Dutch government sued over denying access to information on aircraft CO2 rules

The Dutch government is being taken to court for refusing to publish documents about a controversial CO2 standard for aircraft – in violation of EU law. NGOs Natuur & Milieu and Transport & Environment (T&E) and environmental lawyers ClientEarth say that by withholding decisions and research about the CO2 standard, emission trends, biofuels and offset rules – all of which were drafted or developed behind closed doors at UN aviation agency ICAO – civil society and experts have been prevented from examining claims of ICAO’s effectiveness in addressing aviation’s climate impact.

The NGOs say the Netherlands government outsourced responsibility for a major source of its emissions to ICAO, which lacks basic transparency. The resulting CO2 standard for aviation is among the many environmentally ineffective measures pursued, and means the forecasted growth in aviation will undermine the goals of the Paris climate agreement. But now both ICAO and the Dutch government are refusing to publish decisions and research about the standard – denying citizens and civil society their right to access environmental information under the Directive 2003/4/EC on public access to environmental information.

Geertje van Hooijdonk, head of programmes for Dutch NGO Natuur & Milieu, said: “Stricter standards for aviation are necessary. If we do nothing, aircraft emissions will triple by 2050. But if the government does not release the report of the ICAO environmental protection committee, we cannot make a full assessment of the CO2 standard and whether it and other ICAO measures will actually cut emissions.”

Aviation emissions have more than doubled in the last 20 years and the sector is responsible for an estimated 5% of manmade global warming. Yet the CO2 standard agreed last year is unlikely to have any effect on the climate, having fallen victim to commercial pressures. Two-thirds of the observers on ICAO’s rule-making environment committee are industry lobbyists. Recently recovered emails showed Airbus’s undue influence in drafting the EU’s position on the CO2 standard, further highlighting the need for transparency in the process.

Andrew Murphy, aviation manager at Brussels-based green NGO T&E, said: “We’re exclusively reliant on tidbits of information from ICAO and governments about how they are addressing aviation emissions. That makes it difficult for civil society groups and outside experts to examine claims about ICAO’s effectiveness. Only by making such reports public is it possible to conduct a fair assessment of ICAO’s efforts to take climate action.”

The lawsuit is being taken by Natuur & Milieu at Utrecht district court to appeal a previous decision by the Dutch government not to disclose the information. The action is supported by T&E and ClientEarth.

Ugo Taddei, clean air lawyer at ClientEarth, said: “Emissions from aviation have a global impact that cannot be ignored. The public has the right to access information on how emissions from aircrafts will be reduced and participate in decisions that affect their health and environment. By making these decisions behind closed doors, the Dutch government is breaking EU transparency rules and putting business interests before those of the planet as a whole."


Contact the press team

Nico Muzi
Communications Director
+32 (0)484 27 87 91 
nico.muzi@transportenvironment.org

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