I 

112TH CONGRESS 

1ST SESSION H. R. 2594 

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 HOUSE OF REPRESENTATIVES 

JULY 20, 2011 

Mr. MICA (for himself, Mr. RAHALL, Mr. PETRI, Mr. COSTELLO, Mr. 

HULTGREN, Mr. DUNCAN of Tennessee, Mr. SHUSTER, Ms. RICHARDSON, 

Mr. HOLDEN, and Mr. PIERLUISI) introduced the following bill; which 

was referred to the Committee on Transportation and Infrastructure, and 

in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘European Union Emis5 sions Trading Scheme Prohibition Act of 2011’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The European Union has unilaterally im2 posed an emissions trading scheme (in this section 

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

4 aircraft flying to and from, as well as within, Eu5 rope. 

6 (2) United States airlines and other United 

7 States aircraft operators will be required under the 

8 ETS to pay for European Union emissions allow9 ances for aircraft operations within the United 

10 States, over other non-European Union countries, 

11 and in international airspace for flights serving the 

12 European Union. 

13 (3) The European Union’s extraterritorial ac14 tion is inconsistent with long-established inter15 national law and practice, including the Chicago 

16 Convention of 1944 and the Air Transport Agree17 ment between the United States and the European 

18 Union and its member states, and directly infringes 

19 on the sovereignty of the United States. 

20 (4) The European Union’s action undermines 

21 ongoing efforts at the International Civil Aviation 

22 Organization to develop a unified, worldwide ap23 proach to reducing aircraft greenhouse gas emissions 

24 and has generated unnecessary friction within the 


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1 international civil aviation community as it endeav2 ors to reduce such emissions. 

3 (5) The European Union and its member states 

4 should instead work with other contracting states of 

5 the International Civil Aviation Organization to de6 velop such an approach. 

7 (6) There is no assurance that ETS revenues 

8 will be used for aviation environmental purposes by 

9 the European Union member states that will collect 

10 them. 

11 (7) The United States Government expressed 

12 these and other serious objections relating to the 

13 ETS to representatives of the European Union and 

14 its member states during June 2011, but has not re15 ceived satisfactory answers to those objections. 

16 SEC. 3. PROHIBITION ON PARTICIPATION IN THE EURO17 PEAN UNION’S EMISSIONS TRADING SCHEME. 

18 The Secretary of Transportation shall prohibit an op19 erator of a civil aircraft of the United States from partici20 pating in any emissions trading scheme unilaterally estab21 lished by the European Union. 

22 SEC. 4. NEGOTIATIONS. 

23 The Secretary of Transportation, the Administrator 

24 of the Federal Aviation Administration, and other appro25 priate officials of the United States Government shall use 


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1 their authority to conduct international negotiations and 

2 take other actions necessary to ensure that operators of 

3 civil aircraft of the United States are held harmless from 

4 any emissions trading scheme unilaterally established by 

5 the European Union. 

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

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

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

9 40102(a) of title 49, United States Code. 

Æ 


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