Summary

To prohibit operators of civil aircraft of the United States from participating in the European Union’s emissions trading scheme, and for other purposes. Read More

Status

This bill was introduced in a previous session of Congress and was passed by the House on Oct 24, 2011 but was never passed by the Senate.

Bill Text

A BILL

To prohibit operators of civil aircraft of the United States from participating in the European Union's emissions trading scheme, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``European Union Emissions Trading Scheme Prohibition Act of 2011''.

SEC. 2. FINDINGS.

Congress finds the following: (1) The European Union has unilaterally imposed an emissions trading scheme (in this section referred to as the ``ETS'') on non-European Union aircraft flying to and from, as well as within, Europe. (2) United States airlines and other United States aircraft operators will be required under the ETS to pay for European Union emissions allowances for aircraft operations within the United States, over other non-European Union countries, and in international airspace for flights serving the European Union. (3) The European Union's extraterritorial action is inconsistent with long-established international law and practice, including the Chicago Convention of 1944 and the Air Transport Agreement between the United States and the European Union and its member states, and directly infringes on the sovereignty of the United States. (4) The European Union's action undermines ongoing efforts at the International Civil Aviation Organization to develop a unified, worldwide approach to reducing aircraft greenhouse gas emissions and has generated unnecessary friction within the international civil aviation community as it endeavors to reduce such emissions. (5) The European Union and its member states should instead work with...

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Organizations Supporting

Members of CAPA have been closely monitoring the issue of ETS for some time and we unequivocally support the prohibition of United States air carriers’ participation in the ETS. The European Union has missed the mark on this critical issue. The participation of U.S. air carriers in an ETS will have a significantly negative effect on the financial operation of flights operating to/from the EU. Further, the fees derived from the ETS do not go towards environmental improvements at all but rather to the coffers of the destination country. Thus, the ETS is but another tax on an already overtaxed business. The negative consequences of imposing an ETS are significant. The unilateral implementation of the ETS will ultimately cost U.S. aviation jobs, as flights to/from EU member nations will be less profitable due to lower “load factors” driven by increased fares. The U.S. carriers will ultimately reduce service or not increase frequency due to these lower margins. And, as previously mentioned, any fees from the ETS will do nothing to improve the environment. CAPA strongly believes that the implementation of the NextGen ATC system in the United States, which will allow our nations’ pilots to employ more efficient en-route navigation and instrument approaches, is the ultimate solution to lowering green house emissions. The use of these efficiencies will not only lower fuel consumption, thereby lowering the carbon footprint of the flight, but increase the profitability of U.S. carriers which will create growth and ultimately jobs for the U.S. aviation industry. Finally, CAPA fully supports Chairman Mica and the “European Union Emission Trading Scheme Prohibition Act of 2011” to prohibit U.S. carriers’ participation in the ETS. We stand ready to offer our support and hard work to aide in the passage of this important legislation. http://www.capapilots.org/Websites/capa/images/Documents/Legislative/Hearings/CAPA_Statement%20for%20the%20Hearing%20Record_ETS_27Jul2011.pdf

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"Chairman Mica and Subcommittee Chairman Petri, and Congressmen Rahall and Costello and their colleagues are to be commended for taking strong action to prevent the EU from implementing a plan that will have negative economic consequences for our economy, and for business aviation," said NBAA President and CEO Ed Bolen. "In spite of our industry's decades-long progress in reducing emissions, the costly fees would be levied at a time when our industry is just beginning to recover from a prolonged economic struggle, and the House bill is a welcome response to this reality, and to the importance of aviation in the U.S." Bolen noted that business aviation has long led the way in promoting advances aimed at mitigate the industry's environmental footprint, including application of new technologies that mean today's general aviation aircraft are cleaner, quieter and more fuel efficient than ever. In addition, the industry has long embraced operational advances that reduce aircraft emissions through efficiencies in aviation system use. "While the industry will continue working to minimize its carbon footprint, we welcome this strong signal from government leaders that emissions policies, like all aviation policies, should be set by the International Civil Aviation Organization (ICAO)." http://www.nbaa.org/news/pr/2011/20110721-060.php

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Organizations Opposing

Dear Representative, We strongly urge you to oppose the European Union Emissions Trading Scheme Prohibition Act of 2011, which would force U.S.-based airlines to violate a European anti-pollution law. By making it illegal for airlines to comply with the European law, the bill would not only worsen air pollution, but would also make it impossible for U.S.- based airlines to provide service to and from Europe. As a result, foreign-based carriers would be the only option for Americans flying to Europe. The bill is premised on fundamentally erroneous legal and policy assumptions. Contrary to the bill's assumptions, the Aviation Directive is carefully crafted to fall well within the requirements of international law. It is non-discriminatory and applies even-handedly to all flights landing in or departing from EU airports regardless of origin or destination, and to the operators of those flights regardless of the airline's home country. The program requires a 3% emissions reduction (compared to a 2004-2006 baseline) by 2013, and a 5% reduction by 2020; it is flexible in design, giving airlines multiple compliance options to meet these emissions control obligations. Moreover, flights arriving from countries with programs equivalent to the EU's are exempted altogether. Read more at http://www.edf.org/sites/default/files/11889_HR2594_NGO_Letter_072711.pdf

