Europe's transport ministers have fired a diplomatic shot across the International Civil Aviation Organisation's (ICAO) bows, warning that Europe will go it alone should the international aviation organisation fail to make progress on global emissions trading.
The European Commission came under fire late last year for its unilateral move to bring all airlines flying into Europe within its existing trading scheme from 2012 before waiting for ICAO to lead a global approach on the issue.
In a joint position statement, Europe's 27 transport ministers urge member states to do everything they can during September's forthcoming ICAO general assembly to ensure that nothing prevents the European Union from being able to press ahead with its own scheme.
"EU member states would be ready to reserve their position in order to keep all options open in this essential policy area," say the ministers.
They add that the European scheme should only be seen as "a first step" towards expanding emissions trading globally through ICAO, with which it is prepared to remain engaged in "constructive co-operation".
Jos Dings, director of environmental organisation Transport and Environment (T&E), says: "Ever since it was given responsibility for cutting aviation emissions under the Kyoto protocol in 1997, ICAO has done everything in its power to prevent international action on what is and has been the fastest-growing source of greenhouse gas emissions on the planet. EU transport ministers have finally said enough is enough."
The ministerial statement will undoubtedly aggravate relations with the USA, which has repeatedly said that the inclusion of foreign airlines on a non-consensual basis runs counter to EU member states' legal obligations under the 1944 Chicago Convention on International Civil Aviation and therefore open to legal challenge.
EU law specialist Michael Renouf of law firm Berwin Leighton Paisner believes the timing of any legal challenge to Europe's bid to include non-EU airlines within its emissions trading scheme will ultimately depend on the adoption of the legislative proposal by the Council and European Parliament and transposition of the EU law into national legislation, not scheduled to occur before 2009 at the earliest.
He says that the Chicago Convention as a treaty provides a mechanism for dispute resolution between states party to the treaty, but adds that airlines could seek to mount legal action within a European member state's national courts.
Action could also be taken by a European state via its civil aviation authority against an individual airline if that operator fails to comply with the new European legislation - which might ultimately lead to a withdrawal of operating rights within that country.
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Source: FlightGlobal.com
