PURPOSE: to amend Directive 2003/87/EC on the EU Emissions Trading Scheme (EU ETS) in order to phase out free emission allowances for aviation and to align with the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).
LEGISLATIVE ACT: Decision (EU) 2023/136 of the European Parliament and of the Council amending Directive 2003/87/EC as regards the notification of offsetting in respect of a global market-based measure for aircraft operators based in the Union.
CONTENT: the Council adopted the decision on the notification of CORSIA (Carbon Offsetting and Reduction Scheme for International Aviation) offsetting requirements, which aims to contribute to world wides ambitious goals towards climate neutrality.
The Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) of the International Civil Aviation Organization (ICAO) has been in operation since 2019 as regards the monitoring, reporting and verification of emissions, and is intended to be a globally applied market-based measure aiming to offset international aviation carbon dioxide emissions from 1 January 2021 above a fixed emissions level with certain offset credits.
The adopted decision enables Member States to fulfil their first annual obligation to notify operators based in the Union of their CORSIA offsetting requirements, in line with their international commitments in ICAO.
The decision stipulates that by 30 November 2022, Member States will notify aircraft operators that, in respect of the year 2021, their offsetting requirements of ICAOs International Standards and Recommended Practices on Environmental Protection for Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA SARPs) amount to zero.
Member States will notify aircraft operators that fulfil the following conditions:
- the aircraft operators hold an air operator certificate issued by a Member State or are registered in a Member State, including in the outermost regions, dependencies and territories of that Member State; and
- they produce annual CO2 emissions greater than 10 000 tonnes from the use of aeroplanes with a maximum certified take-off mass greater than 5 700 kg conducting flights other than those departing and arriving in the same Member State, including the outermost regions of that Member State, from 1 January 2021.
CO2 emissions from state, humanitarian, medical, military and fire-fighting flights, as well as flights preceding or following a humanitarian, medical or fire-fighting flight under certain conditions, will not be taken into account.
This decision is intended to be a purely temporary measure. It will allow Member States to honour their international commitments and fulfil their notification obligations in accordance with the rules laid down by the ICAO until new rules under the revision of the ETS for aviation are adopted by the co-legislators and transposed into Member States law.
ENTRY INTO FORCE: 21.1.2023.