Decree No. 2011-90 Of January 24, 2011, Bringing Integration Of Aviation In The Eu Emissions Trading Scheme To Greenhouse

Original Language Title: Décret n° 2011-90 du 24 janvier 2011 portant intégration des activités aériennes dans le système communautaire d'échange de quotas d'émission de gaz à effet de serre

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Texts transposed Directive 2008/101/EC of the European Parliament and of the Council amending directive 2003/87/EC so as to include aviation activities in the community emissions trading scheme for greenhouse summary complete Transposition of directive 2008/101/EC of the European Parliament and of the Council amending directive 2003/87/EC so as to include aviation activities in the community emissions trading scheme for greenhouse.
Keywords ecology, environment, CODE of the environment, PROTECTION of NATURE and the environment, air TRANSPORT, gas pollutant, activity air, gas A greenhouse effect, EMISSION of gas A greenhouse effect, INTEGRATION, QUOTA, European Community, EC, System community, aircraft, operator, REDUCTION of gas EMISSIONS, IMPACT on the environment, community environment policy, APPLICATION of Regulation (EC), European HARMONISATION, European DIRECTIVE, TRANSPOSITION COMPLETE JORF n ° 0020 January 25, 2011 page 1464 text no. 2 order No. 2011-90 of 24 January 2011 concerning integration of aviation activities in the Community system of trading emissions of greenhouse NOR: DEVA1031671D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/1/24/DEVA1031671D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2011/1/24/2011-90/jo/texte Prime Minister, on the report of the Minister of ecology, sustainable development, transport and housing , Having regard to the Treaty on the functioning of the European Union, particularly article 355, paragraph 1;
Having regard to the convention on international civil aviation of 7 December 1944, all protocols that modified it, and including the Protocol of 30 September 1977 concerning the text authentic quadrilingual of the convention;
Having regard to Regulation (EC) no 1008/2008 of the European Parliament and of the Council of 24 September 2008 establishing common rules for the operation of air services in the community;
Having regard to directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance within the community and amending Council directive 96/61/EC;
Having regard to directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 so as to include aviation activities in the scheme for greenhouse gas emission allowance;
Having regard to the penal code, especially articles 131-13 and 131-41;
Having regard to the code of the environment, particular articles L. 120 - 1, L. 229 - 5 at L. 229 - 19;
Having regard to the code of civil aviation, particular articles R. 160 - 3, R. 160 - 6 and R. 330 - 20;
Having regard to Decree No. 97-34 dated January 15, 1997 as amended relating to the devolution of individual administrative decisions;
The Council of State (section of public works) heard, enacts as follows: Article 1 more on this article...

