Proposal for a Directive of the European Parliament and of the Council amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community {SEC(2006) 1684} {SEC(2006) 1685}
Date: 2006-12-20
Institutions: European Commission
Subjects: EU environmental policy, air transport, civil aviation, climate change, environmental impact, greenhouse gas, reduction of gas emissions, tradeable emission permit

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.12.2006 
COM(2006) 818 final 

2006/0304 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2003/87/EC so as to include aviation activities in the scheme for 
greenhouse gas emission allowance trading within the Community 

(presented by the Commission) 

{SEC(2006) 1684} 
{SEC(2006) 1685} 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL  

•  Grounds for and objectives of the proposal 

Air transport has become an integral part of society in the 21st century, enabling both 
passengers  and  freight  to  travel  long  distances  at  an  unprecedented  speed  and 
contributing  to  European  and  global  integration.  Unfortunately,  aviation  also 
contributes  to  climate  change.  In  2004  greenhouse  gas  emissions  from  the 
Community's  share  of  international  aviation  increased  by  a  further  7.5%  compared 
with  2003,  resulting  in  a  cumulative  growth  of  87%  since  1990.  If  this  continues, 
there  is  a  risk  that  growth  in  the  Community's  share  of  international  aviation 
emissions could by 2012 offset more than a quarter of the environmental benefits of 
the reductions required by the Community's target under  the  Kyoto  Protocol. Since 
international aviation is not yet covered by the Kyoto Protocol, this growth currently 
has  no  legal  implications.  Nonetheless,  this  does  not  lessen  its  environmental 
implications which will have to be addressed as part of any effective forward-looking 
climate policy. 

The  objective  of  this  proposal  is  to  address  the  growing  climate  change  impact 
attributable  to  aviation  by  including  aviation  in  the  Community  emissions  trading 
scheme (the "Community scheme"). 

•  General context 

in 

On 27 September 2005 the Commission adopted a Communication on Reducing the 
Climate  Change  Impact  of  Aviation.  The  key  conclusion  drawn 
the 
Communication  was  that,  in  view  of  the  likely  future  growth  in  air  traffic,  further 
policies and measures are needed to address the climate impact of aviation. Having 
analysed  a  number  of  options,  the  Commission  decided  to  pursue  a  new  market-
based instrument at Community level in preference to other financial measures such 
as  tax  and  charges  and  considered  that  "…the  best  way  forward  from  an  economic 
and environmental point of view, lies in including the climate impact of the aviation 
sector in the [Community] scheme". On the basis of this conclusion, the Commission 
announced that it intended to present a legislative proposal to this effect and invited 
the other Community institutions to consider the policy and design recommendations 
made  in  the  Communication.  The  present  proposal  aims  at  implementing  this  key 
pillar of the strategy without affecting its other means of addressing climate change 
through a comprehensive approach based on improved technology and utilisation of 
aircraft (including improvements in air traffic management, research etc.)1. 

On  2  December  2005  the  Council  of  Environment  Ministers  adopted  conclusions 
recognising that the inclusion of the aviation sector in the Community scheme seems 
to be the best way forward and urged the Commission to bring forward a legislative 
proposal by the end of 2006. The European Council confirmed the key conclusions 
reached by the Environment Council. On 21 April 2006 the European Economic and 

1 

See in particular section 5 of COM(2005) 459. 

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Social Committee adopted an opinion on the Communication expressing its view that 
inclusion of aviation in the Community scheme could be a very feasible option. On 4 
July  2006 
the 
Commission's  Communication  and  recognising  that  emissions  trading  has  the 
potential  to  play  a  role  as  part  of  a  comprehensive  package  of  measures  to  address 
the climate impact of aviation, provided it is appropriately designed.  

the  European  Parliament  adopted  a  Resolution  welcoming 

The  ultimate  objective  of  the  United  Nations  Framework  Convention  on  Climate 
Change is to stabilise greenhouse gas concentrations in the atmosphere at a level that 
would  prevent  dangerous  anthropogenic  interference  with  the  climate  system.  The 
Community  has  repeatedly  stated  that  the  overall  global  annual  mean  surface 
temperature increase  should  not exceed 2°C above pre-industrial levels. All sectors 
of the Community economy should be subject to policies and measures designed to 
generate the substantial reductions in greenhouse gas emissions compared with 1990 
levels which are needed to meet this target.  

The  limitation  and  reduction  targets  adopted  under  the  Kyoto  Protocol  include 
emissions  from  domestic  aviation  but  not  emissions  from  international  flights. 
Instead the Kyoto Protocol places an obligation on the parties to "pursue limitation 
or  reduction  of  emissions  of  greenhouse  gases…from  aviation…bunker  fuels, 
working  through  the  International  Civil  Aviation  Organization…".  At  the  sixth 
meeting  of  the  ICAO  Committee  on  Aviation  Environmental  Protection  in  2004,  it 
was agreed that an aviation-specific emissions trading system based on a new legal 
instrument  under  ICAO  auspices  "…seemed  sufficiently  unattractive  that  it  should 
not  be  pursued  further".  However,  Resolution  35-5  of  the  ICAO  Assembly  instead 
endorsed  open  emissions  trading  and  requested  the  development  of  non-binding 
guidance for use by states, as appropriate, to incorporate emissions from international 
aviation into their emissions trading schemes. The Commission and Member States 
are participating in and supporting this work which is scheduled  for  finalisation  by 
ICAO  in  2007.  The  ICAO  Assembly  in  September  2007  will  discuss  this  issue.  In 
any case, this proposal is not expected to enter into force before that date. The final 
ICAO  guidance  will  be  taken  into  account,  as  appropriate,  during  the  co-decision 
procedure. The objective of this proposal is to provide a model for aviation emissions 
trading  that  can  be  a  point  of  reference  in  the  EU's  contacts  with  key  international 
partners  and  to  promote  the  development  of  similar  systems  worldwide.  The 
Commission  also  supports  the  objective  of  a  global  agreement  aimed  at  effectively 
tackling aviation emissions at global level. 

•  Existing provisions in the area of the proposal 

Directive 2003/87/EC of the European Parliament and of the Council establishing a 
scheme  for  greenhouse  gas  emission  allowance  trading  within  the  Community  and 
amending  Council  Directive  96/61/EC  (as  amended).  This  proposal  aims  to  amend 
Directive 2003/87/EC to include aviation in the Community scheme. 

•  Consistency with other policies and objectives of the Union  

The proposal aims to protect, preserve and improve the quality of the environment by 
reducing  the  climate  impact  of  aviation.  It  is  consistent  with  the  common  transport 
policy as it encourages the sustainable development of air transport. 

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2. 

CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The September 2005 Communication was informed by an open public conference on 
aviation and climate change during Green Week 2005. 

To follow-up the Communication, an Aviation Working Group was set up as part of 
the second phase of the European Climate Change Programme (ECCP II) to advise 
the  Commission  on  ways  of  including  aviation  in  the  Community  scheme.  The 
Group  consisted  of  experts  from  Member  States  and  key  stakeholders  including 
industry, consumer and environmental organisations.  

Summary of responses and how they have been taken into account 

The  information  gathered  through  stakeholder  consultation  has  been  taken  into 
account in the design of the proposed scheme. Details of how this was done are set 
out in the impact assessment report. 

An  open  consultation  was  conducted  over  the  internet  from  11  March  2005  to  06 
May 2005. The Commission received 5 758 responses. The results are available on 
http://ec.europa.eu/environment/climat/aviation_en.htm. 

•  Collection and use of expertise 

Scientific/expertise domains concerned 

(1) Climate change science; (2) expertise from the aviation industry including aircraft 
manufacturers, airport authorities and airlines; (3) modelling expertise; (4) emissions 
estimates and air traffic data. 

Methodology used 

Modelling  with  formal  mathematical  models  and  calculations  based  on  statistical 
data. 

Main organisations/ experts consulted 

regional  and 

National, 
trade 
organisations,  environmental  organisations,  consumer  organisations,  science  and 
research institutes and other Commission directorate-generals. 

industry  associations, 

local  administrations, 

Summary of advice received and used 

There  was  unanimous  agreement  that  aviation  contributes  to  climate  change  and 
recognition  that  action  needs  to  be  taken  to  address  this.  In  this  respect,  emissions 
trading was preferred to taxes or charges. As regards the design of the scheme, it was 
widely  accepted  that  the  obligations  under  the  scheme  should  apply  to  aircraft 
operators.  Although  there  was  no  consensus  on  the  geographical  scope  of  the 
scheme, there was broad consensus that the quantity of allowances and the process 

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for  their  allocation  should  be  harmonised.  The  majority  of  the  parties  consulted 
considered  that  the  scheme  should  be  an  open  trading  scheme  but  should  not 
adversely affect the accounting system used in the Community scheme. 

