Key Benefits:
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing,
Considering the Treaty on the Functioning of the European Union, including Article 355, paragraph 1;
In view of the international civil aviation convention of 7 December 1944, the Protocols that amended it together, including the Protocol of 30 September 1977 concerning the authentic quadrilingual text of the Convention;
Considering Regulation (EC) No 1008/2008 of the European Parliament and Council of 24 September 2008 establishing common rules for the operation of air services in the Community;
Considering Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003, establishing a system for the exchange of greenhouse gas emission quotas in the Community and amending Council Directive 96/61/EC;
In light of 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 to integrate air activities into the community-based system for the exchange of greenhouse gas emission quotas;
Vu le Criminal codearticles 131-13 and 131-41;
Considering the environmental code, including articles L. 120-1, L. 229-5 to L. 229-19;
Considering the Civil Aviation Code, including its articles R. 160-3, R. 160-6 and R. 330-20;
Vu le Decree No. 97-34 of 15 January 1997 amended on the deconcentration of individual administrative decisions;
The State Council (section of public works) heard,
Decrete:
Chapter IX of title II of Book II of the Environmental Code is amended as follows:
I. ― The title of subsection 1 of section 2 is supplemented by the following phrase: "applied to facilities classified for environmental protection".
II. ― After subsection 2 of section 2, a sub-section 3 is inserted as follows:
"Subsection 3
" Gas Emission Exchange System
greenhouse effect applied to aircraft operators
"Art.R. 229-37-1.-For the purposes of the provisions referred to in sections L. 229-12 and L. 229-18 relating to greenhouse gas emissions resulting from the aerial activities and the provisions of this subsection, the competent administrative authority shall be the Minister for Civil Aviation.
"For the purpose of this subsection, it is defined as:
" ― "time", the time period defined in Article L. 229-12 in I;
"– "commercial air carrier" means an operator who provides regular or non-regular air transportation services to the public for the transportation of passengers, freight or mail.
"Art.D. 229-37-2.-This subsection applies to emissions in the carbon dioxide atmosphere of the aircraft operators referred to in section L. 229-5 as long as they conduct an air activity, defined as any flight to the arrival or departure of an aerodrome located in the territory of a Member State of the European Union, excluding the following types of flights:
“(a) Flights carried out exclusively for the purpose of carrying, on an official mission, a reigning monarch and his close family, a Head of State, a Head of Government or a Minister of a State that is not a member of the European Union, when corroborated by an appropriate indication of the status in the flight plan;
“(b) Military flight by military aircraft, flight by customs or police services;
"(c) Search and rescue flight, fire-fighting flight, humanitarian or emergency medical flight duly authorized;
"(d) Flights carried out exclusively by visual flight rules as defined in Annex 2 of the International Civil Aviation Convention signed on 7 December 1944;
“e) Flights ending at the aerodrome from which the aircraft took off and during which no intermediate landings were carried out;
“(f) Training flight carried out exclusively for the purpose of obtaining a licence, or qualification in the case of technical aircrew personnel, when corroborated by an appropriate flight remark, provided that the flight is not used for the carriage of passengers or goods, or for the installation or conveyance of the aircraft;
“(g) Flights carried out exclusively for scientific research or inspections, testing or certification of aircraft or equipment on board or on the ground;
“(h) Flights carried out by an aircraft with a maximum certificated take-off weight of less than 5,700 kg;
“(i) Flights made in the context of public service obligations imposed pursuant to Regulation (EC) No 1008/2008 on a link within the ultra-peripheral regions specified in Article 355, paragraph 1, of the Treaty on the Functioning of the European Union or on a link whose available capacity does not exceed 30,000 seats per year; and
“j) Flights that, with the exception of this point, would fall under this activity, carried out by a commercial air carrier:
" — less than 243 flights per quadrimestre during the three consecutive quadrimesters of a year;
“—the total emissions of flights less than 10,000 tonnes per year.
"Flights made exclusively for the purpose of carrying, on official mission, a reigning monarch and his close family, a head of state, a head of government or a minister of a Member State of the European Union cannot be excluded under the j.
