Air Transport Association of America (ATA) launched (05-Jul-2011) its case in the European Court of Justice (ECJ), calling for the European Union application of an Emissions Trading Scheme (ETS) to airlines to be dismissed and declared illegal. The ATA, which brought the action on behalf of all of its members, argued that aviation greenhouse gas (GHG) emissions should be regulated on a global sectoral basis and that unilateral action by any country or group of countries violates international law. The ATA believes that in applying the trading scheme to non-EU airlines, the EU is violating customary international law and several treaty provisions in the Convention on International Civil Aviation (the "Chicago Convention"), which dictates that countries have sovereignty over the airlines in their own airspace. ATA also outlined how the levies imposed by the scheme violate provisions of the Chicago Convention and US-EU bilateral air services agreement and the Kyoto Protocol, which confirms that ICAO has the authority to establish greenhouse gas policy for international aviation. The ECJ high court is expected to issue a ruling by the end of 2011 or early 2012. [more]
ATA: "If the EU ETS regime implemented an international agreement agreed by third countries, as well as by the EU, we would not be here today. ATA challenges EU ETS because it is a unilateral measure, which has not been agreed by countries outside the EU, yet nevertheless applies EU law to third country carriers in third country airspace." ATA statment, 05-Jul-2011.