Means used to make the expert advice publicly available 

The  final  report  and  the  agendas,  background  papers  and  presentations  from  each 
meeting  of  the  Aviation  Working  Group  are  publicly  available  on  the  internet  at 
http://ec.europa.eu/environment/climat/aviation_en.htm.  Position  papers  submitted 
by stakeholders to complement the views recorded in the minutes are also available 
on the same website. 

•  Impact assessment 

The  September  2005  Communication  was  accompanied  by  an  impact  assessment 
which  evaluated  different  policy  options  potentially  available  to  reduce  the  climate 
impact of aviation. It concluded that emissions trading is the most efficient solution, 
both environmentally and economically.  

A  further  impact  assessment  accompanies  this  proposal.  It  considers  the  specific 
design options and policy choices for including aviation in the Community scheme. 
It concludes that since every airline on each route covered by the scheme would be 
treated equally, airlines can be expected to pass on, to a large extent or even in full, 
compliance  costs  to  customers.  This  would  have  only  a  small  effect  on  forecasted 
demand growth: from business-as-usual levels of 142% to a minimum of 135% over 
the period 2005 to 2020 for all departing and arriving flights. Competition between 
airlines would not be significantly affected. The main difference between airlines is 
the length of journey undertaken, the age of the aircraft used and the payload carried. 
Therefore, carriers travelling shorter distances, using older aircraft or carrying fewer 
passengers  or  less  freight  would  be  affected  to  a  greater  extent  than  more  fuel-
efficient  carriers.  Competition  between  airports  and  tourism  would  not  be 
significantly affected. However, any risk to the latter would likely be decreased by 
including all departing and arriving flights in the scheme. 

The Commission carried out an impact assessment, as listed in its Work Programme: 
the report is available at http://ec.europa.eu/environment/climat/aviation_en.htm. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  proposed  Directive  would  amend  Directive  2003/87/EC  to  include  aviation  in 
the Community scheme.  

The  existing  Community  scheme  works  by  allocating  to  operators  a  number  of 
allowances  each  giving  them  a  right  to  emit  one  tonne  of  carbon  dioxide  per  year. 
The total number of allowances allocated sets a limit on the overall emissions from 
participants  in  the  scheme.  By  30  April  each  year  operators  must  surrender 
allowances  to  cover  their  actual  emissions.  Operators  can  trade  allowances  so  that 
emissions reductions can be made where they are most cost-effective.  

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The requirements to monitor and report emissions will take effect from 2010. From 
2011 emissions from the aviation sector will be subject to a cap and aircraft operators 
will be required to surrender allowances to cover their emissions. 

Key aspects are: 

–  Aircraft  operators  will  be  the  entities  responsible  for  complying  with  the 

obligations imposed by the scheme; 

–  The  scheme  will  cover  all  flights  arriving  at  or  departing  from  an  airport  in  the 
Community  as  of  1  January  2012.  Flights  between  EU  airports  will  be  covered 
from 1 January 2011; 

–  Flights by State aircraft, flights under visual flight rules, circular flights, flights for 
testing navigation equipment or for training purposes, rescue flights and flights by 
aircraft  with  a  maximum  take-off  weight  of  less  than  5 700 kg  will  be  excluded 
from the scheme;  

–  To  address  other  gases,  by  the  end  of  2008,  the  Commission  will  put  forward  a 
proposal  to  address  the  nitrogen  oxide  emissions  from  aviation  after  a  thorough 
impact assessment; 

–  In  order  to  avoid  duplication  and  an  excessive  administrative  burden  on  aircraft 
operators, each aircraft operator, including operators from third countries, will be 
administered by one Member State only; 

–  In  contrast  to  the  existing  scheme,  the  method  of  allocating  allowances  will  be 

harmonised across the Community; 

–  The  total  number  of  allowances  to  be  allocated  to  the  aviation  sector  will  be 
determined at Community level by reference to average emissions from aviation 
in the years 2004-2006; 

–  A  fixed  percentage  of  the  total  quantity  of  allowances  will  be  allocated  free  of 
charge  on  the  basis  of  a  benchmark  to  aircraft  operators  which  submit  an 
application  (the  earliest  application  relating  to  2008  data).  For  the  period  2011-
2012  this  percentage  will  correspond  to  the  average  percentage  proposed  by  the 
Member States including auctioning in their national allocation plans. Thereafter 
this  will  be  reviewed  in  the  light  of  the  results  of  the  general  review  of  the 
emissions trading scheme; 

–  The  details  of  how  auctioning  will  work  such  as  appropriate  design  and  timing 
will be set out in a Commission Regulation. Auctioning proceeds should be used 
to mitigate and adapt to the impacts of climate change and to cover administrative 
costs; 

–  Like other participants in the Community scheme, aircraft operators will have to 
monitor  their  emissions  of  carbon  dioxide  and  report  them  to  the  competent 
authority of its administering Member State by 31 March each year. The reports 
must  be  verified  to  make  sure  that  they  are  accurate.  The  basic  principles  for 
monitoring,  reporting  and  verifying  emissions  set  out  in  the  proposal  will  be 
elaborated by guidelines; 

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–  Aircraft  operators  will  be  able  to  buy  allowances  from  other  sectors  in  the 

Community scheme for use to cover their emissions;  

–  Aircraft  operators  will  also  be  able  to  use  project  credits  –  so-called  Emission 
Reduction  Units  (ERUs)  and  Certified  Emission  Reductions  (CERs)  -  from  the 
Joint  Implementation  or  Clean  Development  Mechanisms  (JI/CDM)  up  to  a 
harmonised  limit  equivalent  to  the  average  of  the  limits  prescribed  by  Member 
States  in  their  national  allocation  plans  for  other  sectors  in  the  Community 
scheme; 

–  Domestic aviation will be included in the scheme and treated in the same way as 

international aviation; 

–  Special consideration to the treatment of air services to remote or isolated regions, 
which  are  particularly  dependent  on  air  transport  services,  can  best  be  given 
within the framework of existing measures such as public service obligations and 
aid having a social character under Article 87(2) of the Treaty. 

•  Legal basis  

The legal basis for the proposal is Article 175 of the Treaty (which was also the legal 
basis for Directive 2003/87/EC). 

•  Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the 
exclusive competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States 
for the following reasons. 

–  The economic benefits from emissions trading will only be obtained if allowances 
can  be  traded  and  accepted  across  the  Community.  To  achieve  this,  the 
establishment of a common framework is necessary. 

–  Given  the  high  level  of  integration  in  the  Community  air  transport  market, 
distortions  of  competition  could  be  created  if  different  policies  were  applied  in 
Member States. 

Community action will better achieve the objectives of the proposal for the following 
reasons: 

–  Harmonised  action  to  reduce  the  climate  change  impact  of  aviation  can  best  be 
achieved  by  adopting  legislation  at  Community  level.  As  all  airlines  operating 
from  Community  airports  would  be  treated  in  the  same  way,  distortions  of 
competition would be minimised. 

–  The  Council  and  the  European  Parliament  have  called  for  the  Commission  to 
propose  Community  action  and  recognised  the  potential  of  emissions  trading. 
Directive 2003/87/EC needs to be amended to include aviation in the Community 
scheme. 

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–  The Community is a major player in global aviation, accounting for about half of 
the  carbon  dioxide  emissions  from  international  aviation  reported  by  developed 
countries to the UNFCCC. 

–  The proposal amends the Community scheme to establish a common framework 
but will leave implementation and enforcement tasks to Member States which are 
better placed to perform them. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons: 

–  Only the elements that are necessary to ensure that the scheme functions properly 
and  to  prevent  distortions  of  competition  which  could  result  from  differences  in 
treatment  of  aircraft  operators  between  Member  States  are  regulated  by  the 
proposal.  To  ensure  consistency  and  reduce  implementation  costs,  the  proposal 
makes  use  of  the  existing  architecture  of  the  Community  scheme  as  much  as 
possible. Where the procedures applied in the existing scheme are not appropriate 
for  the  aviation  sector,  special  provision  has  been  made  whilst  preserving  the 
simplicity and environmental integrity of the scheme. 

–  Emissions trading can be used to achieve an environmental benefit at a lower cost 
than  other  means  and  is  therefore  the  most  cost-effective  way  of  addressing 
greenhouse gas emissions from aviation. 

•  Choice of instrument 

Proposed instruments: Directive. 

Other means would not be adequate for the following reason. 

As  the  Directive  amends  another  Directive  in  order  to  include  aviation  in  the 
Community scheme, other instruments would not have been appropriate. 

4. 

