Lessons for Theory and Practice
New Horizons in Environmental and Energy Law series
Edited by Michael Faure and Marjan Peeters
Chapter 12: Expansion of the EU ETS: The Case of Emissions Trading for Aviation
1 Giedre Kaminskaite-Salters 1. INTRODUCTION The EU ETS represents the key instrument of the EU’s climate change policy. The fact that only around 12 000 installations, accounting for about 40% of the EU’s total carbon dioxide emissions, are covered by the EU Emissions Trading Scheme (EU ETS), inevitably means that any emission reductions achieved via the scheme are liable to be counterbalanced by growth in emissions in excluded sectors unless those sectors are carbon constrained via taxation, regulation or other means. Moreover, as only carbon dioxide (CO2) is currently covered by the EU ETS, any rise in the emissions of other greenhouse gases2 is bound to undermine the cuts achieved in the reductions of CO2 ultimately hindering the efforts to prevent further climate change. Article 30 of the EU ETS Directive3 obliged the EU Commission to produce, by 30 June 2006, a report considering, inter alia, whether and how other sectors and activities should be included in the EU ETS, as well as the scope for extending its application to other greenhouse gases, with a view to further improving the economic efficiency of the scheme. Released in November 2006, the report, Building a global carbon market,4 stated that legislative proposals would follow in late 2007, with regulatory changes taking effect in Phase III of the EU ETS (namely, 2013–2020). The report stressed the Commission’s intention to expand the EU ETS Directive’s current 1 Giedre Kaminskaite-Salters is a solicitor at the international law firm Norton Rose LLP. The views...
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