The European Commission has released a draft implementing act for consultation (until 29 July 2024), that sets out the implementing measures for the monitoring and reporting of the “non-CO2” effects from aviation under the EU’s Emissions Trading System legislation.  

Non-CO2 effects, including the emission of nitrogen oxides, soot particles, and the formation of contrails, have a significant climate impact. Under the ETS Directive, the monitoring and reporting requirement is intended to apply to all aircraft operators from 1 January 2025, however, the Commission’s draft implementing act provides a two-year period where long-haul flights are excluded from this requirement. 

In technical analysis undertaken by Transport & Environment, this excludes 67% of contrail climate impact from the non-CO2 reporting framework and will undermine the understanding of non-CO2 emissions and hinder action on addressing aviation’s full climate impact.

Our legal analysis looks at whether the European Commission has the authority under the ETS Directive to change the scope of non-CO2 reporting and finds that the changes proposed may risk exceeding the Commission’s implementing powers.