BUDGETARY IMPLICATION 

Expenditure  on  activities  under  this  Directive  will  be  covered  by  the  financial 
instrument  for  the  environment  (LIFE+  for  2007-2013).  No  additional  amount  is 
requested. 

5. 

ADDITIONAL INFORMATION 

•  Review/revision/sunset clause 

The proposal includes a revision clause. 

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•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of 
national  provisions  transposing  the  Directive  as  well  as  a  correlation  table  between 
those provisions and this Directive. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the 
European Economic Area. 

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2006/0304 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Directive 2003/87/EC so as to include aviation activities in the scheme for 
greenhouse gas emission allowance trading within the Community 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular Article 
175(1) thereof, 

Having regard to the proposal from the Commission2, 

Having regard to the opinion of the European Economic and Social Committee3, 

Having regard to the opinion of the Committee of the Regions4, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty5, 

Whereas: 

(1) 

(2) 

2 
3 
4 
5 
6 

7 

Directive  2003/87/EC  of  the  European  Parliament  and  of  the  Council  of  13  October 
2003 establishing a scheme for greenhouse gas emission allowance trading within the 
Community  and  amending  Council  Directive  96/61/EC6  established  a  scheme  for 
greenhouse gas emission allowance trading within the Community in order to promote 
reductions of greenhouse gas emissions in a cost-effective and economically efficient 
manner. 

The  ultimate  objective  of  the  United  Nations  Framework  Convention  on  Climate 
Change,  which  was  approved  on  behalf  of  the  European  Community  by  Council 
Decision  94/69/EC  of  15  December  1993  concerning  the  conclusion  of  the  United 
Nations  Framework  Convention  on  Climate  Change7,  is  to  stabilise  greenhouse  gas 
concentrations 
that  would  prevent  dangerous 
anthropogenic  interference  with  the  climate  system.  The  Community  has  repeatedly 
stated  that,  with  a  view  to  meeting  this  objective,  the  overall  global  annual  mean 

the  atmosphere  at  a 

level 

in 

OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 275, 25.10.2003, p. 32. Directive as amended by Directive 2004/101/EC (OJ L 338, 13.11.2004, p. 
18). 
OJ L 33, 7.2.1994, p. 11. 

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surface  temperature  increase  should  not  exceed  2°C  above  pre-industrial  levels. 
Recent  scientific  research  and  work  indicate  that  keeping  this  long-term  temperature 
objective within reach will require global greenhouse gas emissions to peak within two 
decades followed by substantial reductions in the order of at least 15%, and perhaps by 
as much as 50%, compared with 1990 levels. The levels of quantified reductions for 
States  to  make  from  2013  to  achieve  the  objective  of  stabilising  greenhouse  gas 
concentrations  have  not  yet  been  fixed  in  the  international  climate  change  process. 
Whilst this Directive should be consistent with the EU's contribution to the long-term 
temperature  objective,  the  methods  and  basis  for  allocation  of  allowances  to  aircraft 
operators  under  this  Directive  beyond  that  date  should  be  kept  under  review  in  the 
light  of  scientific  developments  and  the  political  developments  at  the  international 
level. 

(3) 

(4) 

The United Nations Framework Convention on Climate Change requires all parties to 
formulate  and  implement  national  and,  where  appropriate,  regional  programmes 
containing measures to mitigate climate change. 

The  Kyoto  Protocol,  which  was  approved  by  Council  Decision  2002/358/EC  of  25 
April  2002  concerning  the  approval,  on  behalf  of  the  European  Community,  of  the 
Kyoto Protocol to the United Nations Framework Convention on Climate Change and 
the  joint  fulfilment  of  commitments  thereunder8,  requires  developed  countries  to 
pursue the limitation or reduction of emissions of greenhouse gases not controlled by 
the Montreal Protocol from aviation, working through the International Civil Aviation 
Organisation (ICAO).  

(5)  While the Community is not a contracting Party to the 1944 Chicago Convention, all 
Member States are contracting Parties to that Convention and members of ICAO, and 
continue  to  support  work  on  the  development  of  market-based  instruments  working 
with  other  states  at  global  level.  At  the  sixth  meeting  of  the  ICAO  Committee  on 
Aviation  Environmental  Protection  in  2004,  it  was  agreed  that  an  aviation-specific 
emissions  trading  system  based  on  a  new  legal  instrument  under  ICAO  auspices 
seemed  sufficiently  unattractive  that  it  should  not  be  pursued  further.  Consequently, 
Resolution 35-5 of the ICAO Assembly does not propose a new legal instrument but 
instead  endorses  open  emissions  trading  and  the  possibility  for  States  to  incorporate 
emissions from international aviation into their emissions trading schemes. 

(6) 

The  Sixth  Community  Environment  Action  Programme  established  by  Decision  No 
1600/2002/EC  of  the  European  Parliament  and  of  the  Council9  provided  for  the 
Community  to  identify  and  undertake  specific  actions  to  reduce  greenhouse  gas 
emissions from aviation, if no such action was agreed within the ICAO by 2002. In its 
conclusions  of  October  2002,  December  2003  and  October  2004,  the  Council  has 
repeatedly called upon the Commission to propose action to reduce the climate change 
impact of international air transport. 

(7) 

Policies and measures should be implemented at Member State and Community level 
across  all  sectors  of  the  Community  economy,  and  not  only  within  the  industry  and 
energy  sectors,  in  order  to  generate  the  substantial  reductions  needed.  If  the  climate 

8 
9 

OJ L 130, 15.5.2002, p. 1. 
OJ L 242, 10.9.2002, p. 1. 

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(8) 

change  impact  of  the  aviation  sector  continues  to  grow  at  the  current  rate,  it  would 
significantly undermine reductions made by other sectors to combat climate change. 

In its Communication of 27 September 200510 the Commission adopted a strategy for 
reducing  the  climate  impact  of  aviation.  As  part  of  a  comprehensive  package  of 
measures,  the  strategy  proposed  the  inclusion  of  aviation  in  the  Community  scheme 
for  greenhouse  gas  emission  allowance  trading  and  provided  for  the  creation  of  a 
multi-stakeholder  working  group  on  aviation  as  part  of  the  second  phase  of  the 
European  Climate  Change  Programme  to  consider  ways  of  including  aviation  in  the 
Community scheme. In its conclusions of December 2005 the Council recognised that, 
from  an  economic  and  environmental  point  of  view,  the  inclusion  of  the  aviation 
sector in the Community scheme seems to be the best way forward and called on the 
Commission  to  bring  forward  a  legislative  proposal  by  the  end  of  2006.  In  its 
Resolution of 4 July 2006 the European Parliament recognised that emissions trading 
has  the  potential  to  play  a  role  as  part  of  a  comprehensive  package  of  measures  to 
address the climate impact of aviation, provided that it is appropriately designed. 

(9) 

The objective of this Directive is to reduce the climate change impact attributable to 
aviation by including emissions from aviation activities in the Community scheme. 

(10)  Aircraft  operators  have  the  most  direct  control  over  the  type  of  aircraft  in  operation 
and  the  way  in  which  they  are  flown  and  should  therefore  be  responsible  for 
complying  with  the  obligations  imposed  by  this  Directive.  An  operator  may  be 
identified by the use of an ICAO designator or any other recognised designator used in 
the identification of the flight. If the identity of the operator is not known, the owner of 
the  aircraft  should  be  regarded  as  the  aircraft  operator  unless  it  proves  which  other 
person was the operator. 

(11)  From  2011,  emissions  from  flights  between  airports  in  the  Community  should  be 
included in the Community scheme. From 2012, emissions from all flights arriving at 
and departing from Community airports should be included. The Community scheme 
can  thereby  serve  as  a  model  for  the  expansion  of  the  scheme  worldwide.  If  a  third 
country  adopts  measures  for  reducing  the  climate  impact  of  flights  to  a  Community 
airport departing from that country which are at least equivalent to the requirements of 
this  Directive,  the  scope  of  the  Community  scheme  should  be  amended  to  exclude 
flights arriving in the Community from that country.  

(12)  Aviation  has  an  impact  on  the  global  climate  through  releases  of  carbon  dioxide, 
nitrogen oxides, water vapour and sulphate and soot particles. The Intergovernmental 
Panel  on  Climate  Change  has  estimated  that  the  total  impact  of  aviation  currently  is 
two  to  four  times  higher  than  the  effect  of  its  past  carbon  dioxide  emissions  alone. 
Recent Community research indicates that the total impact of aviation could be around 
two  times  higher  than  the  impact  of  carbon  dioxide  alone.  However,  none  of  these 
estimates  takes  into  account  the  highly  uncertain  cirrus  cloud  effects.  In  accordance 
with Article 174(2)  of  the Treaty, Community environment  policy must be based on 
the precautionary principle and therefore all impacts of aviation should be addressed to 
the  extent  possible.  Pending  scientific  progress  to  identify  suitable  metrics  for 
comparing the different impacts, a pragmatic and precautionary approach is required. 

