Aviation Groups to Obama: File EU-ETS Protest at ICAO

Nineteen U.S. aviation organizations–including NBAA, NATA, AOPA and GAMA–sent a joint letter to President Obama yesterday urging him to “challenge the inclusion of international aviation under the European Union Emissions Trading Scheme (EU-ETS) by initiating an Article 84 proceeding in the International Civil Aviation Organization (ICAO).” Invoking Article 84 allows the ICAO council to decide disputes that cannot be settled between member states. In 2000, this action was used to settle the engine hushkit squabble between the U.S. and Europe.

“Standing up against the application of this unilateral scheme on U.S. airlines and general aviation aircraft operators is necessary to protect U.S. sovereignty and jobs,” the groups said. “And it is the right position for the environment, since it will foster implementation of a truly international approach to aviation greenhouse gas emissions. In fact, draining away any funds through taxation or cap-and-trade schemes to general government funds reduces the ability of our industry to limit emissions.”

The groups called EU-ETS a “breach of U.S. sovereignty” because it imposes an EU tax on U.S. airlines, aircraft operators and citizens while flying in U.S. airspace and over international waters. “Unanswered, [EU-ETS] almost certainly will result in other such schemes affecting a variety of sectors of the U.S. economy,” they warned.