A number of carriers falling within the scope of the EU's Emissions Trading Scheme have submitted or will submit their first monitoring and reporting plans "under protest" following advice from IATA, ATWOnline has learned.
The deadline for airlines to submit their tonne-km. monitoring plan and emissions monitoring plan is Aug. 31, or Sept. 30/Oct. 15 for operators whose administering EU member state (UK, Sweden, Germany and Italy) postponed the submission date.
"We advised, particularly non-EU airlines, to consult their legal department and submit information 'under protest' on the grounds that most ICAO member states expressed concern about the European Union's intention to apply this ETS outside its territory without seeking their consent first," an IATA spokesperson said. "Some states claim the EU ETS also constitutes a violation of the Chicago Convention of 1944."
IATA emphasized that it is advising carriers to comply with the current ETS submission requirements so that they do not get penalized for noncompliance when airlines become part of the scheme in 2012. Noncompliance could include a ban on flying into Europe and/or withdrawal of a carrier's right to free emissions allowances.
The US Air Transport Assn. is taking a similar position and also is advising members to comply "under protest," VP-Environmental Affairs Nancy Young told this website.
IATA said it does not know how many airlines submitted information under protest as it does not receive copies of carriers' submissions to governments. Turkish Airlines told ATWOnline that making its submission under protest "has been considered by our various departments and we will make a decision in accordance with the advice of IATA and needs of Turkish Airlines."
While IATA's advice is directed primarily at non-EU carriers, some EU airlines are following the organization's guidance. Lufthansa, for example, confirmed to this website that it will make its submission to the relevant authority in Germany "under protest."