ICAO puts a spanner in the EU’s ETS works – Resolution calls for bilateral deals in the event on non-EU flights

gavc law - geert van calster

After considerable debate, ICAO have adopted a Resolution on 4 October, holding inter alia that the EU must not extend its emissions trading scheme to flights covering non-EU territory, unless and until bilateral deals are concluded with the States concerned (see in particular point 16 of Resolution 17.2).  This eventual position is considerably stricter for the EU than previous drafts.

ICAO did forecast work to start on an international scheme by 2016, with a view to resulting in a regime that will kick of in 2020. This delay is, one assumes, unlikely to be palatable by the European Parliament, especially in light of the European Court of Justice’s support for the extension. The EU therefore now needs to decide whether to up the stakes and lift its freezing of the ETS extension; leave the freeze in place and engage fully with ICAO’s search for multilateral action (not that the…

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About Geert van Calster

Geert is an independent legal practitioner and academic. An alumnus of the College of Europe, Bruges (promotion Stefan Zweig), Prof van Calster is the Head of Leuven Law's department of European and international law. Geert is a visiting professor at Monash University (Melbourne) and at the China-EU School of Law in Beijing, and a visiting lecturer at King's College, London. He was previously i.a. a visiting lecturer at Oxford University. He was called to the Bar in 1999 after having worked as of counsel to a City law firm since 1995, and practices in the areas of Private international law /Conflict of Laws; WTO law; (EU) environmental law; and EU economic law.

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