary of Transportation shall prohibit an op22 erator of a civil aircraft of the United States from partici23 pating in any emissions trading scheme unilaterally estab24 lished by the European Union in any case in which the 


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1 Secretary determines the prohibition to be, and in a man2 ner that is, in the public interest. 

3 SEC. 4. NEGOTIATIONS. 

4 The Secretary of Transportation, the Administrator 

5 of the Federal Aviation Administration, and other appro6 priate officials of the United States Government shall, as 

7 appropriate, use their authority to conduct international 

8 negotiations and take other actions in the public interest 

9 to ensure that operators of civil aircraft of the United 

10 States are held harmless from any emissions trading 

11 scheme unilaterally established by the European Union. 

12 SEC. 5. CIVIL AIRCRAFT OF THE UNITED STATES DEFINED. 

13 In this Act, the term ‘‘civil aircraft of the United 

14 States’’ has the meaning given that term under section 

15 40102(a) of title 49, United States Code. 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘European Union Emis18 sions Trading Scheme Prohibition Act of 2011’’. 

19 SEC. 2. PROHIBITION ON PARTICIPATION IN THE EURO20 PEAN UNION’S EMISSIONS TRADING SCHEME. 

21 (a) IN GENERAL.—The Secretary of Transportation 

22 shall prohibit an operator of a civil aircraft of the United 

23 States from participating in the emissions trading scheme 

24 unilaterally established by the European Union in EU Di25 rective 2003/87/EC of October 13, 2003, as amended, in any 


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1 case in which the Secretary determines the prohibition to 

2 be, and in a manner that is, in the public interest, taking 

3 into account— 

4 (1) the impacts on U.S. consumers, U.S. car5 riers, and U.S. operators; 

6 (2) the impacts on the economic, energy, and en7 vironmental security of the United States; and 

8 (3) the impacts on U.S. foreign relations, includ9 ing existing international commitments. 

10 (b) PUBLIC HEARING.—After determining that a pro11 hibition under this section may be in the public interest, 

12 the Secretary must hold a public hearing at least 30 days 

13 before imposing any prohibition. 

14 SEC. 3. NEGOTIATIONS. 

15 The Secretary of Transportation, the Administrator of 

16 the Federal Aviation Administration, and other appro17 priate officials of the United States Government— 

18 (1) should, as appropriate, use their authority to 

19 conduct international negotiations, including using 

20 their authority to conduct international negotiations 

21 to pursue a worldwide approach to address aircraft 

22 emissions; and 

23 (2) shall, as appropriate, take other actions 

24 under existing authorities that are in the public in25 terest necessary to hold operators of civil aircraft of 


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1 the United States harmless from the emissions trading 

2 scheme referred to under section 2. 

3 SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED 

4 STATES. 

5 In this Act, the term ‘‘civil aircraft of the United 

6 States’’ has the meaning given the term under section 

7 40102(a) of title 49, United States Code. 


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rfrederick on DSK6VPTVN1PROD with BILLS
Calendar No. 484 

112TH CONGRESS 

2D SESSION S. 1956 

[Report No. 112–195] 

A BILL 

To prohibit operators of civil aircraft of the United 

purposes. Union’s emissions trading scheme, and for other States from participating in the European 

AUGUST 2, 2012 

Reported with an amendment 


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