Sustainable Tourism Law

THE INTERNATIONAL CIVIL AVIATION ORGANIZATION AND ENVIRONMENT 669 During the 3 years leading to the agreement reached at the ICAO Assembly in 2013, ICAO undertook work on each of the element of the Assembly resolution that, in 2010, adopted guiding principles for the design and implementation of MBMs. In 2010, ICAO Assembly Resolution also requested that the Council explore the feasibility of a global MBM scheme, develop a framework for MBMs, review the de minimis threshold for MBMs, taking into account the specific circumstances of States and potential impacts on the aviation industry and markets, and undertake a study on the possible application of Clean Development Mechanisms of the Kyoto Protocol to international aviation. The 38 th ICAO Assembly in 2013 reached a crucial agreement on the development of a global MBM scheme for international aviation which addressed key design elements including a means to take into account the special circumstances and respective capabilities of States, in particular developing States as well as the implementation mechanism from 2020 for a decision by the 39 th Assembly in 2016. Since the decision by the 38th ICAO Assembly in 2013, ICAO, its Member States and other stakeholders have been working together to develop a proposal for a global market-based measure scheme for international aviation, which will play a complementary role as part of the basket of measures to achieve carbon neutral from 2020. Significant efforts have been put in place, in particular to find practical means to accommodate special circumstances and respective capabilities of countries that would best fit for the international aviation sector. In March 2014, the ICAO Council established the Environment Advisory Group (EAG) composed of 17 Council Representatives to oversee all the work related to the development of a global MBM scheme and make recommendations to the Council. In addition, to raise awareness of all ICAO Member States on the key principles underpinning the functioning and design of a global MBM scheme and to ensure their full engagement along with other Stakeholders, ICAO organized two series of Global Aviation Dialogues (GLADs) on MBMs in 2015 and 2016in the different ICAO Regions. The objective of these dialogues was to educated and informed States, on the MBM issues and permitted well-informed deliberations on the global MBM’s design in the ICAO progress toward the 39 th sessions of the ICAO Assembly. In January 2016, the Council established a High-Level Group on a Global Market-Based Measures Scheme to facilitate the convergence of views on a proposal for a global MBM scheme.

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