Brussels, 06/02/2012 (Agence Europe) - To pay or not to pay? On Monday, China announced that it had adopted a measure banning its airlines from paying CO2 emissions quotas, as required under the European directive, which includes aviation in the Emissions Trading System (ETS). Nonetheless, the EU does not appear fazed by this new development. It reiterated the statement that it made in January (see EUROPE 1025), which explained both its willingness to continue the dialogue with all its partners and its determination to maintain its climate legislation, the legal basis of which has been confirmed by the European Court of Justice.
AFP reported that the Chinese government is said to have “banned Chinese airlines from participating in the European ETS system without authorisation from the government authorities”. In a reply to questions regarding this news, Isaac Valero-Ladron, the spokesperson for Connie Hedegaard, European Commissioner for Climate Action, indicated that the Commission “has not received detailed information from the Chinese authorities” on this subject and therefore did not yet know whether the decision in question was a recommendation or an injunction. Depending on how matters pan out, “the Commission remains confident that China will comply with EU legislation when operating through EU airports (when landing in Europe, taking off or doing business in Europe). The legislation provides for effective, proportionate and dissuasive penalties including a fine for each tonne of CO2 which was not covered by a permit allocated for free or auctioned.” The spokesperson explained that it would be more expensive for an airline not to respect the legislation than to comply with it. He also pointed out that “all Chinese airlines to date have complied with the EU legislation and have applied for the free permits”, as they have all requested the allocation of free permits as stipulated in the ETS for 85% of quotas and the auctioning of only 15%. The spokesperson pointed out that under the terms of the European Court of Justice ruling last December the legislation is perfectly legal because it does not infringe international agreements or the principle of sovereignty. Nonetheless, the spokesman conceded: “Of course the EU is ready to engage with the Chinese counterparts and authorities to discuss their concerns”. He indicated that Connie Hedegaard had already said this in 2011 and that meetings had taken place at both technical and political levels. He pointed out the third countries with emissions reductions measures in the sector that were equivalent to those in the EU could be exempted from the ETS, but in the absence of an international agreement at the ICAO, the EU would not be prepared to compromise. The spokesman pointed out that if the ICAO adopts a measure in six months' time or a year, they would be very happy to amend the legislation but that for the time being this was not the case and that they would not be backing down. (AN/transl.fl)