The International Air Transport Association (IATA) has said it is “disappointed” that the EU Court of Justice did not support its stance on the aviation industry’s inclusion in the EU’s Emissions Trading scheme (ETS). The Advocate General of the Court of Justice of the European Union (CJEU) failed to back up IATA’s challenge this week, but the industry body said it had not given up hope of getting aviation removed from the EU-ETS, which comes into force in 2012.
“We are disappointed with the opinion of the Advocate General, but it is only part of a complex set of developments concerning the EU-ETS,” said Tony Tyler, IATA’s director general & CEO.
“While the Advocate General of the CJEU believes that Europe is within its rights to move forward with this extra-territorial measure, that opinion is not shared in the international community. Many governments are rightly concerned about the infringements on sovereignty and the Chicago Convention that Europe’s plans pose. Last week more than 20 states – including India, China, Japan, the US, and Russia – signed a declaration vowing to challenge the plan’s extra-territoriality at the International Civil Aviation Organization (ICAO). And India, for example, has very clearly indicated that if Europe proceeds it will retaliate,” Tyler added.
IATA argues that the aviation industry’s own emissions-cutting targets are ambitious enough, without the EU adding further penalties to airlines. Along with the ICAO, IATA has pledged to improve fuel efficiency by 1.5% annually to 2020, to cap net emissions from 2020 and to cut net emissions in half by 2050.
A final decision on aviation’s inclusion in EU-ETS is expected later this year.