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25.4.2013 Official
Journal
of
the
European
Union L
113/1
I
(Legislative acts)
DECISIONS
DECISION No 377/2013/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 24 April 2013
derogating temporarily from Directive 2003/87/EC establishing a scheme for greenhouse gas
emission allowance trading within the Community
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(3) The
Union
is
committed
to
reducing
its
CO 2 emissions,
EUROPEAN UNION,
including emissions from aviation. All sectors of the
economy should contribute to achieving those emission
reductions.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 192(1) thereof,
(4) The
negotiation
of
all
Union
aviation
agreements
with
Having regard to the proposal from the European Commission,
third countries should be aimed at safeguarding the
Union’s flexibility to take action in respect of environ
mental issues, including with regard to measures to
After transmission of the draft legislative act to the national
mitigate the impact of aviation on climate change.
parliaments,
Having regard to the opinion of the European Economic and
Social Committee (
(5) Progress
has
been
made
in
the
International
Civil

1 ),
Aviation Organisation (ICAO) towards the adoption, at
the 38th session of the ICAO Assembly which will be
held from 24 September to 4 October 2013, of a global
After consulting the Committee of the Regions,
framework for emissions reduction policy which
facilitates the application of market-based measures to
emissions from international aviation, and on the devel
Acting in accordance with the ordinary legislative procedure ( 2 ),
opment of a global market-based measure (MBM). Such a
framework could make a significant contribution to the
reduction of national, regional and global CO
Whereas:
2 emissions.

(1) The
aviation
sector
has
a
strong
international
character.
A global approach to addressing the rapidly growing
(6) In order to facilitate this progress and provide
emissions from international aviation would therefore
momentum, it is desirable to defer the enforcement of
be the preferred and most effective way of reducing
requirements arising prior to the 38th session of the
aviation emissions.
ICAO Assembly and relating to flights to and from aero

dromes in countries outside the Union that are not
members of the European Free Trade Association
(EFTA), dependencies and territories of States in the
(2)
The United Nations Framework Convention on Climate
European Economic Area (EEA) or countries having
Change (UNFCCC) requires all parties to formulate and
signed a Treaty of Accession with the Union. Action
implement national and, where appropriate, regional
should therefore not be taken against aircraft operators
programmes containing measures to mitigate climate
in respect of the requirements resulting from Directive
change.
2003/87/EC of the European Parliament and of the
Council ( 3 ) for the reporting of verified emissions for
( 1 ) Opinion of 13 February 2013 (not yet published in the Official
the calendar years 2010, 2011 and 2012 and for the
Journal).
corresponding surrender of allowances for 2012 from
( 2 ) Position of the European Parliament of 16 April 2013 (not yet
published in the Official Journal) and decision of the Council of
22 April 2013.
( 3 ) OJ L 275, 25.10.2003, p. 32.

