EU's airline emission cap likely to take off

Brussels: For the international aviation industry, the skies just grew stormier. The advocate-general of the European Court of Justice (ECJ), an advisor to the European Union’s highest court, has said it is legal for the latter to include non-European airlines in its new carbon emissions trading scheme (ETS).
India has been leading the criticism from the international aviation industry on the move, which is pitting airlines against the EU in what some analysts fear may spark the next big trade war. New Delhi held a meeting at the end of September, bringing together 26 non-EU members of the International Civil Aviation Organisation (ICAO), a UN aviation body, including the US, China, Russia, and South Africa. At the end of the meeting, delegates adopted a joint declaration, stating the EU’s plan to include aviation in the ETS was “discriminatory” and a violation of international law.
However, advocate-general Juliane Kokott said today the “EU legislation does not infringe the sovereignty of other states or the freedom of the high seas guaranteed under international law, and is compatible with the relevant international agreements”.

The ECJ’s final decision on the matter is expected early next year. However, this ruling makes it likely that Brussels would continue to stick to its guns. The case in the context of which the opinion was made was brought against the EU by the Air Transport Association of America, American Airlines and United Continental. While the opinion of the AG is not binding, the ECJ tends to follow the advice given in the vast majority of cases.
07/10/11 Pallavi Aiyar/Business Standard

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Categories: Foreign Oct 2011, Indian Aviation- In General Oct 2011