Brussels, 20/12/2011 (Agence Europe) - The Court of Justice of the EU will deliver its ruling on Wednesday on the action lodged by American airlines to have EU legislation that includes civil aviation in the emissions trading scheme declared void. Under EU law, civil aviation will be included in the ETS from 1 January and, in addition, major non-EU carriers will be required to pay 15% of the quotas that will be allocated them for their flights departing from or arriving at EU airports (see EUROPE No 10492). On the eve of delivery of the ruling, which he hopes will uphold the advocate general's opinion that the EU is acting legally, MEP Peter Liese (EPP, Germany), who was the rapporteur on the ETS directive that was adopted in 2008, calls on the EU to remain “strong and united in defence of its legislation”, no matter the pressure brought to bear from non-member states, in particular the United States (where the House of Representatives has passed a law absolving US airlines of the requirement to pay).
“The non-EU states have failed to understand that a law is a law and that our laws have been passed under the co-decision procedure with the European Parliament. The storm created is inversely proportional to the actual financial burden the legislation will put on the airlines. 85% of the quotas will be free and the price of quotas is very low: even if it were to be doubled, it would come to €1 for a flight from Frankfurt to New York”, he told reporters. He added: “If the Court of Justice upholds the advocate general's opinion, we will see who is acting legally and who isn't.” (AN/transl.rt)