Aviation & Maritime

Explain the amendments in Directive 2008/101/EC.

Amends the EU ETS Directive 2003 to include aviation emissions in the scheme.

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How are GHG emissions from shipping and aviation regulated under the climate change regime?

Largely unregulated: PA did not contain any provisions on this.

UNFCCC: all sectors, including transport, are to be included in cooperation of reducing GHGs.

Kyoto Protocol: art 2 specifically excludes aviation and shipping from its scope.

ICAO and IMO

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What is the scope of the 2008 Aviation Directive?

Applies to all flights arriving to or departing from an aerodrome in the territory of a MS.

Exclusion of certain flights in Annex I: small aircraft carriers, firefighters, research, official missions, military, humanitarian.

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What is the objective of the Aviation Directive?

The objective is to reduce emissions from international aviation in a cost-effective manner.

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What are the main elements of the 2008 Aviation Directive?

Inclusion of aviation emissions within the EU ETS.
Allocation of allowances: 85% auctioned, 15% for free.
Stationary installations cannot use aviation allowances for compliance with their targets, but aviation can use stationary allowances.

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Describe the international reaction to the inclusion of aviation emissions in the EU ETS.

The amendment was not well received, with many countries arguing that it was a breach of other international law conventions (see case). This led to a temporary derogation, and then the EU limited the scope of the Directive so that it only applies to flig

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Explain recent developments in aviation emissions regulation.

ICAO adopted the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA) which addresses any annual increase in aviation emissions.

Divided into three phases: the first two are subject to voluntary participation, and the third is manda

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Describe the facts and judgement of the Air Transport Association of America and Others v Secretary of State for Energy and Climate Change.

Applicants arguing that the inclusion of aviation emissions in the EU ETS was a breach of several international conventions. It was held that there was no breach of the Chicago Convention because the EU is not a party to this. There was no breach of the K

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What is the role of the ICAO and IMO?

The mandate of the ICAO is to help states to achieve the highest posisble degree of uniformity in civil aviation regulations, standards, procedures and organisation. At the 39th Assembly they adopted the Carbon Offsetting and Reduction Scheme for Internat

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What are the challenges in developing legislation to target aviation and shipping emissions?

Disagreement over the principles to be applied, particularly in relation to tensions between CBDR and equal treatment.

Disagreement over which should be the competent body to regulate and facilitate agreements.

Disagreement over the targets that should

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Aviation & Maritime

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