Letter in FT from WWF, AEF and T&E on aviation and the EU ETS

The EU has always said that it preferred an international agreement to cut emissions, but efforts to do so via the International Civil Aviation Organisation have stalled for 14 years. There are signs, however, that the EU move has finally prompted action from ICAO, which says it may produce a proposal by the end of the year. The EU legislation allows the exemption of incoming flights for airlines whose countries have equivalent measures, and in addition the European Commission indicated this week that it was prepared to review existing ETS legislation if a global deal that achieved greater environmental benefit was agreed to.

 

 

February 10, 2012

Cut brinkmanship on airline emissions

From Mr Keith Allott and others.

Sir, The inclusion of aviation in the European Union emissions trading scheme (EU ETS) is a complex subject that requires cool heads, not heated talk of trade war. It is therefore welcome that in your editorial “Europe flies into clean air turbulence” (February 8), you highlight the need for continued open dialogue on this issue, rather than brinkmanship, while maintaining the ambition of cutting aviation emissions. It’s worth noting though that the advocate-general of the European Court of Justice found that the inclusion of aviation in the EU ETS does not contravene any of the underlying principles of the Chicago Convention, and the full Court, in dismissing the case, found that the ETS is not a tax, and is entirely consistent with international law.
 

The EU has always said that it preferred an international agreement to cut emissions, but efforts to do so via the International Civil Aviation Organisation have stalled for 14 years. There are signs, however, that the EU move has finally prompted action from ICAO, which says it may produce a proposal by the end of the year. Nevertheless, Thomas White, deputy chief of mission in the US EU Mission, recently characterised EU moves to reduce emissions via the ETS as an “unwelcome distraction”, calling on the bloc to cancel the scheme.

The EU legislation allows the exemption of incoming flights for airlines whose countries have equivalent measures, and in addition the European Commission indicated this week that it was prepared to review existing ETS legislation if a global deal that achieved greater environmental benefit was agreed to, and is open to considering greater use of aviation ETS revenues for climate finance purposes in developing countries. However, when asked what flexibility the US could offer to help achieve an agreement in the ICAO, Mr White did not offer any new ideas. Critics of the EU ETS should take note; compromise works both ways, but brinkmanship helps no one.

Keith Allott, Head of Climate Change, WWF-UK

Tim Johnson, Director, Aviation Environment Federation, UK

Bill Hemmings, Programme Manager, Transport & Environment, Belgium

Vera Pardee, Senior Attorney, Center for Biological Diversity, US

Martin Wagner, Managing Attorney, Earthjustice, US

Annie Petsonk, International Counsel, Environmental Defense Fund, US