Key Benefits:
Publics concerned: aircraft operators administered by France under the Greenhouse Gas Emission Exchange System (ETS aviation).
Subject: compliance environmental code on greenhouse gas emission quotas with Directive No. 2008/101/EC of 19 November 2008 (hereinafter referred to as "ETS Aviation").
Entry into force: the text comes into force on the day after its publication.
Notice: Directive 2008/101 of 19 November 2008 integrated air activities into the European greenhouse gas emission quota system. This decree adapts the environmental code to comply with its provisions. It specifies the conditions to be met to benefit from a so-called "special" reserve of quotas allocated free of charge, as well as the date before which the French authorities must submit to the European Commission the applications for free allocation of quotas from this reserve. It provides that the terms and conditions for the use of the proceeds from the auction must be included in the report that the State must address annually to the European Commission. Finally, it specifies the scope of activities for projects to reduce greenhouse gas emissions that can be authorized by France.
References: the environmental code Amended by this decree can be consulted, in its drafting, on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
In light of 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, as amended by Parliament and Council Directive 2008/101/EC of 19 November 2008 and by Parliament and Council Directive 2009/29/EC of 23 April 2009;
Vu le environmental codeincluding chapter IX of Book II, title II,
The State Council (section of public works) heard,
Decrete:
Chapter IX of title II of Book II of the Environmental Code (regulatory part) is amended as follows:
1° In 3 of article R. 229-37-5, the word "average" is inserted after the word "annual";
2° At the end of the first sentence of article R. 229-37-6, the words are added: "by December 31 of the third year of the period";
3° Sub-section 3 of section 2 is supplemented by paragraph 5 as follows:
“Paragraph 5
"Public information on the use by the State of revenues derived from the auction of greenhouse gas emission quotas
"Art. R. 229-37-11.-The use of revenues derived from the auction of aviation quotas is referred to in the report provided for in the first paragraph of section R. 229-33-1. » ;
4° At 1° of the I of Article R. 229-40, the words: "in the territory of a Member State of the European Union or of a Member State of the European Free Trade Association" are replaced by the words: "in a country that has ratified the international agreement on these projects, either in a Member State of a federation or a regional entity that is linked to the community system as a party to a mutual recognition agreement. »
The Minister of Ecology, Sustainable Development and Energy and the Secretary of State for Transport, the Sea and Fisheries 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 August 17, 2015.
Manuel Valls
By the Prime Minister
Minister of Ecology, Sustainable Development and Energy,
Royal
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