10 

COM(2005) 459. 

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12 

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Emissions of nitrogen oxides will be addressed in other legislation to be presented by 
the Commission. 

(13) 

In  order  to  avoid  distortions  of  competition,  a  harmonised  allocation  methodology 
should  be  specified.  To  ensure  access  to  the  market  for  new  aircraft  operators,  a 
proportion  of  allowances  will  be  allocated  by  auction  in  accordance  with  rules  to  be 
developed  by  the  Commission.  Aircraft  operators  that  cease  operations  should 
continue  to  be  issued  with  allowances  until  the  end  of  the  period  for  which  free 
allowances have already been allocated. 

(14)  Aviation  contributes  to  the  overall  climate  change  impact  of  human  activities. 
Proceeds from the auctioning of allowances should be used to mitigate greenhouse gas 
emissions,  to  adapt  to  the  impacts  of  climate  change,  to  fund  research  and 
development for mitigation and adaptation, and to cover the costs of administering the 
scheme. The use of auctioning proceeds should in particular fund contributions to the 
Global  Energy  Efficiency  and  Renewable  Energy  Fund,  and  measures  to  avoid 
deforestation and facilitate adaptation in developing countries. Provisions for the use 
of funds from the auctioning should be notified to the Commission. Such notification 
does not release Member States from the obligation laid down in Article 88(3) of the 
Treaty,  to  notify  certain  national  measures.  The  Directive  does  not  prejudice  the 
outcome of any future State aid procedures that may be undertaken in accordance with 
Articles 87 and 88 of the Treaty. 

(15)  To increase the cost-effectiveness of the scheme, aircraft operators should be able to 
use  CERs  and  ERUs  from  project  activities  to  meet  obligations  to  surrender 
allowances up to a harmonised limit. 

(16) 

In order to reduce the administrative burden on aircraft operators, one Member State 
should be responsible for each aircraft operator. Member States should be required to 
ensure that aircraft operators which were issued with an operating licence in that State, 
or  aircraft  operators  without  an  operating  licence  or  from  third  countries  whose 
emissions in a base year are mostly attributable to that Member State, comply with the 
requirements of this Directive. 

(17)  To maintain the integrity of the accounting system for the Community scheme in view 
of  the  fact  that  emissions  from  international  aviation  are  not  yet  integrated  into 
Member  States'  commitments  under  the  Kyoto  Protocol,  allowances  allocated  to  the 
aviation sector should only be used to meet the obligations placed on aircraft operators 
to  surrender  allowances  under  this  Directive.  However,  aircraft  operators  should  be 
able to exchange an allowance issued to the aviation sector for an allowance which can 
be used by all operators in the scheme through their registry administrator. 

(18)  The  European  Organisation  for  the  Safety  of  Air  Navigation  (Eurocontrol),  may 
possess  information  which  could  assist  Member  States  or  the  Commission  in 
discharging their obligations under this Directive. 

(19)  The  provisions  of  the  Community  scheme  relating  to  monitoring,  reporting  and 
verifying  emissions  and  to  penalties  applicable  to  operators  should  also  apply  to 
aircraft operators. 

EN 

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(20)  The measures necessary for the implementation of this Directive should be adopted in 
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission11. 

(21) 

In particular power should be conferred on the Commission to adopt measures for the 
auctioning of allowances not required to be issued for free and to amend the aviation 
activities  listed  in  Annex  I  where  a  third  country  introduces  measures  to  reduce  the 
climate change impact of aviation. Since those measures are of general scope and are 
designed  to  amend  non-essential  elements  of  this  Directive  and  to  supplement  this 
Directive by the addition or modification of new non-essential elements, they should 
be adopted in accordance with the regulatory procedure with scrutiny provided for in 
Article 5a of Decision 1999/468/EC. 

(22)  Since the objective of the proposed action cannot be achieved by the Member States 
acting  individually,  and  can  therefore,  by  reason  of  the  scale  and  effects  of  the 
proposed  action,  be  better  achieved  at  Community  level,  the  Community  may  adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty. In accordance with the principle of proportionality, as set out in that Article, 
this Directive does not go beyond what is necessary in order to achieve that objective. 

(23)  Directive 2003/87/EC should therefore be amended accordingly, 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendments to Directive 2003/87/EC 

Directive 2003/87/EC is amended as follows: 

(1) 

The following heading of Chapter I is inserted before Article 1: 

“Chapter I 
General Provisions”  

(2) 

Article 3 is amended as follows: 

(a) 

in point (b), the following is added: “or the release from an aircraft performing 
an  aviation  activity  listed  in  Annex  I  of  the  gases  specified  in  respect  of  that 
activity”; 

(b) 

the following points are added: 

“(o) 

'aircraft operator' means the person who operates an aircraft at the time it 
performs an aviation activity listed in Annex I or, where the operator is 
not known or is not identified by the owner of the aircraft, the owner of 
the aircraft; 

11 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

14 

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(p) 

(q) 

(r) 

'administering  Member  State'  means  the  Member  State  responsible  for 
administering the scheme in respect of an aircraft operator in accordance 
with Article 18a; 

'attributed  aviation  emissions'  means  emissions  from  all  flights  falling 
within  the  aviation  activities  listed  in  Annex  I  which  depart  from  a 
Member State or arrive in the Member State from a third country; 

'historical  aviation  emissions'  means  the  mean  average  of  the  annual 
emissions  in  the  calendar  years  2004,  2005  and  2006  from  aircraft 
performing an aviation activity listed in Annex I.” 

(3) 

The following Chapter II and heading of Chapter III and Article 3e are inserted after 
Article 3: 

“Chapter II 
Aviation 

Article 3a 
Scope of Chapter II 

The provisions of this Chapter shall apply to the allocation and issue of allowances in 
respect of aviation activities listed in Annex I. 

Article 3b 
Total quantity of allowances for aviation 

1. 

2. 

3. 

4. 

For  the  period  from  1  January  2011  to  31  December  2012,  the  total  quantity  of 
allowances  to  be  allocated  to  aircraft  operators  shall  be  equivalent  to  100%  of  the 
sum of the historical aviation emissions in relation to each year. 

For  the  period  referred  to  in  Article  11(2)  beginning  on  1  January  2013,  the  total 
quantity  of  allowances  to  be  allocated  to  aircraft  operators  shall  be  equivalent  to 
100%  of  the  historical  aviation  emissions  multiplied  by  the  number  of  years  in  the 
period.  

For  the  second  period  referred  to  in  Article  11(2)  and  each  subsequent  period,  the 
total quantity of allowances to be allocated to aircraft operators shall be equivalent to 
100%  of  the  historical  aviation  emissions  multiplied  by  the  number  of  years  in  the 
period.  

Within  six  months  of  the  entry  into  force  of  this  Directive,  the  Commission  shall 
decide on the historical aviation emissions based on best available data.  

EN 

15 

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1. 

2. 

3. 

4. 

5. 

1. 

Article 3c 
Method of allocation of allowances for aviation  

In  the  period  referred  to  in  Article  3b(1),  a  percentage  of  allowances  shall  be 
auctioned.  The  percentage  shall  correspond  to  the  average  percentage  proposed  by 
the  Member  States  including  auctioning  in  their  national  allocation  plans  under 
Chapter III for the relevant period. 

For future periods, the percentage to be auctioned shall take into account the general 
review of this Directive. 

The  Commission  shall  adopt  a  Regulation  containing  detailed  provisions  for  the 
auctioning by Member States of allowances not required to be issued free of charge 
in accordance with paragraphs 1 and 2. The number of allowances to be auctioned in 
each  period  by  each  Member  State  shall  be  proportionate  to  its  share  of  the  total 
attributed  aviation  emissions  for  all  Member  States  for  the  reference  year  reported 
pursuant to Article 14(3) and verified pursuant to Article 15. For the period referred 
to in Article 3b(1), the reference year shall be 2010 and for each subsequent period 
referred  to  in  Article  3b  the  reference  year  shall  be  the  calendar  year  ending  24 
months before the start of the period to which the auction relates.  

That  Regulation,  designed  to  amend  non-essential  elements  of  this  Directive  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with 
scrutiny referred to in Article 23(2a). 

Revenues generated from the auctioning of allowances in accordance with paragraph 
3  shall  be  used  to  mitigate  greenhouse  gas  emissions,  to  adapt  to  the  impacts  of 
climate change, to fund research and development for mitigation and adaptation, and 
to  cover  the  costs  of  the  administering  Member  State  in  relation  to  this  Directive. 
Member  States  shall  inform  the  Commission  of  measures  taken  pursuant  to  this 
paragraph. 

