2010 No. 218
Climate Change

The Climate Change (International Aviation and Shipping) (Scotland) Order 2010

Made
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 16(1) to (3) of the Climate Change (Scotland) Act 20091.

In accordance with section 96(4) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Before this draft was so laid, the Scottish Ministers requested the advice of the relevant body2 in accordance with section 16(6) of that Act.

Citation, commencement and interpretation1.

(1)

This Order may be cited as the Climate Change (International Aviation and Shipping) (Scotland) Order 2010 and comes into force on the day after the day it is made.

(2)

In this Order—

“radiative force factor” is the multiplier which reflects the direct and indirect non-carbon dioxide climate change impacts of emissions at altitude from international aviation; and

“UK National Inventory Report” means the UK National Inventory Report to the United Nations Framework Convention on Climate Change3.

Emissions from international aviation attributable to Scotland2.

For the purposes of determining Scottish emissions of a greenhouse gas for—

(a)

the year that is the baseline year for that gas; and

(b)

every other year in the period starting on 1st January 2010 and ending on 31st December 2050,

emissions from international aviation of that gas are to be taken into account as calculated in accordance with Schedule 1.

Radiative force factor3.

The radiative force factor for each greenhouse gas is 1.

Emissions from international shipping attributable to Scotland4.

For the purposes of determining Scottish emissions of a greenhouse gas for—

(a)

the year that is the baseline year for that gas; and

(b)

every other year in the period starting on 1st January 2010 and ending on 31st December 2050,

emissions from international shipping of that gas are to be taken into account as calculated in accordance with Schedule 2.

STEWART STEVENSON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1FORMULA FOR CALCULATING EMISSIONS OF A GREENHOUSE GAS FROM INTERNATIONAL AVIATION IN A YEAR

Article 2

A = B ×CD × Emath

where—

“A” is the amount of gas emitted;

“B” is the amount of gas emitted by the United Kingdom from international aviation as reported in the UK National Inventory Report4;
“C” is the fuel use for aircraft flights to international destinations from airports in Scotland5;

“D” is the fuel use for aircraft flights to international destinations from airports in the United Kingdom; and

“E” is the radiative force factor.

SCHEDULE 2FORMULA FOR CALCULATING EMISSIONS OF A GREENHOUSE GAS FROM INTERNATIONAL SHIPPING IN A YEAR

Article 4

F = G × HImath

where—

“F” is the amount of gas emitted;

“G” is the amount of gas emitted by the United Kingdom from international shipping as reported in the UK National Inventory Report6;
“H” is the all ports traffic figure for Scotland7; and

“I” is the all ports traffic figure for the United Kingdom.

EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes provision regarding the emissions of greenhouse gases from international aviation and shipping that are to be attributable to Scotland.

The Scottish Ministers requested advice from the relevant body (the UK Committee on Climate Change (UKCCC)) as required by section 16(6) of the Climate Change (Scotland) Act 2009 (“the 2009 Act”). The UKCCC advice is set out in “Scotland’s path to a low carbon economy” dated February 2010, and available at http://www.theccc.org.uk/reports/scottish-report.

Section 10(1) of the 2009 Act defines “greenhouse gases”.

Articles 2 and 4 provide for a share of the annual United Kingdom emissions of each greenhouse gas from international aviation and shipping to be attributed to Scotland in the manner set out in Schedules 1 and 2.

The emissions so attributed will be included in net Scottish emissions for the purposes of the emissions targets in sections 1 (2050 target), 2 (interim target) and 3 (annual targets) of the 2009 Act.

The emissions attributed to international aviation are subject to a radiative force factor as required by section 16(3) of the 2009 Act. Article 3 provides that the radiative force factor for each greenhouse gas is 1.

A Regulatory Impact Assessment has not been produced in relation to this Order as it has no direct impact on businesses, charities or the voluntary sector.