The direction of a legal battle over the European Union’s regulation of airlines’ greenhouse-gas emissions (GHGs), which has great implications for the maritime industry, maybe revealed as soon as next month. The European Court of Justice is expected to deliver its initial findings in a case brought by US airlines against the UK Government and European Commission over the inclusion of international airlines in the EU Emissions Trading Scheme (EU ETS) as soon as late September.
The international maritime industry has a lot at stake in this case. Brussels is also formulating a proposal to regulate GHGs from all shipping in the EU in much the same way. The chances of it successfully doing so will be heavily influenced by the outcome of the aviation case in Europe’s highest court.
An initial ruling from the ECJ could come in September or October, although there are expectations the full course of legal action could carry over into next year, which takes beyond the date the regulation comes into force.
From January 1, Brussels will bring airlines into the EU ETS and require the surrender of emissions permits for every tonne of CO2 emitted during operation on all internal and international flights to and from EU airports. Airlines, their trade associations and government transport officials in the US, China, India, Russia and the Asia-Pacific have railed against the move. Their key argument is that applying EU law to foreign airlines violates international law governing aviation, and violates the very sovereignty of other nations.
Source Carbon Positive
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