Information provided to the Commission on the basis of this Directive does not free 
Member  States  from  the  notification  obligation  pursuant  to  Article  88(3)  of  the 
Treaty.  

Article 3d 
Allocation and issue of allowances to aircraft operators 

For  each  period  referred  to  in  Article  3b,  each  aircraft  operator  may  apply  for  an 
allocation  of  allowances  that  are  to  be  allocated  free  of  charge  in  accordance  with 
Article 3c. An application may be made by submitting to the administering Member 
State  verified  tonne-kilometre  data  for  the  aviation  activities  listed  in  Annex  I 
performed by that operator for the calendar year ending twenty four months before 
the start of the period to which it relates in accordance with Annexes IV and V. Any 
application must be made at least twenty one months before the start of the period to 
which it relates. 

EN 

16 

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2. 

3. 

At  least  eighteen  months  before  the  start  of  the  period  to  which  the  application 
relates  Member  States  shall  submit  applications  received  under  paragraph  1  to  the 
Commission. 

At least fifteen months before the start of each period referred to in Article 3b, the 
Commission shall decide on the following: 

(a) 

(b) 

(c) 

the  total  quantity  of  allowances  to  be  allocated  for  that  period  in  accordance 
with Article 3b; 

the  number  of  allowances  to  be  allocated  free  of  charge  in  that  period  in 
accordance with Article 3c;  

the  benchmark  to  be  used  to  allocate  allowances  free  of  charge  to  aircraft 
operators whose applications were submitted to the Commission in accordance 
with paragraph 2.  

The benchmark referred to in point (c) shall be calculated by dividing the number of 
allowances referred to in point (b) by the sum of the tonne-kilometre data included in 
applications submitted to the Commission in accordance with paragraph 2. 

4. 

Within three months of the date on which the Commission adopts a decision under 
paragraph 3, each administering Member State shall calculate and publish:  

(a) 

(b) 

the total allocation of allowances for the period to each aircraft operator whose 
application  it  submitted  to  the  Commission  in  accordance  with  paragraph  2, 
calculated by multiplying the tonne-kilometre data included in the application 
by the benchmark published under point (c) of paragraph 3; and 

the allocation of allowances to each aircraft operator for each year which shall 
be  determined  by  dividing  its  total  allocation  of  allowances  for  the  period 
calculated under point (a) by the number of years in the period for which that 
aircraft operator is performing an aviation activity listed in Annex I. 

5. 

By  28  February  2011  and  by  28  February  in  each  subsequent  year,  the  competent 
authority of the administering Member State shall issue to each aircraft operator the 
number of allowances allocated to that aircraft operator for that year. 

Chapter III 
Stationary installations  

Article 3e 
Scope of Chapter III 

The provisions of this Chapter shall apply to greenhouse gas emissions permits and 
the allocation and issue of allowances in respect of activities listed in Annex I other 
than aviation activities.” 

EN 

17 

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(4) 

In Article 6(2)(e), after “allowances” the words “, other than allowances issued under 
Chapter II,” are inserted. 

(5) 

The following heading of Chapter IV is inserted after Article 11: 

“Chapter IV 
Provisions applying to aviation and stationary installations” 

(6) 

In Article 11a the following paragraph 1a is inserted: 

“1a.  Subject  to  paragraph  3,  during  each  period  referred  to  in  Article  3b,  Member  States 
shall  allow  each  aircraft  operator  to  use  CERs  and  ERUs  from  project  activities  up  to  a 
percentage of the number of allowances it is required to surrender pursuant to Article 12(2a); 
this  percentage  being  the  average  of  the  percentages  specified  by  Member  States  for  the 
period in accordance with paragraph 1.  

The  Commission  shall  publish  this  percentage  at  least  six  months  before  the  start  of  each 
period referred to in Article 3b.” 

(7) 

In Article 11b(2), the word “installations” is replaced by “activities”.  

(8) 

Article 12 is amended as follows:  

(a) 

in  paragraph  2,  after  “purpose”  the  words  “of  meeting  an  aircraft  operator's 
obligations under paragraph 2a or” are inserted; 

(b) 

the following paragraph 2a is inserted: 

“2a.  Administering  Member  States  shall  ensure  that,  by  30  April  each  year  at  the  latest, 
each aircraft operator surrenders a number of allowances equal to the total emissions during 
the  preceding  calendar  year  from  aviation  activities  listed  in  Annex  I  for  which  it  is  the 
aircraft  operator,  as  verified in accordance with Article 15. Member States shall ensure that 
allowances surrendered in accordance with this paragraph are subsequently cancelled.” 

(c) 

in paragraph (3), after “allowances” the words“, other than allowances issued 
under Chapter II,” are inserted. 

(9) 

In Article 13(3), “Article 12(3)” is replaced by “Article 12(2a) or (3)”.  

(10)  Article 14 is amended as follows:  

(a) 

in paragraph 1:  

(i) 

after  “those  activities”  the  words  “and  of  tonne-kilometre  data  for  the 
purpose of an application under Article 3d” are inserted”;  

(ii) 

the words “, by 30 September 2003” are deleted; and 

(b) 

in paragraph 3: 

(i) 

the word “of an installation” is replaced by “or aircraft operator”; 

EN 

18 

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(ii) 

the words “from that installation during each calendar year” are replaced 
by  “during  each  calendar  year  from  the  installation,  or,  from  1  January 
2010, the aircraft, which it operates”. 

(11)  Article 15 is amended as follows:  

(a) 

in the first paragraph: 

(i) 

the word “operators” is replaced by “operators and aircraft operators”; 

(ii) 

after “Annex V” the words “and any detailed provisions adopted by the 
Commission in accordance with this paragraph” are inserted;  

(b) 

in the second paragraph: 

(i) 

the word “operator” is replaced by “operators and aircraft operators”; 

(ii) 

after “Annex V” the words “and any detailed provisions adopted by the 
Commission in accordance with this paragraph” are inserted; and  

(c) 

after the second paragraph, add the following paragraph: 

“The Commission may adopt detailed provisions for the verification of reports submitted by 
aircraft  operators  pursuant  to  Article  14(3)  and  applications  under  Article  3d  in  accordance 
with the regulatory procedure referred to in Article 23(2).” 

(12)  Article 16 is amended as follows:  

(a) 

in paragraph 1, the words “by 31 December 2003 at the latest,” are deleted;  

(b) 

in paragraph 2:  

(i) the word “operators” is replaced by “operators and aircraft operators”; 

(ii) the words “Article 12(3)” are replaced by the words “this Directive”; and  

(c) 

in paragraph 3:  

(i) the word “operator” is replaced by “operator or aircraft operator”;  

(ii) in the second sentence, the words “by that installation” are deleted. 

(13)  The following Articles 18a and 18b are inserted:  

“Article 18a 
Administering Member State 

1. 

The administering Member State in respect of an aircraft operator shall be:  

(a) 

in the case  of an  aircraft  operator with  a valid operating licence granted by a 
Member State in accordance with the provisions of Council Regulation (EEC) 

EN 

19 

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No  2407/92  of  23  July  1992  on  licensing  of  air  carriers12,  the  Member  State 
which granted the operating licence in respect of that aircraft operator; and 

(b) 

in  all  other  cases,  the  Member  State  with  the  greatest  estimated  attributed 
aviation emissions from flights performed by that aircraft operator in the base 
year.  

2. 

Based on best available information, the Commission shall:  

(a) 

by  1  February  2009,  publish  a  list  of  aircraft  operators  which  performed  an 
aviation  activity  listed  in  Annex  I  on  or  after  1  January  2006  specifying  the 
administering  Member  State  for  each  aircraft  operator  in  accordance  with 
paragraph 1; and 

(b)  by  1  February  in  each  subsequent  year,  update  the  list  to  include  aircraft 
operators  which  have  subsequently  performed  an  aviation  activity  listed  in 
Annex I. 

3. 

For the purposes of paragraph 1, 'base year' means, in relation to an operator which 
started operating in the Community after 1 January 2006, the first calendar  year of 
operation; and in all other cases, the calendar year starting on 1 January 2006. 

Article 18b 
Assistance from Eurocontrol 

For  the  purposes  of  carrying  out  its  obligations  under  Articles  3b(4)  and  18a,  the 
Commission  may  request  the  assistance  of  Eurocontrol  and  may  conclude  to  that 
effect any appropriate agreements with that organisation.” 

(14) 

In Article 19(3), the following words are added: “and provisions to take account of the 
inclusion of aviation activities in the Community scheme. The Regulation shall allow 
for aircraft operators to request their registry administrator to exchange an allowance 
issued under Chapter II for an allowance equivalent to those issued under Chapter III. 
Administrators shall make such an exchange on request.” 

