IIB 

112TH CONGRESS 

1ST SESSION H. R. 2594 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Received 

DECEMBER 17, 2011 

Read twice and referred to the Committee on Commerce, Science, and 

Transportation 

AN ACT 

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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HR 2594 RFS

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. 

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1 SEC. 4. NEGOTIATIONS. 

2 The Secretary of Transportation, the Administrator 

3 of the Federal Aviation Administration, and other appro4 priate officials of the United States Government shall use 

5 their authority to conduct international negotiations and 

6 take other actions necessary to ensure that operators of 

7 civil aircraft of the United States are held harmless from 

8 any emissions trading scheme unilaterally established by 

9 the European Union. 

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

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

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

13 40102(a) of title 49, United States Code. 

Passed the House of Representatives October 24, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 

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