Explications (en)

Reference / document no. : L043-1928

5. Impacts

5.1 Impacts at federal level

The implementation of the Data Acquisition Ordinance will mean additional duties for the FOCA.

Initially these encompass the examination and approval of monitoring plans at the end of 2012 and the beginning of 2013. This step will be followed by the verification of monitoring reports in the second quarter of 2014. It is anticipated that around 350 monitoring plans and reports will be submitted. In addition, it will be necessary to ensure that the above activities can be carried out in a manner that is compatible with implementation in the EU.

5.2 Impacts on the cantons

Data acquisition will not have any impacts on the cantons.

5.3 Impacts on the economy

As far as the national economy is concerned, the Data Acquisition Ordinance will only give rise to minor administrative costs. For those aircraft operators who have not collected tonne-kilometre data within the scope of the EU emissions trading scheme, however, the administrative costs may be considerable.

5.4 Impacts on the environment

The Data Acquisition Ordinance itself cannot result in any direct reductions in emissions, but it

represents a major preparatory step towards the implementation in Switzerland of measures based on the “polluter pays” principle aimed at reducing CO2 emissions from civil aviation operations.

6. Relationship to international legislation

The Data Acquisition Ordinance applies to an equal extent to domestic and foreign aircraft operators. It relates only to data acquisition and does not anticipate any definitive decision by the Federal Council concerning the incorporation of civil aviation into the Swiss emissions trading scheme or the

introduction of any other measure.

The provisions of the Ordinance have been harmonised with those of the EU emissions trading

scheme. At an international level, however, there are differences of opinion regarding the legality of the integration of flights and aircraft operators from third-party states into the EU emissions trading scheme. In the view of a large number of third-party states, including major civil aviation nations such as the USA, Russia and China, the integration is contrary to the provisions of the Chicago Convention, which regulates international civil aviation. By contrast, a ruling by the EU Court of Justice dated 21

14

December 2011 confirmed the legality of the steps taken by the EU. At present it is not possible to predict how and when these international differences will be resolved.

14

European Court of Justice, ruling of 21.12.2011, Rs. C-366/10, Air Transport Association of America et al versus Secretary of State for Energy and Climate Change, not yet published.