(15) 

In Article 23, the following paragraph 2a is inserted:  

“2a.  Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4)  and  Article  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.” 

(16)  The following Article 25a is inserted:  

“Article 25a 
Third country measures to reduce aviation's climate change impact 

Where  a  third  country  adopts  measures  for  reducing  the  climate  change  impact  of 
flights departing from that country which land in the Community which are at least 

12 

OJ L 24, 24.8.1992, p. 1. 

EN 

20 

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equivalent  to  the  requirements  of  this  Directive,  the  Commission  shall  amend  this 
Directive  to  provide  for  flights  arriving  from  that  country  to  be  excluded  from  the 
aviation  activities  listed  in  Annex  I  with  effect  from  the  next  period  referred  to  in 
Article 3b.  

That  amendment,  designed  to  amend  non-essential  elements  of  this  Directive,  shall 
be adopted in accordance with the regulatory procedure with scrutiny referred to in 
Article 23(2a).”  

(17)  Article 28 is amended as follows:  

(a) 

(b) 

in paragraph (3b), after “allowances” the words “, other than allowances issued 
under Chapter II,” are inserted; and  

in paragraph (4), after “allowances” the words “, other than allowances issued 
under Chapter II,” are inserted.  

(18)  The following heading is inserted after Article 30: 

“Chapter V 
Final Provisions” 

(19)  Annexes I, IV and V are amended in accordance with the Annex to this Directive.  

Article 2 
Transposition 

1. 

2. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions necessary to comply with this Directive no later than 12 months after its 
entry  into  force.  They  shall  forthwith  communicate  to  the  Commission  the  text  of 
those provisions and a correlation table between those provisions and this Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

Member States shall communicate to the Commission the text of the main provisions 
of  national  law  which  they  adopt  in  the  field  covered  by  this  Directive.  The 
Commission shall inform the Member States thereof. 

Article 3 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

EN 

21 

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Article 4 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, […] 

For the European Parliament 
The President 

For the Council 
The President 

EN 

22 

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ANNEX  

Annexes I, IV and V to Directive 2003/87/EC are amended as follows:  

(1) 

Annex I is amended as follows: 

(a) 

the title is replaced by the following:  

“CATEGORIES  OF  ACTIVITIES  TO  WHICH  THIS  DIRECTIVE 
APPLIES”; 

(b) 

the following paragraph is added after paragraph 2: 

“For  the  year  2011  only  flights  which  both  depart  from  and  arrive  in  an  airport 
situated  in  the  territory  of  a  Member  State  to  which  the  Treaty  applies  shall  be 
included in the activity of aviation. From 1 January 2012, all flights which arrive at 
or  depart  from  an  airport  situated  in  the  territory  of  a  Member  State  to  which  the 
Treaty applies shall be included”. 

(c) 

the following category of activity is added: 

“ 

Aviation 

Carbon dioxide 

Flights  which  arrive  at  or  depart  from 
an  airport  situated  in  the  territory  of  a 
Member  State  to  which  the  Treaty 
applies.  

This activity shall not include:  

a) flights performed exclusively for the 
transport,  on  official  mission,  of  a 
reigning  Monarch  and  his  immediate 
family,  Heads  of  State,  Heads  of 
Government 
Government 
and 
Ministers where this is substantiated by 
an  appropriate  status  indicator  in  the 
flight plan; 

b)  military 
flights  performed  by 
military  aircraft  and  customs  and 
police  flights  and  search  and  rescue 
flights  authorised  by  the  appropriate 
competent authority; 

c)  any  flights  performed  exclusively 
under  visual  flight  rules  as  defined  in 
the  Convention  on 
Annex  2 
International Civil Aviation 1944;  

to 

EN 

23 

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d) flights terminating at the aerodrome 
from  which  the  aircraft  has  taken  off 
and  during  which  no 
intermediate 
landing has been made; 

for 

flights 

training 

performed 
e) 
exclusively 
the  purpose  of 
obtaining  a  licence,  or  a  rating  in  the 
case  of  cockpit  flight  crew  where  this 
is  substantiated  by  an  appropriate 
remark in the flight plan provided that 
the 
the  flight  does  not  serve  for 
transport of passengers and/or cargo or 
for  the  positioning  or  ferrying  of  the 
aircraft; 

checking  or 

f) flights performed exclusively for the 
purpose  of 
testing 
equipment used or intended to be used 
to  air  navigation 
as  ground  aids 
excluding  positioning  flights  by  the 
aircraft concerned; and  

g)  flights  performed  by  aircraft  with  a 
certified  maximum  take-off  weight  of 
less than 5 700kg. 

” 

(2) 

Annex IV is amended as follows: 

(a) 

the following heading is inserted after the title:  

“PART A – Monitoring and reporting of emissions from stationary installations” 

(b) 

the following part B is added: 

“PART B – Monitoring and reporting of emissions from aviation activities 

Monitoring of carbon dioxide emissions 

Emissions shall be monitored by calculation. Emissions shall be calculated using the formula:  

Fuel consumption x emission factor  

Fuel  consumption  shall  include  fuel  consumed  by  the  auxiliary  power  unit.  Actual  fuel 
consumption for each flight shall be used wherever possible and shall be calculated using the 
formula: 

Amount of fuel contained in aircraft tanks once fuel uplift for the flight is complete – amount 
of  fuel  contained  in  aircraft  tanks  once  fuel  uplift  for  subsequent  flight  is  complete  +  fuel 
uplift for that subsequent flight. 

EN 

24 

   EN 

 
If actual fuel consumption data are not available, a standardised tiered method shall be used to 
estimate fuel consumption data based on best available information.  

Default  IPCC  emission  factors,  taken  from  the  2006  IPCC  Inventory  Guidelines  or 
subsequent updates of these Guidelines, shall be used unless activity-specific emission factors 
derived  by  independent  accredited  laboratories  using  accepted  analytical  methods  are  more 
accurate. The emission factor for biomass shall be zero. 

A separate calculation shall be made for each flight and for each fuel. 

Reporting of emissions 

Each aircraft operator shall include the following information in its report under Article 14(3): 

A. 

Data identifying the operator, including: 

– 

– 

– 

– 

– 

– 

– 

Name of the operator;  

Its administering Member State; 

Its  address,  including  postcode  and  country  and,  where  different,  its  contact 
address in the administering Member State; 

The  aircraft  registration  numbers  and  types  of  aircraft  used  in  the  period 
covered  by  the  report  to  perform  the  aviation  activities  listed  in  Annex  I  for 
which it is the aircraft operator; 

The number and issuing authority of the air operator certificate and operating 
licence under which the aviation activities listed in Annex I for which it is the 
aircraft operator were performed; 

Address, telephone, fax and email details for a contact person; and 

Name of the aircraft owner. 

B. 

For each type of fuel for which emissions are calculated: 

– 

– 

– 

Fuel consumption; 

Emission factor; 

Total  aggregated  emissions  from  all  flights  performed  during  the  period 
covered by the report which fall within the aviation activities listed in Annex I 
for which it is the aircraft operator; 

– 

Aggregated emissions from: 

– 

all flights  performed during the period covered by the report which fall 
within the aviation activities listed in Annex I for which it is the aircraft 
operator and which departed from an airport situated in the territory of a 
Member  State  and  arrived  at  an  airport  situated  in  the  territory  of  the 
same Member State; 

EN 

25 

   EN 

 
– 

all other flights performed during the period covered by the report which 
fall  within  the  aviation  activities  listed  in  Annex  I  for  which  it  is  the 
aircraft operator; 

– 

Aggregated emissions from all flights performed during the period covered by 
the report which fall within the aviation activities listed in Annex I for which it 
is the aircraft operator which: 

– 

– 

departed from each Member State; and  

arrived in each Member State from a third country; 

– 

Uncertainty.  

Monitoring of tonne-kilometre data for the purpose of Article 3d 

For the purpose of applying for an allocation of allowances in accordance with Article 3d(1), 
the  amount  of  aviation  activity  shall  be  calculated  in  tonne-kilometres  using  the  following 
formula: 

tonne kilometres = distance x payload 

where: 

"distance" means the great circle distance between the airport of departure and the airport of 
arrival; and 

"payload" means the total mass of freight, mail and passengers carried. 

For the purposes of calculating the payload: 

– 

– 

the  number  of  passengers  shall  be  the  number  of  persons  onboard  excluding  crew 
members;  

an  aircraft  operator  may  chose  to  apply  either  the  actual  or  standard  mass  for 
passengers  and  checked  baggage  contained  in  its  mass  and  balance  documentation 
for the relevant flights or a default value for each passenger and his checked baggage 
of 100 kg.  