Chapter IX of title II of book II of the environment code is amended as follows: i. ― the title of subsection 1 of section 2 is supplemented by the following words: "applied to the installations classified for the protection of the environment".
II. — after subsection 2 of section 2, inserted a subsection 3 as follows: "sub-section 3" system of trading emission of greenhouse gases applied to aircraft operators 'Art.R.»» 229 37-1. - for the purposes of the provisions referred to in articles L. 229 - 12 and L. 229 - 18 relating to greenhouse gas emissions resulting from aviation activities and of the provisions of this subsection, the competent administrative authority is the Minister responsible for civil aviation.
"For the purposes of this subsection, means: ' ― 'period', the period of time defined in article L. 229 I - 12;
"―"commercial air carrier", one operator which provides to the public for remuneration services scheduled or non-scheduled air transportation for passengers, freight or mail routing.
«Art.D 229-37-2. - this subsection applies to the emission in the atmosphere of carbon dioxide from aircraft operators referred to in article L. 229 - 5 therefore they carry out an aviation activity, defined as any flight arriving or departing from an aerodrome situated in the territory of a Member State of the European Union, excluding types of following flights: «a) flight carried out exclusively for the purpose of transport» , on official mission, a reigning monarch and his immediate family, a head of State, head of Government or a Minister of a State which is not a member of the European Union, where this is substantiated by an appropriate indication of the status in the flight plan;
«b) military flight by a military aircraft flight carried out by the services of the customs or the police;
"(c) flight search and rescue, flight of fight against fire, humanitarian flight or medical emergency flight duly authorized;
"d) exclusively flight rules flight at such sight as defined in annex 2 of the convention on international civil aviation, signed on 7 December 1944;
«e) flight ending at the aerodrome from which the aircraft had taken off and during which no intermediate landing has been made;
«f) training flight carried out exclusively for the purpose of obtaining a licence, or a rating in the case of crew, when this is corroborated by a proper on the flight plan Note, provided that the flight does not serve for the transport of goods or passengers; for the establishment or the delivery of the aircraft
«g) flight carried out exclusively for the purpose of scientific research or controls, testing or certification of aircraft; and equipment that they are embedded or to the ground
"(h) flight by an aircraft whose maximum certificated take-off mass is less than 5 700 kg;
' i) flight carried out within the framework of public service obligations imposed pursuant to Regulation (EC) no 1008/2008 on a binding within the ultra-peripheral regions specified in article 355, paragraph 1, of the Treaty on the functioning of the European Union or on a binding with the capacity offered does not exceed 30 000 seats per year; and ' j) flight which, with the exception of this point, would fall under this activity, directed by a carrier commercial air performing: "― either less than 243 flights per semester during the three consecutive terms of one year;
"― either flights producing total emissions lower than 10 000 tonnes per year.
«Flights performed exclusively for the purpose of transport, on official mission, a reigning monarch and his immediate family, a head of State, head of Government or Minister of a Member State of the European Union may not be excluded under the j.» Paragraph 1 "allocation and issue of allowances to aircraft operators"Art.R. " 229 37-3.-in order to benefit from the allocation of allowances issued free of charge referred to in article L. 229 II - 12, an aircraft operator shall submit an application to that effect to the competent authorities at that time submitted the declaration of data relating to its activity in terms of tonne-kilometres, carried out during the monitoring year. These are verified in accordance with the provisions of article L. 229 - 6. Application shall be submitted at least twenty one months before the start of the period to which it relates.
«Art.R. 229-37 - 4 ' competent authority shall submit to the European Commission applications received under article R. 229-37-3 in 18 months at least before the period to which the requests pertain. '' Within three months of the adoption by the European Commission of the repository to use to allocate for free allowances to operators of aircraft in accordance with the e of article 3 3E of directive 2003/87 / EC of 13 October 2003, the competent authority shall adopt and published for each period: "― the quantity of allowances allocated to each aircraft operator, calculated by multiplying the total of the data activities in terms of tonne-kilometres recorded in its application by the established benchmark. by the European Commission; and "― quotas to issue to each operator of aircraft each year, this amount being determined by dividing the total of the quotas for the period by the number of years of the period. ''
"The content of the register referred to in article L. 229 - 16 issued no later than February 28 of each year, by the account of operators, the quantity of allowances that they are assigned free of charge for the year in question.
"Paragraph 2" Special Reserve "Art.R." " 229 37-5.-in order to benefit from the allocation of allowances from the special reserve referred to III of article L. 229 - 12, an aircraft operator shall submit an application to that effect to the competent authority not later than 30 June of the third year of the period. This request: ' a) contains the data reporting of activity in terms of tonne-kilometres performed during the second calendar year of the period, these data being checked according to the provisions of the Decree relating to operators of aircraft referred to in article L. 229 - 6;

