Consultation on the Legislation to Transpose the Aviation Directive
Summary of Responses
1. Introduction
In June 2009, the Department of the Environment, Heritage and Local Government
initiated a consultation on the legislation transposing the Aviation Directive
(2008/101/EC). A consultation document outlining the approach to transposition of the
Directive, the background and key features of the Directive; a guidance document
providing an overview of the Regulations; and the draft Regulations for the first phase of
transposition of the Directive were published on the Department's website
(www.environ.ie). Comments were invited from interested parties.
At the same time, the Department invited comments and circulated a copy of the
consultation documents to over 170 relevant stakeholders including Government
Departments/Offices, State Agencies, Regulatory Authorities, environmental NGOs,
representative groups and associations, and private enterprises.
This document is a narrative overview of responses received as part of that consultation.
It does not purport to be a comprehensive summary of those views, but rather it identifies
common points and issues which have implications for transposition. Interested parties
are advised to read the full text of respective responses to get a comprehensive account
of the views expressed by the various respondents.
2. Overview of Responses
17 responses were received by the Department of the Environment, Heritage and Local
Government in response to the consultation.
The full list of respondents is outlined at Appendix 1. The respondents are categorised
as follows:
Government Departments/Offices (9);
State Agencies/Regulatory Authorities (4);
Representative Groups/Associations (1); and
Private Enterprises (2).
The acronyms used in referring to some of these respondents are also detailed in
Appendix 1.
In general, the responses welcomed the opportunity to comment. The comments mainly
focussed on the implications of the Aviation Directive for Ireland and on the legal and
operational issues associated with transposition of the Directive. Further details on
these issues are provided below.
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3. Implications of the Aviation Directive for Ireland
Chambers Ireland, DAST, and Forfás emphasised the importance of aviation to the Irish
tourism sector and our dependence on aviation as a means of transport. They felt that
Ireland's unique geographical situation should be taken into account when transposing
the Directive.
DAFF similarly emphasised the reliance of the Irish food and drinks sector on aviation for
distribution of its products. In particular, DAFF considered that cognisance should be
taken of the serious and disproportionate impacts that an increase in aviation costs will
have on the Irish food and drinks exports, and that such issues should be taken into
account when transposing the Directive.
Enterprise Ireland considered that environment related measures should be
implemented in the most efficient and cost effective manner possible so as to ensure an
appropriate balance with Ireland's competitive concerns.
4. Legal and Operational Issues
The EPA and Aer Lingus commented on specific provisions of the draft Aviation
Regulations relating to powers of the EPA, greenhouse gases, administration fees,
directions, appeals and offences . DCRAGA and DoT commented on the interpretation
of aviation activities - exemptions and flight codes, respectively. CSO commented on
the potential data requirements associated with aviation emissions.
Enterprise Ireland considered that new regulations, charges and initiatives should be
introduced with sufficient lead in time to allow companies in the enterprise sector to plan
effectively for implementation.
5. Conclusion
The Aviation Directive is being transposed in two phases. The first phase provides the
necessary measures so as to facilitate the submission of monitoring plans to the
competent authority by end August 2009; and the second phase will provide for the
transposition of the remaining provisions of the Directive. It is intended that the second
phase Regulations will revoke and incorporate the first phase Regulations and provide
for full transposition of the Directive.
A Regulatory Impact Analysis (RIA) will be prepared as part of the second phase of the
transposition process. Some of the comments above relating to the Directive's
implications for Ireland will be addressed in that RIA. The RIA and the draft Regulations
transposing the second phase will be subject to a further consultation process later in
2009.
Climate Change Policy: National
Department of the Environment, Heritage and Local Government
July 2009
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Appendix 1
List of Respondents
The following are the list of those who submitted comments in response to the consultation
on the legislation to transpose the Aviation Directive
Acronyms
CSO
DAFF
DAST
DCRGA
DoT
EPA
Respondents
Aer Lingus
Air Routing International
Central Statistics Office
Chambers Ireland
Department of Agriculture, Fisheries and Food
Department of Arts, Sport and Tourism
Department of Community, Rural and Gaeltacht Affairs
Department of Defence
Department of Health and Children
Department of Social and Family Affairs
Department of Transport (Coast Guard)
Enterprise Ireland
Environmental Protection Agency
Forfás
Jet Aviation
Revenue Commissioners
Pacific Coast Forecasting
The Department of Defence, the Department of Social and Family Affairs, the Department of
Health and Children, and the Revenue Commissioners responded to the consultation but
noted that they had no observations to offer.
The response from Air Routing International, Jet Aviation, and Pacific Coast Forecasting
related to the list of operators coming within the Emissions Trading Scheme.
A copy of individual responses are available on request from: Climate Change Policy:
National, Department of the Environment, Heritage and Local Government, Custom House,
Dublin 1. (email: climatechangeinfo@environ.ie)
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