Reporting of tonne-kilometre data for the purpose of Article 3d 

Each aircraft operator shall include the following information in its application under Article 
3d(1): 

A. 

Data identifying the operator, including: 

– 

– 

– 

Name of the operator; 

Its administering Member State; 

Its  address,  including  postcode  and  country  and,  where  different,  its  contact 
address in the administering Member State; 

EN 

26 

   EN 

 
– 

– 

– 

– 

The  aircraft  registration  numbers  and  types  of  aircraft  used  during  the  year 
covered by the application to perform the aviation activities listed in Annex I 
for which it is the aircraft operator; 

The number and issuing authority of the air operator certificate and operating 
licence under which the aviation activities listed in Annex I for which it is the 
aircraft operator were performed; 

Address, telephone, fax and email details for a contact person; and 

Name of the aircraft owner. 

B. 

Tonne-kilometre data: 

– 

– 

– 

– 

Number of flights by airport pair; 

Number of passenger-kilometres by airport pair; 

Number of tonne-kilometres by airport pair;  

Total  number  of  tonne-kilometres  for  all flights  performed  during  the  year  to 
which the report relates falling within the aviation activities listed in Annex I 
for which it is the operator.” 

(3) 

Annex V is amended as follows: 

(a) 

the following heading is inserted after the title:  

“PART A – Verification of emissions from stationary installations” 

(b) 

the following part B is added:  

“PART B – Verification of emissions from aviation activities 

(13) 

The  general  principles  and  methodology  set  out  in  this  Annex  shall  apply  to  the 
verification  of  reports  of  emissions  from  flights  falling  within  an  aviation  activity 
listed in Annex I.  

For this purpose: 

(a) 

(b) 

(c) 

in paragraph 3, the reference to operator shall be read as if it were a reference 
to an aircraft operator and in point (c), the reference to installation shall be read 
as  if  it  were  a  reference  to  the  aircraft  used  to  perform  the  aviation  activities 
covered by the report; 

in  paragraph  5,  the  reference  to  installation  shall  be  read  as  if  it  were  a 
reference to the aircraft operator; 

in paragraph 6 the reference to activities carried out in the installation shall be 
read as a reference to aviation activities covered by the report carried out by the 
aircraft operator; 

EN 

27 

   EN 

 
(d) 

(e) 

in paragraph 7 the reference to the site of the installation shall be read as if it 
were  a  reference  to  the  sites  used  by  the  aircraft  operator  to  perform  the 
aviation activities covered by the report;  

in paragraphs 8 and 9 the references to sources of emissions in the installation 
shall  be  read  as  if  they  were  a  reference  to  the  aircraft  for  which  the  aircraft 
operator is responsible; and 

(f) 

in paragraphs 10 and 12 the references to operator shall be read as if they were 
a reference to an aircraft operator. 

Additional provisions for the verification of aviation emission reports 

(14) 

The verifier shall in particular ascertain that: 

(a) 

all flights falling within an aviation activity listed in Annex I have been taken 
into  account.  In  this  task  the  verifier  shall  be  assisted  by  timetable  data  and 
other  data  on  the  operator's  traffic  including  data  from  Eurocontrol  requested 
by the operator; 

(b) 

there is overall consistency between aggregated fuel consumption data and data 
on fuel purchased or otherwise supplied to the aircraft performing the aviation 
activity. 

Additional  provisions  for  the  verification  of  tonne-kilometre  data  submitted  for  the 
purposes of Article 3d(1) 

(15) 

(16) 

The  general  principles,  and  methodology  for  verifying  emissions  reports  under 
Article  14(3)  set  out 
this  Annex  shall,  where  applicable,  also  apply 
correspondingly to the verification of aviation tonne-kilometre data. 

in 

The  verifier  shall  in  particular  ascertain  that  only  flights  actually  performed  and 
falling within an aviation activity listed in Annex I for which the aircraft operator is 
responsible have been taken into account in that operator's application under Article 
3d(1).  In  this  task  the  verifier  shall  be  assisted  by  data  on  the  operator's  traffic 
including  data  from  Eurocontrol  requested by  the  operator.  In  addition,  the  verifier 
shall  ascertain  that  the  payload  reported  by  the  operator  corresponds  to  records  on 
payloads kept by that operator for safety purposes.” 

EN 

28 

   EN 

 
LEGISLATIVE FINANCIAL STATEMENT 

1. 

NAME OF THE PROPOSAL: 

Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  amending 
Directive  2003/87/EC  so  as  to  include  aviation  activities  in  the  scheme  for 
greenhouse gas emission allowance trading within the Community. 

2. 

ABM/ABB FRAMEWORK 

Policy Area(s) concerned and associated Activity/Activities:  

Policy area: 07 Environment  

Activity ABB Code 0703: Implementation of Community environmental policy and 
legislation 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- BA lines)) including headings: 

Article  07  03  07  -  LIFE+  (Financial  Instrument  for  the  Environment  —  2007  to 
2013) 

3.2. 

Duration of the action and of the financial impact: 

For 2007-2013 the appropriations required will be covered by the resources already 
foreseen for the LIFE+ programme. No additional amount is requested. 

3.3. 

Budgetary characteristics (add rows if necessary): 

Budget 
line 

07 03 07 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-
comp 

Diff 

NO 

NO 

NO 

NO 2 

EN 

29 

   EN 

 
4. 

SUMMARY OF RESOURCES 

4.1. 

Financial resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

EUR million (to 3 decimal places) 

Section 
no. 

Expenditure type 

2007 

2008

2009

2010

2011 

Total 

2012 
and 
later 

Operational expenditure13 

Commitment  appropriations 
(CA) 

8.1. 

Payment 
(PA) 

appropriations 

a 

b 

0.200  0.140 

0.065 

0.000 

0.000 

0.200 

0.605 

0.100  0.130 

0.127 

0.048 

0.00 

0.200 

0.605 

Administrative expenditure within reference amount14 

Technical  &  administrative 
assistance (NDA) 

8.2.4. 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
appropriations 

Payment appropriations 

a+c

b+c

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.200  0.140 

0.065 

0.000 

0.000 

0.200 

0.605 

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Administrative expenditure not included in reference amount15 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
not 
associated 
included 
reference 
in 
amount (NDA) 

costs, 

8.2.5. 

d 

8.2.6. 

e 

0.108  0.108 

0.108 

0.108 

0.108 

0.108 

0.648 

0.004  0.085 

0.058 

0.031 

0.031 

0.031 

0.240 

Total indicative financial cost of intervention 

TOTAL CA including cost 
of human resources 

a+c
+d
+e 

0.312  0.333 

0.231 

0.139 

0.139 

0.339 

1.493 

13 
14 
15 

Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within Article xx 01 04 of Title xx. 
Expenditure within Chapter xx 01 other than Articles xx 01 04 or xx 01 05. 

EN 

30 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
TOTAL  PA  including  cost 
of human resources 

b+c
+d
+e 

Co-financing details 

0.212  0.323 

0.293 

0.187 

0.139 

0.339 

1.493 

If  the  proposal  involves  co-financing  by  Member  States  or  other  bodies  (please 
specify  which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in 
the table below (additional lines may be added if different bodies are foreseen for the 
provision of the co-financing): 

EUR million (to 3 decimal places) 

Year 
n 

n + 1

n + 2

n + 3

n + 4 

n + 5 
and 
later 

Total 

0.000  0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

Co-financing body 

…………………… 

TOTAL  CA  including  co-
financing 

f 

a+c
+d
+e
+f 

4.1.2.  Compatibility with financial programming 

X 

Proposal is compatible with existing financial programming. 

(cid:133) 

(cid:133) 

Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 
perspective. 

Proposal  may  require  application  of  the  provisions  of  the  Interinstitutional 
Agreement16 (i.e. flexibility instrument or revision of the financial perspective). 

4.1.3.  Financial impact on revenue 

X 

Proposal has no financial implications on revenue 

(cid:133) 

Proposal has financial impact – the effect on revenue is as follows: 

NB: All details and observations relating to the method of calculating the effect on revenue 
should be shown in a separate annex. 

16 

See points 19 and 24 of the Interinstitutional Agreement. 

EN 

31 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2]  [n+3

] 

[n+4] [n+5]

17 

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

(Please specify each revenue budget line involved, adding the appropriate number of rows to 
the table if there is an effect on more than one budget line.) 

4.2. 

Human resources FTE (including officials, temporary and external staff) – see 
detail under point 8.2.1. 

Annual requirements 

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

Total  number  of  human 
resources 

1A*/A
D 

1A*/
AD 

1A*/A
D 

1A*/A
D 

1A*/A
D 

1A*/A
D 

5. 

CHARACTERISTICS AND OBJECTIVES 

5.1. 