"(b) provides proof that the eligibility criteria referred to in article L. 229 III - 12 are filled; and, "c) indicates, in the case of an aircraft operator falling condition b of article L. 229 III - 12, the following details concerning the increase of activity in terms of tonne-kilometres between the monitoring year and the second calendar year of the period:" 1 ° the rate of increase;
«2 ° increase in terms of tonne-kilometres; «3 ° the portion of the increase in terms of tonne-kilometres that exceed an annual increase of 18%.
«Art.R. 229-37 - 6.-L' competent authority shall submit applications received under article R. 229-37-5 at the European Commission. '' Within three months of the adoption by the European Commission of the repository to use to allocate for free quotas to the aircraft operators in respect of the special reserve in accordance with article 5 3 f of directive 2003/87 / EC of 13 October 2003, the competent authority shall adopt and publish: 'a) the quantity of allowances from the special reserve earmarked for the period to each aircraft operator whose submitted the request to the European Commission calculated by multiplying the repository established by the European Commission by: "the total of the data activities in terms of tonne-kilometres recorded in its application in the case of an aircraft under the condition operator 1°(a) of III of article L. 229 - 12;
«2 ° the portion of the increase in terms of tonne-kilometres that exceeds an annual increase of 18%, recorded in its application, in the case of an aircraft operator falling condition b of article L. 229 III - 12; and "(b)) the quantity of allowances from the special reserve to issue each year in each aircraft operator, which is determined by dividing the quantity of quotas under the item by the number of full calendar years remaining for the period.
"The content of register mentioned in article L. 229 - 16 shall, no later than February 28 of each year, by the account of operators, the quantity of allowances from the special reserve that they are assigned to the year in question.
«Paragraph 3 "Declaration of gas emissions to greenhouse effect and surrender of allowances 'Art.R.»» 229 37-7.-each aircraft operator referred to in article L. 229 - 5 submits to no later than 31 August of the year preceding a period, a plan for monitoring of emissions for the period to the competent authority which approved it. Emissions monitoring plan can be submitted in the form of an amendment to a previously submitted emissions monitoring plan.
'Current period, within two months after such air activity as defined in article D 229-37-2, any new operator of aircraft referred to in article L. 229 - 5 shall submit a plan for monitoring of its programming for the remainder of the period to the competent authority which approved it.
«Each year from 2013, to no later than March 31, each aircraft operator who first submitted a plan for monitoring of emissions shall submit to the competent authority a statement of emissions resulting from its flying the previous year's activities, these emissions data being checked according to the provisions of article L. 229 - 14. ' competent authority transmits the statements by operators to the Commission European as well as the content of the register referred to in article L. 229-16.»
«Art.R. 229-37 - 8.-A starting from the year 2013 and no later than 30 April of each year, each aircraft operator referred to in article L. 229 - 5 renders the State an amount of allowances equal to the emissions resulting from its aviation activities of the previous year on the basis of his statement referred to in article R. 229-37-7. ''
«Paragraph 4 ' Sanctions 'Art.R.»» 229 37-9.-failure by an operator of aircraft of any of the provisions of article R. 229-37-7, the competent authority makes this operator remains to respect under a month. The formal notice sets out the criminal fine and prompts the operator to submit its observations. If the operator not discharged its obligations within the period of notice, the competent authority may decide against an administrative fine under the following conditions: "― in the case where the operator is a commercial air carrier within the meaning of the provisions of article R. 229-37-1, the administrative fine may be pronounced under the conditions laid down in articles R. 330 - 20 et seq of the code of civil aviation;
"― otherwise, the administrative fine is the amount prescribed in the 4 ° of article 131-13 of the penal code, the provisions of article 131-41 of this same code being applicable.
"Art.D. 229 - 37 - 10 - for the purposes of the procedure of sanction II of article L. 229 - 18, the date which is determined by the contents of the register referred to in article L. 229 - 16 the share of allowances surrendered enough by an aircraft operator shall be April 30 of each year beginning in 2013."
"At the end of the procedure of sanction in article L. 229 - 18, if it has not fully complied with the obligation of restitution of quotas, the competent authority pronounced the fine against the offending aircraft operator. '' This decision is published and notified to the aircraft operator as well as the content of the register mentioned in article L. 229 - 16. ' Article 2 more on this article...

The civil aviation code is amended as follows: i. ― at the end of article R. 160 - 3 are added the following words: "of this code or the provisions relating to emissions trading of greenhouse gas greenhouse of article R. 229-37-7 of the code of the environment."
II. — at the end of the first sentence of article R. 160 - 6 are added the following words: "of this code or the provisions relating to emissions trading of greenhouse gas greenhouse of article R. 229-37-7 of the code of the environment."
III. ― to article r 330 - 20, it is added '9' as well written: '9 or, as an operator of aircraft referred to in article L. 229 - 5 of the code of the environment, commercial air carrier within the meaning of the p of article 3 of directive 2003/87/EC of 13 October 2003, does not meet obligations relating to emission allowances of greenhouse gas greenhouse resulting from the provisions of article R. 229-37-7 of the code of the environment.'


Article 3 read more on this article...

I. ― in 2011, at the end of an activity within the meaning of section D. 229-37-2 of the environment code, any operator of aircraft referred to in article L. 229 - 5 of the code submitted within a maximum period of two months a monitoring of its emissions plan to the Minister responsible for civil aviation, which approves it. No later than March 31, 2012, it submits to the Minister responsible for civil aviation a statement by 2011, verified emissions in accordance with the provisions of article L. 229 - 14 of the code.
Failure by an operator of aircraft of any of the provisions of the preceding paragraph, the Minister responsible for civil aviation is that operator demand respect in a month. The formal notice sets out the criminal fine and prompts the operator to submit its observations. If the operator not discharged its obligations within the period of notice, the Minister responsible for civil aviation may decide against an administrative penalty of the amount under 3 ° of article 131-13 of the penal code. The provisions of article 131-41 of this code shall apply.
II. — for the year 2012, the applications referred to in article R. 229-37-3 of the code of the environment are subject to the Minister responsible for civil aviation before March 31, 2011, which forwards this request to the European Commission before June 30, 2011.


Article 4 more on this article...

The Minister of ecology, sustainable development, transport and housing and the Secretary of State to the Minister of ecology, sustainable development, transport and housing, the transport loaded, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Is January 24, 2011.
François Fillon Prime Minister: the Minister of ecology, sustainable development, transport and housing, Nathalie Kosciusko-Morizet, Secretary of State from the Minister of ecology, sustainable development, transport and housing, responsible for transport Thierry Mariani