Posted by- Neelam Mathews
Sept 30, 2011
An international meeting of International Civil Aviation Organization (ICAO) Council and other non-EU Member States was held in New Delhi on 29th -30th September to discuss the inclusion of aviation in the European Union Emission Trading System (EU-ETS). The meeting was chaired by Dr. Nasim Zaidi, Secretary, M/o Civil Aviation. A detailed agenda was deliberated upon including discussions on the legal objections to EU-ETS, policy objections, the role of ICAO- the way forward and discussions on next steps.
The countries present were: Argentine Republic, Brazil, Canada, China, Chile, Colombia, Cuba, Egypt, Japan, Republic of Korea, Malaysia, Mexico, Nigeria, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, South Africa, Thailand, Turkey, United Arab Emirates and United States of America. It was attended by over 70 delegates.
There was wide concern expressed by all countries present, without exception, that the unilaterally imposed EU-ETS measures were inconsistent with the international legal regimes. There were also references of EU-ETS measures violating the Chicago Convention governing international aviation as also provisions of the WTO. The legal infirmities in the EU law were pointed out. It was stated by the various delegates that they were also discriminatory in carriers.
After detailed discussions, a Joint Declaration was negotiated and adopted at New Delhi today, which recalled the relevant provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and stressed the importance of the Kyoto Protocol to its Parties. It also recalled the provisions of Chicago Convention and need for ensuring full compliance with its provisions and highlighted the essential role of aviation in economic progress and also recognized the complementary national, regional and global endeavors developed on the basis of collaboration and mutual agreement to address aviation emissions. It called upon ICAO to continue to undertake efforts to reduce aviation emissions contribution to climate change.
It affirmed the importance of the role the International Civil Aviation Organization in addressing aviation emissions, including pursuant to the request from the Parties to the UNFCCC and recognized that international aviation’s growth makes it necessary to address the long-term growth of Greenhouse Gas (GHG) emissions that contribute to global climate change.
The declaration opposed the EU’s plan to include all flights by non-EU carriers to/ from an airport in the territory of an EU Member State in its emissions trading system (EU Directive 2008/10/101/EC), which is inconsistent with applicable international law and called upon to urge the EU and its Member States to refrain from including flights by non-EU carriers to/ from an airport in the territory of an EU Member State in its emissions trading system. It also called to urge the EU and its Member States to work collaboratively with the rest of the international community to address aviation emissions.
The members present most importantly decided to intend to continue to work together to oppose the imposition of the EU ETS on our operators and invite any other State to associate itself with this Declaration. It was also decided that the group would meet again in the near future.
In addition to the Joint Declaration, a draft demarche to be sent to the EU bilaterally by the nations was also discussed in which it was highlighted that the EUs approach under the directive is unacceptable and that there is a need to foster development of a full range of solutions that achieve performance, improvements rather than insist on imposing one nation’s or region’s particular solution on all other countries. The member states also agreed upon the need to address this issue through the ICAO Council, before which the Joint declaration will also be placed for consideration through a working paper to be presented by the Non-EU Members of ICAO Council.
The countries present were: Argentine Republic, Brazil, Canada, China, Chile, Colombia, Cuba, Egypt, Japan, Republic of Korea, Malaysia, Mexico, Nigeria, Paraguay, Peru, Philippines, Qatar, Russian Federation, Saudi Arabia, Singapore, South Africa, Thailand, Turkey, United Arab Emirates and United States of America. It was attended by over 70 delegates.
There was wide concern expressed by all countries present, without exception, that the unilaterally imposed EU-ETS measures were inconsistent with the international legal regimes. There were also references of EU-ETS measures violating the Chicago Convention governing international aviation as also provisions of the WTO. The legal infirmities in the EU law were pointed out. It was stated by the various delegates that they were also discriminatory in carriers.
After detailed discussions, a Joint Declaration was negotiated and adopted at New Delhi today, which recalled the relevant provisions of the United Nations Framework Convention on Climate Change (UNFCCC) and stressed the importance of the Kyoto Protocol to its Parties. It also recalled the provisions of Chicago Convention and need for ensuring full compliance with its provisions and highlighted the essential role of aviation in economic progress and also recognized the complementary national, regional and global endeavors developed on the basis of collaboration and mutual agreement to address aviation emissions. It called upon ICAO to continue to undertake efforts to reduce aviation emissions contribution to climate change.
It affirmed the importance of the role the International Civil Aviation Organization in addressing aviation emissions, including pursuant to the request from the Parties to the UNFCCC and recognized that international aviation’s growth makes it necessary to address the long-term growth of Greenhouse Gas (GHG) emissions that contribute to global climate change.
The declaration opposed the EU’s plan to include all flights by non-EU carriers to/ from an airport in the territory of an EU Member State in its emissions trading system (EU Directive 2008/10/101/EC), which is inconsistent with applicable international law and called upon to urge the EU and its Member States to refrain from including flights by non-EU carriers to/ from an airport in the territory of an EU Member State in its emissions trading system. It also called to urge the EU and its Member States to work collaboratively with the rest of the international community to address aviation emissions.
The members present most importantly decided to intend to continue to work together to oppose the imposition of the EU ETS on our operators and invite any other State to associate itself with this Declaration. It was also decided that the group would meet again in the near future.
In addition to the Joint Declaration, a draft demarche to be sent to the EU bilaterally by the nations was also discussed in which it was highlighted that the EUs approach under the directive is unacceptable and that there is a need to foster development of a full range of solutions that achieve performance, improvements rather than insist on imposing one nation’s or region’s particular solution on all other countries. The member states also agreed upon the need to address this issue through the ICAO Council, before which the Joint declaration will also be placed for consideration through a working paper to be presented by the Non-EU Members of ICAO Council.
