Table of Contents

Climate Change and European Emissions Trading

Climate Change and European Emissions Trading

Lessons for Theory and Practice

New Horizons in Environmental and Energy Law series

Edited by Michael Faure and Marjan Peeters

This timely book focuses on the EU-wide greenhouse gas emissions trading scheme for major sources. It combines legal and economic approaches and reviews the major revision of this scheme. A distinguished range of authors assess the experiences thus far and also consider future development from both theoretical and practical perspectives. They also discuss many design options, including auctioning, credit and trade, the inclusion of aviation emissions, and linking possibilities. Moreover, attention is paid to the role of legal principles, the role of case law, and to aspects of democratic accountability within an emissions trading scheme. Ways to avoid carbon leakage and the role of national climate policies are also discussed. This book makes clear that the economic efficiency and effectiveness of an emissions trading scheme depend to a large extent on the specific legislative choices, and hence the legislative design of such a scheme deserves meticulous attention.

Chapter 12: Expansion of the EU ETS: The Case of Emissions Trading for Aviation

Giedre Kaminskaite-Salters

Subjects: environment, environmental law, law - academic, environmental law


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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