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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘European Union Emis-
sions Trading Scheme Prohibition Act of 2011’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The European Union has unilaterally im-
posed an emissions trading scheme (in this section 
referred to as the ‘‘ETS’’) on non-European Union 
aircraft flying to and from, as well as within, Eu-
rope. 
(2) United States airlines and other United 
States aircraft operators will be required under the 
ETS to pay for European Union emissions allow-
ances for aircraft operations within the United 
States, over other non-European Union countries, 
and in international airspace for flights serving the 
European Union. 
(3) The European Union’s extraterritorial ac-
tion is inconsistent with long-established inter-
national law and practice, including the Chicago 
Convention of 1944 and the Air Transport Agree-
ment between the United States and the European 
Union and its member states, and directly infringes 
on the sovereignty of the United States. 
(4) The European Union’s action undermines 
ongoing efforts at the International Civil Aviation 
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Organization to develop a unified, worldwide ap-
proach to reducing aircraft greenhouse gas emissions 
and has generated unnecessary friction within the 
international civil aviation community as it endeav-
ors to reduce such emissions. 
(5) The European Union and its member states 
should instead work with other contracting states of 
the International Civil Aviation Organization to de-
velop such an approach. 
(6) There is no assurance that ETS revenues 
will be used for aviation environmental purposes by 
the European Union member states that will collect 
them. 
(7) The United States Government expressed 
these and other serious objections relating to the 
ETS to representatives of the European Union and 
its member states during June 2011, but has not re-
ceived satisfactory answers to those objections. 
SEC. 3. PROHIBITION ON PARTICIPATION IN THE EURO-
PEAN UNION’S EMISSIONS TRADING SCHEME. 
The Secretary of Transportation shall prohibit an op-
erator of a civil aircraft of the United States from partici-
pating in any emissions trading scheme unilaterally estab-
lished by the European Union. 
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SEC. 4. NEGOTIATIONS. 
The Secretary of Transportation, the Administrator 
of the Federal Aviation Administration, and other appro-
priate officials of the United States Government shall use 
their authority to conduct international negotiations and 
take other actions necessary to ensure that operators of 
civil aircraft of the United States are held harmless from 
any emissions trading scheme unilaterally established by 
the European Union. 
SEC. 5. CIVIL AIRCRAFT OF THE UNITED STATES DEFINED. 
In this Act, the term ‘‘civil aircraft of the United 
States’’ has the meaning given that term under section 
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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