Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's Common Position regarding the 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 amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty
Date: 2008-09-18
Institutions: European Commission
Subjects: EU environmental policy, air transport, civil aviation, climate change, environmental impact, greenhouse gas, reduction of gas emissions, tradeable emission permit

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.9.2008 
COM(2008) 548 final 

2006/0304 (COD) 

OPINION OF THE COMMISSION 
pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
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 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250(2) of the EC Treaty 

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2006/0304 (COD) 

OPINION OF THE COMMISSION 
pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the 
European Parliament's amendments to the Council's Common Position regarding the 
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) 

1. 

BACKGROUND 

Procedure 

On  20  December  2006  the  Commission  submitted  a  Proposal  for  a  Directive  to  include 
aviation in the EU Emissions Trading Scheme to the European Parliament and the Council for 
adoption by co-decision procedure as laid down in Article 251 of the EC Treaty. 

The European Economic and Social Committee delivered its opinion on 31 May 2007. 

The Committee of the Regions delivered its opinion on 10 October 2007. 

The European Parliament adopted its position in first reading on 13 November 2007. 

The Council adopted its Common Position on 18 April 2008. 

The European Parliament adopted its position in second reading on 8 July 2008. 

2. 

OBJECTIVE OF THE COMMISSION PROPOSAL 

The aim of the Commission proposal is to address the growing climate impact attributable to 
aviation  by  including  aviation  in  the  Community  emissions  trading  scheme.  It  is  part  of  a 
comprehensive  approach  to  reducing  the  climate  change  impact  of  aviation  as  set  out  in 
document COM (2005)459 final of 27 September 2005. 

3. 

COMMISSION COMMENTS 

3.1 

General 

At  its  Plenary  Session  of  8  July  2008,  the  European  Parliament  adopted  a  compromise 
package  consisting  of  30  amendments  which  had  been  agreed  with  the  Council  in  view  of 
reaching a second reading agreement. 

These main amendments concern:  

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–  the total quantity of allowances to be allocated to the aviation sector 

–  the percentage of allowances to be auctioned;  

–  the use of revenues generated from the auctioning of allowances; 

–  the operation of the special reserve for fast growing operators; 

–  the timing and content of the review of the provisions of the Directive; and  

–  the exclusions from the scheme, including the de minimis exemption. 

The  Commission  accepts  all  these  amendments  as  they  are  in  line  with  the  overall  purpose 
and the general characteristics of the Proposal. The Commission takes note of the agreement 
between  the  Council  and  the  Parliament  regarding  the  possibility  to  increase  the  levels  of 
auctioning from 2013 in the context of the ETS review, where the Commission's position is 
set out in COM(2008)16. The Commission position remains that the level of auctioning in the 
aviation sector should be 20% in 2013.  

3.2 

Amended Proposal 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its Proposal as set out 
above. 

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