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L 113/2
EN
Official Journal of the European Union
25.4.2013
flights to and from such aerodromes. Aircraft operators
progress made at the 38th session of the ICAO
who wish to continue to comply with those requirements
Assembly and swiftly propose measures in line with
should be able to do so.
the results, as appropriate.
(12) It is essential to ensure legal certainty for aircraft
(7) In
order
to
avoid
distortions
of
competition,
the
dero
operators and national authorities in view of the
gation provided for by this Decision should only apply in
surrender deadline of 30 April 2013 as referred to in
respect of aircraft operators that have either not received
or have returned all free allowances which have been
Directive 2003/87/EC. Accordingly, this Decision should
issued in respect of such activities occurring in 2012.
apply from the date of its adoption,
For the same reason, those allowances should not be
taken into account for the purposes of calculating
HAVE ADOPTED THIS DECISION:
entitlements to use international credits within the
framework of Directive 2003/87/EC.
Article 1
By way of derogation from Article 16 of Directive 2003/87/EC,
(8) 2012
aviation
allowances
that
are
not
issued
to
such Member States shall take no action against aircraft operators in
aircraft operators or are returned should be taken out
respect of the requirements set out in Article 12(2a) and
of circulation by cancellation. The number of aviation
Article 14(3) of that Directive for the calendar years 2010,
allowances that are auctioned should be adjusted as a
2011 and 2012 in respect of activity to and from aerodromes
result of the implementation of this Decision, in order
in countries outside the Union that are not members of EFTA,
to ensure compliance with Article 3d(1) of Directive
dependencies and territories of States in the EEA or countries
2003/87/EC.
having signed a Treaty of Accession with the Union, where such
aircraft operators have not been issued free allowances for such
activity in respect of 2012 or, if they have been issued such
(9) The
derogation
provided
for
by
this
Decision
should
not allowances, have returned, by the thirtieth day following the
affect the environmental integrity and the overarching
entry into force of this Decision, to Member States for cancel
objective of the Union’s climate change legislation, nor
lation a number of 2012 aviation allowances corresponding to
should it result in distortions of competition. Accord
the share of verified tonne-kilometres of such activity in the
ingly, and so as to preserve the overarching objective
reference year 2010.
of Directive 2003/87/EC, which forms part of the legal
framework for the Union to achieve its independent
commitment to reduce its emissions to 20 % below
Article 2
1990 levels by 2020, that Directive should continue to
1. Member
States
shall
cancel
all
2012
aviation
allowances
apply to flights from, or arriving in, aerodromes in the
that have either not been issued or, if issued, have been returned
territory of a Member State, to or from aerodromes in
to them, in respect of flights to and from the aerodromes
certain closely connected or associated areas or countries
referred to in Article 1.
outside the Union.
2. In
respect
of
the
cancellation
referred
to
in
paragraph
1,
(10) The
derogation
provided
for
by
this
Decision
relates
only
Member States shall auction a reduced number of 2012 aviation
to 2012 aviation emissions. The ICAO High Level Group
allowances. That reduction shall be proportional to the lower
on International Aviation and Climate Change (HGCC)
number of total aviation allowances in circulation. To the extent
was established to provide guidance on the development
that the reduced number of those allowances has not been
of a framework for MBMs, to evaluate the feasibility of
auctioned prior to 1 May 2013, Member States shall adjust
options for a global MBM and to identify a set of tech
accordingly the number of aviation allowances to be
nological and operational measures. This derogation is
auctioned in 2013.
provided by the Union to facilitate an agreement at the
38th session of the ICAO Assembly on a realistic
Article 3
timetable for the development of a global MBM beyond
the 38th session of the ICAO Assembly and on a
Aviation allowances cancelled pursuant to Article 2 shall not be
framework for facilitating the comprehensive application
taken into account for the purposes of calculating entitlements
of national and regional MBMs to international aviation,
to use international credits within the framework of Directive
pending the application of the global MBM. On this
2003/87/EC.
basis, with a view to facilitating the optimal interaction
between any such outcome and the scheme for
Article 4
greenhouse gas emission allowance trading within the
Union, further steps could be considered. In this
The Commission shall issue the guidance necessary for the
respect, the Commission should, when assessing the
implementation of this Decision.
need for further action, also take into account the
possible impact on intra-European air traffic with a
view to avoiding any distortions of competition.
Article 5

The Commission shall regularly inform the European Parliament
and the Council on the progress of ICAO negotiations and shall
(11) The
Commission
should
provide
a
full
report
to
the
provide a full report to them on the results achieved at the 38th
European Parliament and to the Council on the
session of the ICAO Assembly.

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EN
25.4.2013 Official
Journal
of
the
European
Union L
113/3
Article 6
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
It shall apply from 24 April 2013.
Article 7
This Decision is addressed to the Member States.
Done at Brussels, 24 April 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
S. COVENEY

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L 113/4
EN
Official Journal of the European Union
25.4.2013
Statement from the Commission
The Commission recalls that, according to Article 3d of Directive 2003/87/EC, revenues generated from the
auctioning of aviation allowances should be used to tackle climate change in the EU and third countries,
inter alia, to reduce greenhouse gas emissions, to adapt to the impacts of climate change in the EU and third
countries, especially developing countries, to fund research and development for mitigation and adaptation,
including in particular in the fields of aeronautics and air transport, to reduce emissions through low-
emission transport and to cover the cost of administering the Community scheme. The proceeds of
auctioning should also be used to fund contributions to the Global Energy Efficiency and Renewable
Energy Fund, and measures to avoid deforestation.
The Commission notes that Member States shall inform the Commission of actions taken pursuant
to Article 3d of the Directive 2003/87/EC on the use of revenues generated from the auctioning of
aviation allowances. Specific provisions on the content of this reporting are set out in Regulation (EU)
No …/2013 ( 1 ) on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting
other information at national and Union level relevant to climate change and repealing Decision No
280/2004/EC. Further details will be set out in a Commission implementing act under Article 18 of that
Regulation. Member States will make the reports public, and the Commission will publish aggregate Union
information on these in an easily accessible form.
The Commission emphasises that a global market-based mechanism putting an international price on
carbon emissions from international aviation transport could, in addition to achieving its primary goal
of emission reductions, help provide the necessary resources to support international climate change
mitigation and adaptation measures.
( 1 ) To be soon published in the Official Journal.

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