Court action planned in London
The US Air Transport Association (ATA) and three major American carriers are to sue the EU over its Emission Trading Scheme (ETSATA, American Airlines, United Airlines and Continental Airlines have filed a suit in London claiming the scheme "violated the US-EU bilateral Air Transport Agreement of 2007 and the Kyoto Protocol."
The Association, which represents American carriers, said it was acting to "in order to preserve our members' rights to challenge implementation of the EU ETS as applied to aviation".
It said that while the three carriers were named in the suit, it believed "the principles involved - those aviation emissions should be regulated on a global sect oral basis and that unilateral action by any country or group of countries violates international law - are of critical importance to all of ATA's members".
It added: "ATA continues to believe that the best resolution of this issue is through international negotiations or an action brought through the International Civil Aviation Organization (ICAO)."
The airlines are also concerned that the ETS will add to ticket prices.
ATA has chosen to launch its court action in London as the UK is the first EU country due to implement the early stages of the ETS in 2012.
The ETS requires airlines which operate within the EU boundaries, regardless of nationality, to submit emissions reports.
Airlines which go above the limit imposed on them by the EU can buy "carbon emissions" from airlines which are below their quota.
Airlines not complying with the scheme risk penalties, including being banned from flying in the EU area.
But bodies like the International Air Transport Association (IATA) and the ICAO have both expressed misgivings about the scheme.
The first told airline members they should submit their emissions sup report "under protest" and after taking legal advice. This particularly applied to carriers outside the EU.
The latter said it was concerned the scheme should apply to carriers without their consent.
www.airlines.org www.iata.org www.icao.int
http://ec.europa.eu/environment/climat/emission/index_en.htm