“Paragraph 1
“Allocation and issuance of quotas
to aircraft operators
"Art.R. 229-37-3.-In order to benefit from the assignment of free-of-charge quotas referred to in Article L. 229-12, an aircraft operator shall submit an application to that effect to the competent authority, together with the reporting of the activity data in terms of tonnes-kilometers, carried out during the monitoring year. These data are verified in accordance with the provisions of Article L. 229-6. Any application shall be filed at least twenty-one month before the beginning of the period to which it relates.
"Art.R. 229-37-4.-The competent authority shall submit to the European Commission the applications received under Article R. 229-37-3 at least eighteen months before the period to which the applications relate. Within three months of the adoption by the European Commission of the repository to be used to allocate free quotas to aircraft operators in accordance with Article 3 e of Article 3 sexies of Directive 2003/87/EC of 13 October 2003, the competent authority shall decide and publish for each period:
"– the amount of quotas assigned to each aircraft operator, calculated by multiplying the total activity data in terms of tonnes-kilometers recorded in its application by the European Commission repository; and
"– the quotas to be issued to each aircraft operator each year, which is determined by dividing the total quota for the period by the number of years of the period.
"The content of the register referred to in Article L. 229-16 shall, by 28 February of each year, be issued by registration to the operator account, the amount of quotas that are assigned to them 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 quotas from the special reserve referred to in Article L. 229-12, an aircraft operator shall submit an application to that effect to the competent authority by 30 June of the third year of the period. This request:
“(a) Contains the reporting of activity data in terms of tonnes-kilometers carried out during the second calendar year of the period, which is verified according to the provisions of the Aircraft Operators Order referred to in Article L. 229-6;
“(b) Provides evidence that the eligibility criteria referred to in Article L. 229-12 are met; and,
"(c) In addition, in the case of an aircraft operator under condition (b) of section L. 229-12, the following details regarding the increase in activity in terms of tonnes-kilometers between the monitoring year and the second calendar year of the period:
« 1° The rate of increase;
« 2° The increase in terms of tons-kilometers; and
« 3° The share of the increase in tonnes-kilometers that exceeds an annual increase of 18%.
"Art.R. 229-37-6.-The competent authority shall submit the applications received under Article R. 229-37-5 to the European Commission. Within three months of the adoption by the European Commission of the repository to be used to allocate free quotas to aircraft operators under the special reserve in accordance with Article 3, paragraph 5, of Directive 2003/87/EC of 13 October 2003, the competent authority shall:
“(a) The amount of special reserve quotas assigned for the period to each aircraft operator whose application it has submitted to the European Commission, calculated by multiplying the reference established by the European Commission by:
« 1° The total activity data in terms of tonnes-kilometers recorded in the application in the case of an aircraft operator under condition (a) of Article L. 229-12;
« 2° The share of the increase in tonnes-kilometres that exceeds an annual increase of 18%, recorded in its application, in the case of an aircraft operator under condition b of section III L. 229-12; and
“(b) The amount of special reserve quotas to be issued annually to each aircraft operator, which is determined by dividing the amount of point a quota by the number of complete calendar years remaining for the period.
"The contents of the register referred to in Article L. 229-16 shall, by 28 February of each year, be issued by registration to the operators account, the amount of quotas of the special reserve assigned to them for the year in question.
“Paragraph 3
“Report on greenhouse gas emissions
and return of quotas
"Art.R. 229-37-7.-Each aircraft operator referred to in section L. 229-5 shall submit, by 31 August of the year preceding a period, a plan for monitoring its emissions for that period to the competent authority, which approves it. An emission monitoring plan may be submitted as an amendment to a previously submitted emission monitoring plan.
"In the course of the period, within two months of an air activity as defined in section D. 229-37-2, any new aircraft operator referred to in section L. 229-5 shall submit a plan for the monitoring of its emissions for the remainder of the period to the competent authority, which approves it.
