Representatives of Non –EU Members of International Civil Aviation Organisation Meet in Moscow
Joint Declaration Urge EU to Work Constructively on a Multilateral Approach to Address International Civil Aviation Emissions
Joint Declaration Urge EU to Work Constructively on a Multilateral Approach to Address International Civil Aviation Emissions
The representatives from
Armenia, Argentina, Azerbaijan, Republic of Belarus, Brazil, Cameroon, China,
Cuba, Chili, India, Japan, Republic of Korea, Mexico, Malaysia, Nigeria,
Paraguay, Russian Federation, Saudi Arabia, Seychelles, Singapore, South Africa,
Uganda and United States of America of International Civil Aviation
Organisation (ICAO) met in Moscow on February 21 and 22, 2012 and reaffirmed
the importance of the role of the ICAO in addressing international civil
aviation emissions, including pursuant to the request from the parties to the United
Nations Framework Convention on Climate Change (UNFCCC).
The countries gathered in
Moscow reiterated the importance of Kyoto Protocol to its Parties as well as
importance of Chicago Convention and the need to ensure full compliance with
its provisions.
Ch. Ajit Singh, the Minister
of Civil Aviation met with Ms. Connie Hedegaard, Commissioner for Climate
Policy of EU earlier in February, in which the Minister reiterated that the
European Union Emission Trading System (EU-ETS) violates the principles of the Chicago
Convention and is also against the bilateral Air Services Agreement between
India and EU Member States. Later during the meeting of the President,
European Union with the Prime Minister of India in Delhi, Ch. Ajit Singh, Civil
Aviation Minister reiterated the stand of India regarding EU-ETS scheme. The
Minister mentioned that the EU-ETS scheme infringes upon the sovereignty of
states outside the European Union and violets the principles of the common but
differentiated responsibilities (CBDR) under the UNFCCC wherein developing
countries are not subjected to an emissions cap.
He also apprised
the EU President that the de-minimus provision under the scheme is notional.
Accepting EU-ETS in the civil aviation sector means starting of a trend for
similar action in other sectors, which would have greater implications for
Indian Economy. The Minister also confirmed that India would not be in a
position to alter its stand and that EU must consider to withdraw the Scheme.
The member stressed that the
unilateral inclusion of international civil aviation in the EU-ETS has
constituted an obstacle to the progress of ICAO’s work underway to address
international civil aviation emission.
Underlining the lack of an
adequate response from EU to the ICAO Council’s Decision C-DEC 194/2
including the lack of a constructive dialogue to address the concerns of the
non-EU States expressed in that decision and elsewhere and considering that the
inclusion of international civil aviation in the EU-ETS leads to serious market
distortions and unfair competition, the meet decided to adopt joint declaration
as a clear manifestation of their unanimous position that the EU and its Member
States must cease application of the Directive 2008/101/EC to
airlines/aircraft operators registered in third States.
The Moscow Joint Declaration
urged the Member States to consider taking actions/measures such as:-
1. Filing
an application under Article 84 of the Chicago Convention for resolution of the
dispute according to the ICAO Rules for the Settlement of Differences (Doc
7782/2);
2. Using
existing or new State legislation, regulations or other legal mechanism to
prohibit airlines/aircraft operators of the State from participating in the
EU-ETC;
3. Holding
meetings with the EU carriers and/or aviation-related enterprises in their
respective States and apprise them about the concerns arising out of the EU-ETS
and the possibility of reciprocal measures that could be adopted by the State,
which may adversely affect those airlines and/or entities.
4. Mandating
EU carriers to submit flight details and other data;
5. Assessing
whether the EU-ETS is consistent with the WTO Agreements and taking appropriate
action;
6. Reviewing
Bilateral Air Service Agreement, including Open Skies with individual EU Member
States, and reconsidering the implementation or negotiation of the ‘Horizontal
Agreement’ with the EU;
7. Suspending
current and future discussions and/or negotiations to enhance operating rights
for EU airlines/aircraft operators;
8. Imposing
additional levies/charges on EU carriers/aircraft operators as a form of
countermeasure;
9. Any
other actions/measures.
Members also strongly urged
EU to work constructively forthwith in ICAO on a multilateral approach to
address international civil aviation emissions. Member countries stressed the need
to exchange information on the measures adopted and to be adopted, particularly
to ensure better coordination, by each non-EU Member State after this meeting
in future. The members decided to continue their intensified common efforts to
make progress at ICAO to address international civil aviation emissions and
they requested the Russian Federation to communicate this Joint Declaration to
the EU and its Member States on their behalf and invite any other State to
associate itself with this Joint Declaration and, in this connection request
the Russian Federation to extend invitation.
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