Tagged: air transport

The legal risks of stopping the clock on the EU ETS aviation scheme

Past Monday, Commissioner Hedegaard announced that she requested the EU Member States to suspend the application of the Emissions Trading Scheme to the aviation sector pending new impetus that might be given by the ICAO Council to find a multilateral solution to combating climate change in the aviation sector. Hedegaard announced that  ‘in order to create a positive atmosphere around these very important negotiations, I have just recommended in a telephone conference with 27 member states that the EU stops the clock when it comes to enforcement of aviation into the Emissions Trading System (ETS) to and from non-European countries until after the ICAO assembly next autumn.’

This is the latest development in the ongoing saga concerning the inclusion of aviation into the European scheme. The international protest has been growing the past year especially since last years ATA-judgment of the CJEU, with many of the EU’s main trading partners having threatened to take retaliatory measures against the EU for applying their scheme to third country carriers. This heterogeneous group, dubbed ‘the coalition of the unwilling’, has vowed to combat the EU ETS within the ICAO until it has been removed. Today, the Republican dominated US House of Representatives passed a bill making it illegal for US air transport undertakings to comply with the EU ETS.

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