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Following the negotiations at the International Civil Aviation Organization (ICAO) Assembly, the EU adapted twice the requirements of the directive. First, through the Decision 377/2013/EU which exempted for the year 2012 flights to and from non European countries) and secondly, through the 421/2014 regulation. The latter provides that:

“The Commission shall regularly, and at least once a year, inform the European Parliament and the Council for the progress of the international Civil Aviation Organization (ICAO) negotiations as well as of its efforts to promote the international acceptance of market-based mechanisms among third countries. Following the 2016 ICAO Assembly, the Commission shall report to the European Parliament and to the Council on actions to implement an international agreement on a global market-based measure from 2020, that will reduce greenhouse gas emissions from aviation in a non discriminatory manner, including on information, with regard to the use of revenues, submitted by Member States in accordance with Article 17 of Regulation (EU) N° 525/2013.

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In its report, the Commission shall consider, and if appropriate, include proposals in reaction to those developments on the appropriate scope for coverage of emissions from activity to and from aerodromes located in countries outside the EEA from 1 January 2017 onwards. In its report, the Commission shall also consider solutions to other issues that may arise in the application of paragraphs 1 to 4 of this Article while preserving the equal treatment of all aircraft operators on the same route.”

 

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