In exercise of the powers conferred by Section 16 (1) to (3) of the Climate Change (Scotland) Act 2009, the Scottish Ministers passed the Climate Change (International Aviation and Shipping) (Scotland) Order 2010 (the “Instrument”). The Instrument provides a method of calculating the emission of greenhouse gases from international shipping and international aviation which are attributable to Scotland.

The method of calculation proposed in the Instrument involves the use of distinct mathematical formulae to calculate the Scottish share of emissions and takes into account, amongst other things, the gas emitted by the UK (as set out in the UK National Inventory Report), the fuel used for international aircraft flights departing from Scotland and the all ports traffic figure for Scotland as set out in the Department for Transport Marine Statistics.