Need to be met in the short or long term 

To  reduce  the  climate  change  impact  of  aviation  by  including  aviation  in  the 
Community  greenhouse  gas  emission  allowance  trading  scheme  (see  Explanatory 
Memorandum  Section  'Grounds  for  and  objectives  of  the  proposal).  To  this  end, 
financial resources are necessary for:  

–  the development of implementing rules and guidance required by the proposal; 

–  the  procurement  of  studies  or  other  technical  assistance  related  to  the 

implementation;  

–  the performance of tasks attributed to the Commission by the Directive including 
decisions  relating  to  the  allocation  of  allowances  and  the  preparation  and 
maintenance of a list of the administering Member State for each aircraft operator.  

A sum of € 200 000 in the first year, followed by a further € 140 000 in the second 
year  and  € 40 000  in  the  third  year  is  expected  to  be  required  for  the  procurement 
studies or other technical assistance related to the implementation of the Directive. A 
further  € 200 000  is  anticipated  in  2012  for  further  technical  assistance  and 
evaluation. 

17 

Additional columns should be added if necessary, i.e. if the duration of the action exceeds 6 years. 

EN 

32 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Adaptations  to  the  IT  systems  for  the  Community  Independent  Transaction  log  are 
foreseen in the year 2009 (€ 25 000). 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal  with 
other financial instruments and possible synergy 

Harmonised  action  to  reduce  the  climate  change  impact  of  aviation  can  best  be 
achieved  through  legislation  and  coordination  at  a  Community  level.  (See  also 
Section 3 of the Explanatory Memorandum) 

Operational expenditure is envisaged within the part of the LIFE+ budget subject to 
central direct management. 

5.3. 

Objectives, expected results and related indicators of the proposal in the context 
of the ABM framework 

To  reduce  the  climate  change  impact  of  aviation  by  including  aviation  in  the 
Community greenhouse gas emission allowance trading scheme. In particular: 

–  to include the air transport sector in efforts to mitigate climate change; 

–  to internalise the external costs of climate change; and 

–  to  contribute  to  improving  the  environmental  performance  of  air  transport 
operations by strengthening the economic incentives for air transport operators to 
reduce their impact on the climate. 

5.4.  Method of implementation (indicative) 

X 

Centralised management 

X 

directly by the Commission 

(cid:133) 

indirectly by delegation to: 

(cid:133) 

executive Agencies 

(cid:133) 

bodies set up by the Communities as referred to in Article 185 of 
the Financial Regulation 

(cid:133) 

national public-sector bodies/bodies with a public-service mission 

(cid:133) 

Shared or decentralised management 

(cid:133)  with Member States 

(cid:133)  with third countries 

(cid:133) 

Joint management with international organisations (please specify) 

Relevant comments: 

EN 

33 

   EN 

 
6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

Member  States  will  have  to  report  on  all  actions  and  measures  they  take  to 
implement the Directive.  

Contracts  signed  by  the  Commission  for  the  purpose  of  the  implementation  of  the 
Directive must provide for supervision and financial control by the Commission (or 
any  representative  authorised  by  it)  and  for  audits  by  the  Court  of  Auditors,  if 
necessary on the spot. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

See  the  impact  assessment  accompanying  this  proposal  as  a  Commission  Staff 
Working  Paper.  The  economic,  social,  health  and  environmental  impacts  of  all  the 
measures proposed have been assessed. 

6.2.2.  Measures taken following an intermediate/ex-post evaluation (lessons  learned from 

similar experience in the past) 

The measures proposed and the accompanying impact assessment take into account 
lessons learned from the operation of the Community scheme.  

6.2.3.  Terms and frequency of future evaluation 

N/A 

7. 

ANTI-FRAUD MEASURES  

Internal control standards No 14, 15, 16, 18, 19, 20, and 21, and the principles laid 
down  in  Council  Regulation  (EC,  Euratom)  No  1605/2002  on  the  Financial 
Regulation  applicable  to  the  general  budget  of  the  European  Communities  will  be 
fully applied. 

EN 

34 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

Type of output 

Av. 
cost 

of 

(Headings 
objectives, 
and 
actions 
outputs should be 
provided) 

2007 

2008 

2009 

2010 

2011 

2012 and later 

TOTAL 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

No.  of 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

OPERATIONAL 
OBJECTIVE18 
Development 
implementing 
rules 
Commission 
decisions 

of 

and 

1 

0.200 

1 

0.140 

1 

0.065 

0.000 

0.000 

1 

0.200 

0.605 

Studies 
consultations  

and 

Adaptation  of 
implementation 
systems 

TOTAL COST 

0.200 

0.140 

0.65 

0.000 

0.000 

0.200 

0.605 

18 

As described under Section 5.3. 

EN 

35 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative expenditure 

8.2.1.  Number and type of human resources 

Types of post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

2007 

2008 

2009 

2010 

2011 

2012 

A*/AD 

1 

1 

1 

1 

1 

1 

B*, 
C*/AST 

Officials or 
temporary 
staff19 (XX 01 
01) 

financed20 

Staff 
Article XX 01 02 

by 

Other  staff21  financed by 
Article XX 01 04/05 

TOTAL 

1 

1 

1 

1 

1 

1 

8.2.2.  Description of tasks deriving from the action 

–  Preparing  implementing  regulations  on  auctioning  and  guidance  on  monitoring, 

reporting and verification requirements  

–  Verification of implementation in the Member States 

–  Preparation and updating of list of administering Member States  

–  Commission  decisions  in  relation  to  the  allocation  of  allowances  to  the  aviation 

sector. 

8.2.3. 

Sources of human resources (statutory) 

(cid:133) 

(cid:133) 

(cid:133) 

X 

(cid:133) 

Posts currently allocated to the management of the programme to be replaced 
or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing  service 
(internal redeployment) 

Posts  required  for  year  n  although  not  foreseen  in  the  APS/PDB  exercise  for 
the year in question 

19 
20 
21 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included in the reference amount. 

EN 

36 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2.4.  Other  administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

Budget line 

(number and heading) 

EUR million (to 3 decimal places) 

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

TOTAL 

Technical 

and 
1 
assistance (including related staff costs) 

administrative 

Executive agencies22 

Other 

technical 

and 

administrative 

assistance 

- intra muros  

- extra muros 

Total 
assistance 

technical  and  administrative 

8.2.5.  Financial cost of human resources and associated costs not included in the reference 

amount 

Type of human resources 

2007 

2008 

2009 

2010 

2011 

2012 
and later 

EUR million (to 3 decimal places) 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

Officials  and  temporary  staff 
(XX 01 01) 

Staff  financed  by  Art  XX  01 
02  (auxiliary,  END,  contract 
staff, etc.) 

(specify budget line) 

of 

cost 

Total 
human 
resources  and  associated 
in  reference 
costs 
amount) 

(NOT 

0.108 

0.108 

0.108 

0.108 

0.108 

0.108 

Calculation– Officials and temporary agents 

The standard salary for 1A*/AD official as referred to in Point 8.2.1 is € 0.108 M 

22 

Refer to the specific legislative financial statement for the Executive Agency(ies) concerned. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Staff financed under Article XX 01 02 

N/A 

8.2.6. Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places)

2007 

2008 

2009 

2010 

2011 

2012 
and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

0.004 

0.004 

0.004 

0.004 

0.004 

0.004 

0.024 

XX 01 02 11 02 – Meetings & conferences 

0.000 

0.027 

0.027 

0.027 

0.027 

0.027 

0.135 

XX 01 02 11 03 – Committees23  

0.000 

0.054 

0.027 

0.000 

0.000 

0.000 

0.081 

XX 01 02 11 04 – Studies & consultations 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

XX 01 02 11 05 - Information systems 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

0.000 

2 Total other management expenditure 

(XX 01 02 11) 

3  Other 

expenditure 

administrative 
including reference to budget line) 

nature 

of 

an 
(specify 

administrative 
expenditure, 
than  human  resources  and 
in 

Total 
other 
associated  costs  (NOT 
reference amount 

included 

0.004 

0.085 

0.058 

0.031 

0.031 

0.031 

0.240 

Calculation - Other administrative expenditure not included in reference amount 

Four missions at a unit cost of € 1 000 are foreseen every year from 2009 to 2013, in order to 
explain the proposal and facilitate its implementation in the Member States.  

Meetings  of  the  Climate  Change  Committee  (unit  cost:  € 27 000)  are  foreseen  in  2008  and 
2009 for the adoption of implementing rules and guidance.  

The human and administrative resources needed shall be covered from within the allocation 
granted to the managing DG in the framework of the annual allocation procedure.  

23 

Specify the type of committee and the group to which it belongs. 

EN 

38 

   EN