The EU will press ahead with plans to integrate aviation into its emissions trading system despite a major rift within the UN body responsible for the sector.
The 2007 Assembly of the International Civil Aviation Organisation (ICAO) which closes today in Montreal has passed a resolution that says members should sign separate agreements with all third countries operating in its airspace before applying emissions trading to their carriers.
In a rare and unusual diplomatic move EU member states, and others (1) made a 'reservation' against the ICAO resolution on 'market-based measures', signaling that they would ignore it on legal grounds. The resolution, including a critical 'mutual agreement' clause, was strongly backed by the United States, but was completely unacceptable to EU countries because it effectively disables the effectiveness of their emissions trading plan.
Joćo Vieira of Transport and Environment (T&E), a Brussels based environmental group that has official observer status at ICAO (2), said: "After a shameful decade of obstruction and inaction ICAO must now be stripped of its environmental responsibilities. The EU has recognised that it must now take the lead in cutting emissions from the most polluting form of transport on the planet." (3)
Under the terms of the 1997 Kyoto protocol, responsibility for reducing emissions from international aviation was given to ICAO, a UN body. But over the last decade the organisation has successively failed to endorse, or issued negative statements on every serious policy option for cutting greenhouse gas emissions from the sector. (4)
Regional emissions trading schemes were supported at the last Assembly in 2004 but the 'mutual agreement' clause endorsed this time would effectively prevent them from working as it would result in discrimination on the basis of nationality of the carrier. Such discrimination is illegal under the terms of the Chicago Convention, the rules that govern international aviation.
Though ICAO guidance is not legally-binding, up until now the EU has had a long-standing commitment to act within the ICAO framework. The formal 'reservation' made by the EU this week signals the end of that commitment.