"Each year from 2013, no later than March 31, each aircraft operator having previously submitted an emission monitoring plan shall submit to the competent authority a statement of the emissions resulting from its aerial activities of the previous year, as these emission data are verified according to the provisions of section L. 229-14. The competent authority shall transmit the declarations of operators to the European Commission and the contents of the register referred to in Article L. 229-16.
"Art.R. 229-37-8.-From 2013 and no later than 30 April of each year, each aircraft operator referred to in Article L. 229-5 shall return to the State a quantity of quotas corresponding to the emissions resulting from its aerial activities of the previous year on the basis of its declaration referred to in Article R. 229-37-7.
“Paragraph 4
“Sanctions
"Art.R. 229-37-9.-In the event of an aircraft operator's failure to comply with one of the provisions of section R. 229-37-7, the competent authority shall maintain that operator within one month. The restraining statement sets out the fine and invites the operator to submit its observations. If the operator has failed to comply with its obligations within the time of the stay, the competent authority may impose an administrative fine on the operator under the following conditions:
"in the event that the operator is a commercial air carrier within the meaning of the provisions of section R. 229-37-1, the administrative fine may be imposed under the conditions set out in sections R. 330-20 and following of the Civil Aviation Code;
"in the opposite case, the administrative fine is the amount provided by the 4° of Article 131-13 of the Criminal Codethe provisions of section 131-41 of the same code being applicable.
"Art.D. 229-37-10.-For the application of the sanction procedure provided for in Article L. 229-18, the date on which the registry content referred to in Article L. 229-16 is determined the share of quotas returned in insufficient quantity by an aircraft operator shall be fixed as of April 30 of each year from 2013.
"At the end of the sanction procedure provided for in Article L. 229-18, if it has not been fully satisfied with the obligation to return quotas, the competent authority shall pronounce the fine against the aircraft operator. This decision is published and notified to the aircraft operator as well as to the registry content referred to in section L. 229-16. »
The Civil Aviation Code is amended as follows:
I. ― At the end of section R. 160-3 are added the following words: "of this code or the provisions relating to the greenhouse gas emission quotas of section R. 229-37-7 of the Environmental Code. »
II. ― At the end of the first sentence of Article R. 160-6, the following words are added: "this code or the provisions relating to the greenhouse gas emission quotas of Article R. 229-37-7 of the Environmental Code. »
III. ― In R. 330-20, it is added a "9" as follows:
“9. In the case of an aircraft operator referred to in Article L. 229-5 of the Environmental Code, a commercial air carrier within the meaning of section 3 of Directive 2003/87/EC of 13 October 2003, does not comply with obligations relating to greenhouse gas emission quotas resulting from the provisions of Article R. 229-37-7 of the Environmental Code. »
I. ― In 2011, following an air activity within the meaning of section D. 229-37-2 of the Environmental Code, an aircraft operator referred to in section L. 229-5 of the Code shall submit within a maximum period of two months a plan for the monitoring of its emissions to the Minister for Civil Aviation, who approves it. No later than March 31, 2012, the Minister for Civil Aviation shall submit to the Minister for Civil Aviation a statement of its 2011 emissions, verified in accordance with the provisions of section L. 229-14 of the Code.
In the event of an aircraft operator's failure to comply with any of the provisions of the preceding paragraph, the Minister for Civil Aviation continues to respect the operator within one month. The restraining statement sets out the fine and invites the operator to submit its observations. If the operator has failed to comply with its obligations within the time of the stay, the Minister for Civil Aviation may make an administrative fine for the amount provided for by the 3° of Article 131-13 of the Criminal Code. The provisions of section 131-41 of the Code are applicable.
II. ― For the year 2012, the applications referred to in section R. 229-37-3 of the Environmental Code are submitted to the Minister for Civil Aviation before March 31, 2011, who forwards this application to the European Commission before June 30, 2011.
The Minister of Ecology, Sustainable Development, Transport and Housing and the Secretary of State to the Minister of Ecology, Sustainable Development, Transport and Housing, responsible for transport, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 24 January 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
Secretary of State
to the Minister of Ecology,
Sustainable Development,
Transport and housing,
Transport Officer
Thierry Mariani
