IB 

Union Calendar No. 151 

112TH CONGRESS 

1ST SESSION H. R. 2594 

[Report No. 112–232, Part I] 

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 

OCTOBER 5, 2011 

Additional sponsors: Mrs. SCHMIDT, Mr. COBLE, Mr. GUINTA, Mr. BUCSHON, 

Mr. LANKFORD, Mr. GARY G. MILLER of California, Mr. MEEHAN, Mr. 

LONG, Mr. CRAWFORD, Mrs. MILLER of Michigan, Mr. FARENTHOLD, 

Mr. BURGESS, Mr. FLEISCHMANN, Mr. BARLETTA, Mr. GRAVES of Missouri, Mr. CRAVAACK, Mr. LARSEN of Washington, Mr. DEFAZIO, Mr. 

SENSENBRENNER, Mr. FILNER, Ms. BROWN of Florida, Mr. 

SOUTHERLAND, Mr. HARRIS, Mr. LOBIONDO, Mrs. LUMMIS, Mrs. CAPITO, and Mr. RIBBLE

OCTOBER 5, 2011 

Reported from the Committee on Transportation and Infrastructure 

OCTOBER 5, 2011 

The Committee on Foreign Affairs discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 


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•HR 2594 RH

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. 


emcdonald on DSK5VPTVN1PROD with BILLS
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•HR 2594 RH

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: 

8 (1) The European Union has unilaterally im9 posed an emissions trading scheme (in this section 

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

11 aircraft flying to and from, as well as within, Eu12 rope. 

13 (2) United States airlines and other United 

14 States aircraft operators will be required under the 

15 ETS to pay for European Union emissions allow16 ances for aircraft operations within the United 

17 States, over other non-European Union countries, 

18 and in international airspace for flights serving the 

19 European Union. 

20 (3) The European Union’s extraterritorial ac21 tion is inconsistent with long-established inter22 national law and practice, including the Chicago 

23 Convention of 1944 and the Air Transport Agree24 ment between the United States and the European 


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•HR 2594 RH

1 Union and its member states, and directly infringes 

2 on the sovereignty of the United States. 

3 (4) The European Union’s action undermines 

4 ongoing efforts at the International Civil Aviation 

5 Organization to develop a unified, worldwide ap6 proach to reducing aircraft greenhouse gas emissions 

7 and has generated unnecessary friction within the 

8 international civil aviation community as it endeav9 ors to reduce such emissions. 

10 (5) The European Union and its member states 

11 should instead work with other contracting states of 

12 the International Civil Aviation Organization to de13 velop such an approach. 

14 (6) There is no assurance that ETS revenues 

15 will be used for aviation environmental purposes by 

16 the European Union member states that will collect 

17 them. 

18 (7) The United States Government expressed 

19 these and other serious objections relating to the 

20 ETS to representatives of the European Union and 

21 its member states during June 2011, but has not re22 ceived satisfactory answers to those objections. 


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•HR 2594 RH

1 SEC. 3. PROHIBITION ON PARTICIPATION IN THE EURO2 PEAN UNION’S EMISSIONS TRADING SCHEME. 

3 The Secretary of Transportation shall prohibit an op4 erator of a civil aircraft of the United States from partici5 pating in any emissions trading scheme unilaterally estab6 lished by the European Union. 

7 SEC. 4. NEGOTIATIONS. 

8 The Secretary of Transportation, the Administrator 

9 of the Federal Aviation Administration, and other appro10 priate officials of the United States Government shall use 

11 their authority to conduct international negotiations and 

12 take other actions necessary to ensure that operators of 

13 civil aircraft of the United States are held harmless from 

14 any emissions trading scheme unilaterally established by 

15 the European Union. 

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

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

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

19 40102(a) of title 49, United States Code. 


emcdonald on DSK5VPTVN1PROD with BILLS
Union Calendar No. 151 

112TH CONGRESS 

1ST SESSION H. R. 2594 

[Report No. 112–232, Part I] 

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 

OCTOBER 5, 2011 

Reported from the Committee on Transportation and 

Infrastructure 

OCTOBER 5, 2011 

The Committee on Foreign Affairs discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


emcdonald on DSK5VPTVN1PROD with BILLS