New regulatory framework for Air Pollution and Greenhouse Gas Emissions in Shipping and Aviation Sectors under the Green Deal

VODIČKA, Jiří. New regulatory framework for Air Pollution and Greenhouse Gas Emissions in Shipping and Aviation Sectors under the Green Deal. In European Environmental Law Forum Conference: Environmental Law In Transformation – Legal Implementation And Impacts Of The European Green Deal. 2023.

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New regulatory framework for Air Pollution and Greenhouse Gas Emissions in Shipping and Aviation Sectors under the Green Deal

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VODIČKA, Jiří

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European Environmental Law Forum Conference: Environmental Law In Transformation – Legal Implementation And Impacts Of The European Green Deal, 2023

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není předmětem státního či obchodního tajemství

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The transport sector is one of the few sectors that has not yet been significantly affected by regulatory changes connected to the reduction of air-polluting substances and greenhouse gases in the EU. As opposed to ETS sectors, the emissions from the transport sector (including maritime transport, aviation, and road transport) have been experiencing steady growth over the past decade. Even though the aviation transport sector is a part of ETS, the scheme was not as successful as it should have been, and the maritime sector is wholly omitted from ETS. However, under the Green Deal, the transport sector faces reduction challenges as it has never before. For road transport, the new EURO 7 emission standards and CO2 regulation pose a threat, aviation is to be deprived of its preferential treatment under ETS, and even maritime transport should be a part of ETS. All of these challenges are connected to the aim of the European Green Deal to make the European Union climate-neutral by 2050, and the transport sector is a crucial aspect of achieving this goal. This paper explores the current regulatory framework for air pollution and greenhouse gas emissions from maritime transport and aviation in the EU, with a focus on the legal instruments and enforcement mechanisms related to the Green Deal. The research draws on a systematic review of relevant academic literature, including primary and secondary sources such as legislation, case law, and policy papers. Through this review, the paper identifies the key features of the regulatory framework for air pollution and greenhouse gas emissions, including the role of the International Maritime Organization (IMO) and the International Civil Aviation Organization (ICAO), as well as the EU's own policies and initiatives under the Green Deal. The research findings contribute to the ongoing debate on how to reduce the environmental impact of air transportation and support the EU's commitment to the European Green Deal. The main research question of this paper is: What are the key features of the current regulatory framework for air pollution and greenhouse gas emissions from maritime transport and aviation in the EU, including the relevant legal instruments and their enforcement mechanisms under the Green Deal? The paper strives to answer the research question through an analysis of relevant literature, case law, and legal instruments related to the regulatory framework for air pollution and greenhouse gas emissions from ships and planes in the EU.