Explications (en)

Reference / document no. : L043-1928

2. Purpose and content of the Ordinance

2.1. Purpose of the Ordinance

In order to implement emissions trading in the civil aviation sector it will first be necessary to collect specific data. By collecting tonne-kilometre data in advance, in the event of integration into the

emissions trading scheme it will be possible to calculate the quantity of emission rights allocated free of charge. It is also conceivable that the collected tonne-kilometre data could be used as the basis for an alternative measure.

If it proves possible for the EU and Swiss emissions trading schemes to be linked and the regulation of civil aviation emissions to be introduced as of 2014, the tonne-kilometre data would have to be

collected in 2013. Aircraft operators would be required to submit the necessary monitoring plans for data acquisition for approval before the end of 2012.

2 The Data Acquisition Ordinance is based on Article 2 paragraph 3 of the currently applicable CO2 Act

3

and on Article 58 paragraph 2 of the Civil Aviation Act , in conjunction with Article 47 paragraph 4 of

4

the Government and Administration Organisation Act.

Article 2 paragraph 2 of the current version of the CO2 Act excludes CO2 emissions from international flights from the reduction target. The reasoning behind this is that unilateral measures on the part of Switzerland based on the special character of international civil aviation would not be expedient. In view of this, Article 2 paragraph 3 of the CO2 Act mandates the Federal Council to regulate CO2 emissions from international flights in international agreements. An emissions trading agreement between Switzerland and the EU which also includes the regulation of CO2 emissions from civil aviation falls under this provision. The prior acquisition of tonne-kilometre data by aircraft operators is

5 a prerequisite for the conclusion of such an ETS agreement. Under Article 16 of the revised CO2 Act, which is scheduled to enter into force on 1 January 2013, the Federal Council may require aircraft operators to participate in emissions trading and thus to collect data in advance (cf. section 3).

In addition to the CO2 Act, Article 58 paragraph 2 of the Civil Aviation Act also serves as a legal basis for the Data Acquisition Ordinance. In accordance with paragraph 2 of this Article, the Federal

Department of the Environment, Transport, Energy and Communications (DETEC) may issue

provisions relating to requirements on airworthiness and on the limitation of noise and pollutant emissions from motorised aircraft. Under Article 47 paragraph 4 of the Government and Administration Organisation Act, the relevant ordinance may be issued by the Federal Council.

The acquisition of tonne-kilometre data will commence on 1 January 2013, provided that the

negotiations with the EU on the emissions trading scheme can be concluded in the near future. Should the conclusion of negotiations be delayed, the Federal Council will postpone the collection of tonnekilometre data.

2.2. Relationship with the EU emissions trading scheme

The EU emissions trading scheme covers all flights that take off from or land at airports within the EU and in Member States of EFTA and the EEA. This includes all flights between EU/EEA countries and Switzerland (in both directions). Switzerland is therefore involved as a third-party state that plays no active role, and has no enforcement duties relating to the EU emissions trading scheme.

The regulation of CO2 emissions from Swiss aviation to be incorporated into the agreement with the EU is intended to cover not only flights to the EU/EEA, but also those from and to Swiss airports which

² Federal Act of 8 October 1999 on the Reduction of CO2 Emissions (SR 641.71).

³ Federal Act of 21 December 1948 on Civil Aviation (SR 748.0).

4

Federal Act of 21 March 1997 on the Organisation of the Governmental and the Administration, SR 172.010.

5

FF 2012 109