Regulations concerning environment protection Grzegorz Zając Ph D

Regulations concerning environment protection Grzegorz Zając, Ph. D. Aviation Law and Organizations, WSIZ Rzeszów 2013/2014

Air transport environment impact Gas emissions aircraft noise

International regulations concerning environment • Although Chicago convention is silent on the issue of aviation environmental regulation, international regulations are covered by ICAO. • ICAO is dealing with the impact of aviation to environment since 1960’. • ICAO adopts SARP’s as Annexes. • Annex No 16: Environment. • It concerns both aircraft gas emissions and aircraft noise. • It was first adopted in 1971 (works since 1968). Last amendment – 2008.

• The effects of negative impact of aviation on the environment: a) b) c) d) the greenhouse effect, acidification caused by acid rain, Eutrophication, the formation of tropospheric ozone as a result of air pollution Eutrophication is apparent in the northern part of the Caspian Sea, Source: http: //en. wikipedia. org/wiki/Eutrophication.

Kyoto Protocol • Kyoto Protocol – international agreement signed in Kyoto, 11 December 1997 (UNFCCC). • Entry into force - 16 February 2005. • 186 ratifications (and EU as an organization). • United States of America did not ratify the KP. Source: http: //www. wired. com/thisdayintech/2009/12/1211 kyotoclimate-accord/.

• The objective of Kyoto Protocol: „To achieve the stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system” (article 2 KP). Source: http: //www. nepalmountainnews. com/cms/2011/11/28/lastchance-to-save-kyoto-protocol/.

• Countries agreed to reduce their collective greenhouse gas emissions by 5. 2% before 2012 from the 1990 level (Annex 1). • Emission limits do not include emissions by international aviation.

List of countries by carbon dioxide emissions (in 2008) Annual CO 2 emissions (in thousands of metric tonnes) Percentage of global total 1 2 3 4 5 6 7 8 9 World China United States European Union (27) India Russia Japan Germany Canada Iran United Kingdom 29, 888, 121 7, 031, 916 5, 461, 014 4, 177, 817 1, 742, 698 1, 708, 653 1, 208, 163 786, 660 544, 091 538, 404 522, 856 100% 23. 33% 18. 11% 14. 04% 5. 78% 5. 67% 4. 01% 2. 61% 1. 80% 1. 79% 1. 73% 10 South Korea 509, 170 1. 69% Rank Country

The future of Kyoto Protocol? Source: http: //connect. in. com/kyoto-protocol/photos-1881065 -11670821. html.

• In December 2012 in Doha – amendment to Kyoto Protocol. Period extended – 2013 -2020. • Kyoto Protocol does not apply to greenhouse gas emissions from fuel consumption in international aviation, however it applies to those from domestic aviation and from energy used by airports.

• A milestone did the European Union. • EU incorporated aviation in the European Union Emissions Trading System (EU ETS) by adopting a directive in 2008. „Directive 2008/101/EC of the European Parliament and of the Council of 19 November 2008 amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community”. OJ L 8, 13. 1. 2009.

• From the beginning of 2010, aircraft operators are covered by the EU directive on European emissions trade system, which obliges them to monitor the level of emissions of carbon dioxide in the atmosphere. These rules entered into force from 2012. • The system incorporating aviation to EU ETS from 2012 is the most economically efficient way to control emissions from aviation, which at the same time solve the problem of environmental pollution. • In the framework of the system all carriers who use airports in the EU will be allocated free of charge right to emissions. • When exceeding limits, they will have to purchase additional rights or to pay a penalty. • Evasion of law may threaten serious sanctions, including a ban on flights in the EU.

• What are the initiatives to reduce the negative impact of aviation on environment? a) more research into cleaner air transport, b) improving air traffic management, c) fuel taxation. Source: http: //www. wired. com/autopia/2009/01/aviation-bio-fu/. Source: http: //www. wired. com/autopia/2008/02/virgin-atlantic/.

• There is a principle in aviation: „The polluter pays” The more the aircraft is polluting the air, the greater costs he had to pay for the use of airport.

Aircraft noise

International regulations • Annex 16 Vol. I to Chicago Convention „Aircraft noise”. a) b) c) d) Aircraft noise certification Noise standards Noise measurement Maximum noise levels,

European regulations • Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (OJ L 85, 28. 3. 2002)

• There is now a new proposal of a regulation in the aspect of aircraft noise, which will appeal the current directive.

Thank you! © by Grzegorz Zając, Ph. D. Background: source: http: //www. eu 2008. fr/PFUE/lang/en/accueil/PFUE-11_2008/PFUE 17. 11. 2008/sommet_europeen_de_l_aviation__l_environnement_au_coeur_des_discussions. html.