Posted on: 05 March 2014 by Mark Howells
The European Low Fares Airline Association (ELFAA) has reacted strongly to the outcome of meetings regarding amendment to the Directive for the inclusion of aviation in the EU Emissions Trading System (ETS).
ELFAA noted that the Advocate General of the CJEU (Court of Justice of the European Union) found, in her Opinion, that to apply EU ETS to flights according to destination/origin, not only contravenes the pivotal non-discrimination provision of the Treaty (TFEU) but further contravenes the stated objectives of the Directive, as set out in the Preamble. According to ELFAA, “extension of the flawed ‘one year only’ Derogation in respect of 2012 emissions to 2016, as proposed after trialogue, would prolong the 80% reduction in environmental effectiveness of EU ETS, calling into question the genuineness of the EU’s claimed commitment to combating climate change”.
John Hanlon, ELFAA’s secretary general, commented, “ELFAA had already initiated court proceedings to challenge the legality of the original one year Derogation and, in the event the poor fudge emerging from the trialogue process is adopted, will reactivate its stayed application for referral of the matter to the CJEU.”
Meanwhile ELFAA is urging the European Parliament to reject the compromise.
ELFAA noted that it has consistently lent its support to the inclusion of aviation in EU ETS, subject to the design of the scheme being environmentally effective. 80% of EU aviation emissions of CO2 resulting from long-distance flights; this, ELFAA believes, necessarily requires the inclusion of all flights departing from and arriving at EU airports, as required by the Directive.