| 10.2. Institutional Framework
10.2.1. International Civil Aviation Organization
Because of the international nature of aviation and the need to promote international
standards of safety, regulation of air transport is harmonized on a worldwide
basis as much as possible through ICAO, a UN specialized agency established
in 1944 under the Convention on International Civil Aviation (the "Chicago Convention")
(ICAO, 1997a). With the technical support of states and the aviation community,
ICAO has developed international standards and recommended practices for aviation.
These standards and practices are attached as annexes to the Chicago Convention
and are considered binding. However, if any state finds it impossible to comply
with them, the state is required to inform ICAO of any differences. ICAO also
provides guidance material for states on various aspects of international civil
aviation.
In addition to operating under the harmonization achieved through ICAO, international
flights are also subject to bilateral air service agreements between states.
Although ICAO's mandate relates to international civil aviation, most states
also take ICAO's international standards and recommended practices and guidance
material into account in regulating their domestic aviation.
The ICAO strategic action plan acknowledged "a perception that the aviation
sector may be contributing unduly to both existing and future environmental
problems." The ICAO program of implementation action on the strategic action
plan for the 1996-98 triennium lists several activities that could be relevant
to environmental issues (ICAO, 1997c).
In the environmental field, ICAO has established standards for aircraft noise
and aircraft engine emissions (Annex 16), as well as standards and procedures
for operational measures such as landing and departure (ICAO, 1993a,b). It has
also developed broader policy guidance on fuel taxation and charging principles
that have relevance in an emissions context (ICAO, 1994, 1997b).
Much of ICAO's work in the environmental field is undertaken by its Committee
on Aviation Environmental Protection (CAEP). CAEP examines the effectiveness
and reliability of proposed aircraft certification schemes from the viewpoint
of technical feasibility, economic reasonableness, and environmental need. CAEP
also examines other issues related to emissions from aircraft engines-including
international and national research into the impact of emissions and possible
means of controlling emissions, such as operational measures and emissions-related
levies. CAEP works closely with regional bodies and national airworthiness authorities
to discuss and propose changes in recommended environmental standards.
10.2.2. United Nations Framework Convention on Climate
Change
Although the United Nations Framework Convention on Climate Change (UNFCCC)
does not specifically refer to emissions from aviation, its coverage includes
emissions from all sources. One of the commitments in the Convention is that
parties to the Convention compile national inventories of their emissions sources
(UNFCCC, 1992).
IPCC guidelines provide advice on the quantification of aviation emissions
(IPCC, 1996e). Even after aviation emissions have been quantified, an important
distinction is whether such emissions are domestic or international. For domestic
flights, emissions are considered to be part of the national inventory of the
country within which the flights occur. The IPCC guidelines require international
aviation emissions to be estimated by the country where the fuel is sold, although
such emissions are not to be included in that country's total emissions. For
international flights, the problem is how to allocate the emissions (referred
to as "emissions from international aviation bunker fuels" in UNFCCC terminology,
although "international" is not always specified) to national inventories. A
similar problem exists for shipping.
In an attempt to resolve this problem, the UNFCCC Subsidiary Body for Scientific
and Technological Advice (SBSTA) has been presented with the following allocation
options for emissions from international aviation and marine bunker fuels (UNFCCC,
1996):
. Option 1-No allocation
. Option 2-Allocation of global bunker sales and associated emissions to parties
in proportion to their national emissions
. Option 3-Allocation according to the country where the bunker fuel is sold
. Option 4-Allocation according to the nationality of the transporting company,
or to the country where an aircraft or ship is registered, or to the country
of the operator
. Option 5-Allocation according to the country of departure or destination
of an aircraft or vessel; alternatively, emissions related to the journey
of an aircraft or vessel shared by the country of departure and the country
of arrival
. Option 6-Allocation according to the country of departure or destination
of passengers or cargo; alternatively, emissions related to the journey of
passengers or cargo shared by the country of departure and the country of
arrival
. Option 7-Allocation according to the country of origin of passengers or
owner of cargo
. Option 8-Allocation to a party of all emissions generated in its national
space.
SBSTA subsequently noted that there were three separate issues: adequate and
consistent inventories, allocation of emissions, and control options. Appropriate
allocation of responsibility for emissions from international bunker fuels would
be connected to inventory and control issues. Reviewing the foregoing eight
options, SBSTA decided that Options 1, 3, 4, 5, and 6 should be the basis for
further work on this issue (UNFCCC, 1997).
To date, however, there has been no agreement among parties to the Convention
on which option to choose. At Kyoto in December 1997, the Conference of Parties
to the UNFCCC urged SBSTA to elaborate further on the inclusion of emissions
from fuel sold to aircraft and ships engaged in international transport in overall
greenhouse gas inventories (UNFCCC, 1998a).
The Kyoto Protocol to the UNFCCC, which has not yet entered into force, requires
Annex I (industrialized) countries to reduce their collective emissions of greenhouse
gases by approximately 5% by 2008-2012 compared with 1990 levels, with the reduction
varying from country to country. The agreed-on targets apply to national totals
of greenhouse gases. Consequently, each Annex I country can determine how the
various emission-producing sectors in its economy should be called upon to assist
in achieving the country's national target.
Because international aviation and marine emissions are not included in national
inventories, they are currently excluded from the agreed-on targets. However,
the treatment of aviation and marine emissions was considered in Kyoto in the
context of discussions on policies and measures to be pursued by Annex I countries,
and a provision was included in the Kyoto Protocol. The relevant text (Article
2, paragraph 2) reads as follows:
"The Parties included in Annex I shall pursue limitation or reduction of emissions
of greenhouse gases not controlled by the Montreal Protocol from aviation and
marine bunker fuels, working through the International Civil Aviation Organization
and the International Maritime Organization, respectively." (UNFCCC, 1998b)
A question has since arisen in the aviation community regarding whether this
provision covers emissions from international aviation only or emissions from
both international and domestic aviation. Although this issue has not been resolved,
ICAO commented in a statement to the Conference of Parties to the UNFCCC in
November 1998 that ICAO's mandate (from the 1944 Convention on International
Civil Aviation) does not extend to domestic aviation but that ICAO's standards,
recommended practices, and procedures in many circumstances have a de facto
application domestically (ICAO, 1998c).
At the ICAO assembly in September/October 1998, the ICAO Council was asked
to study policy options to limit or reduce greenhouse gas emissions from civil
aviation-taking into account the findings of this IPCC Special Report and the
requirements of the Kyoto Protocol-and to report to the Assembly at its next
ordinary session in 2001. ICAO was also asked to work with SBSTA to consider
the various options for allocation of emissions from international aviation
(ICAO, 1998b).
|