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Greenpeace 3 years ago

Dear Representative, We strongly urge you to oppose the European Union Emissions Trading Scheme Prohibition Act of 2011, which would force U.S.-based airlines to violate a European anti-pollution law. By making it illegal for airlines to comply with the European law, the bill would not only worsen air pollution, but would also make it impossible for U.S.- based airlines to provide service to and from Europe. As a result, foreign-based carriers would be the only option for Americans flying to Europe. The bill is premised on fundamentally erroneous legal and policy assumptions. Contrary to the bill's assumptions, the Aviation Directive is carefully crafted to fall well within the requirements of international law. It is non-discriminatory and applies even-handedly to all flights landing in or departing from EU airports regardless of origin or destination, and to the operators of those flights regardless of the airline's home country. The program requires a 3% emissions reduction (compared to a 2004-2006 baseline) by 2013, and a 5% reduction by 2020; it is flexible in design, giving airlines multiple compliance options to meet these emissions control obligations. Moreover, flights arriving from countries with programs equivalent to the EU's are exempted altogether. Read more at http://www.edf.org/sites/default/files/11889_HR2594_NGO_Letter_072711.pdf

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Dear Representative, We strongly urge you to oppose the European Union Emissions Trading Scheme Prohibition Act of 2011, which would force U.S.-based airlines to violate a European anti-pollution law. By making it illegal for airlines to comply with the European law, the bill would not only worsen air pollution, but would also make it impossible for U.S.- based airlines to provide service to and from Europe. As a result, foreign-based carriers would be the only option for Americans flying to Europe. The bill is premised on fundamentally erroneous legal and policy assumptions. Contrary to the bill's assumptions, the Aviation Directive is carefully crafted to fall well within the requirements of international law. It is non-discriminatory and applies even-handedly to all flights landing in or departing from EU airports regardless of origin or destination, and to the operators of those flights regardless of the airline's home country. The program requires a 3% emissions reduction (compared to a 2004-2006 baseline) by 2013, and a 5% reduction by 2020; it is flexible in design, giving airlines multiple compliance options to meet these emissions control obligations. Moreover, flights arriving from countries with programs equivalent to the EU's are exempted altogether. Read more at http://www.edf.org/sites/default/files/11889_HR2594_NGO_Letter_072711.pdf

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Environment America 3 years ago

Dear Representative, We strongly urge you to oppose the European Union Emissions Trading Scheme Prohibition Act of 2011, which would force U.S.-based airlines to violate a European anti-pollution law. By making it illegal for airlines to comply with the European law, the bill would not only worsen air pollution, but would also make it impossible for U.S.- based airlines to provide service to and from Europe. As a result, foreign-based carriers would be the only option for Americans flying to Europe. The bill is premised on fundamentally erroneous legal and policy assumptions. Contrary to the bill's assumptions, the Aviation Directive is carefully crafted to fall well within the requirements of international law. It is non-discriminatory and applies even-handedly to all flights landing in or departing from EU airports regardless of origin or destination, and to the operators of those flights regardless of the airline's home country. The program requires a 3% emissions reduction (compared to a 2004-2006 baseline) by 2013, and a 5% reduction by 2020; it is flexible in design, giving airlines multiple compliance options to meet these emissions control obligations. Moreover, flights arriving from countries with programs equivalent to the EU's are exempted altogether. Read more at http://www.edf.org/sites/default/files/11889_HR2594_NGO_Letter_072711.pdf

Share

Dear Representative, We strongly urge you to oppose the European Union Emissions Trading Scheme Prohibition Act of 2011, which would force U.S.-based airlines to violate a European anti-pollution law. By making it illegal for airlines to comply with the European law, the bill would not only worsen air pollution, but would also make it impossible for U.S.- based airlines to provide service to and from Europe. As a result, foreign-based carriers would be the only option for Americans flying to Europe. The bill is premised on fundamentally erroneous legal and policy assumptions. Contrary to the bill's assumptions, the Aviation Directive is carefully crafted to fall well within the requirements of international law. It is non-discriminatory and applies even-handedly to all flights landing in or departing from EU airports regardless of origin or destination, and to the operators of those flights regardless of the airline's home country. The program requires a 3% emissions reduction (compared to a 2004-2006 baseline) by 2013, and a 5% reduction by 2020; it is flexible in design, giving airlines multiple compliance options to meet these emissions control obligations. Moreover, flights arriving from countries with programs equivalent to the EU's are exempted altogether. Read more at http://www.edf.org/sites/default/files/11889_HR2594_NGO_Letter_072711.pdf

Share
World Wildlife Fund 3 years ago

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Bill Summary

To prohibit operators of civil aircraft of the United States from participating in the European Union’s emissions trading scheme, and for other purposes.

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