Report (en)

Reference/dossier no.: L271-0595

Five participants criticise the fact that the data should be collected before the conclusion of

negotiations with the EU on the linking of the respective emissions trading schemes.

(Aerosuisse, chambers of commerce of both Basel cantons, SHA, Swiss, VSF)

2.2.3 Criticism regarding compatibility with the Chicago Convention

Ten participants express the view that the collection of data for international flights is equivalent to an extra-territorial application of Swiss law, and is thus in contradiction to the fundamental principle of airspace sovereignty as per Article 1 of the Chicago Convention.

(A4A, AACO, Aerosuisse, ASDA, BAR, chambers of commerce of both Basel cantons, SHA, Swiss, United Airlines, VSF)

One participant notes that the legality of data collection for international flights will be disputed on several fronts.

(IATA)

Three participants point out that the ruling of the European Court of Justice on the legality of the EU emissions trading scheme does not address all legal issues in a conclusive manner.

(A4A, IATA, United Airlines)

Two participants add that the question of legality of data collection may need to be re-examined by Swiss courts.

(A4A, United Airlines)

2.2.4 Possibility of retaliatory measures by third countries

Twelve participants refer to the strong political resistance from third countries against the EU emissions trading scheme and a corresponding ICAO Council declaration in November 2011.

(A4A, AACO, AEA, Aerosuisse, ASDA, BAR, chambers of commerce of both Basel cantons, IATA, SHA, Swiss, United Airlines, VSF)

Eleven participants warn that data collection is perceived by third countries as a preparatory step towards the integration of civil aviation into the emissions trading scheme. They refer to the already resolved as well as threatened retaliatory measures by third countries in response to the EU

emissions trading scheme, and point out that Switzerland, too, could become a target of such measures.

(AACO, AEA, Aerosuisse, ASDA, BAR, economiesuisse, chambers of commerce of both Basel cantons, IATA, SHA, Swiss, VSF)

Six participants point out that Switzerland is particularly at risk of lawsuits and political retaliatory measures since it would be the first third country that formally recognises the EU emissions trading scheme, and it also possesses less political clout than the EU.

(Aerosuisse, ASDA, chambers of commerce of both Basel cantons, SHA, Swiss, VSF)

Eight participants warn that the threatened retaliatory measures by third countries could result in disadvantages for Swiss and European airlines.

(AEA, Aerosuisse, ASDA, economiesuisse, chambers of commerce of both Basel cantons, SHA, Swiss, VSF)

One participant points out that any imposed retaliatory measures could have a particularly negative impact on Switzerland’s tourism and export sectors.

(economiesuisse)

2.2.5 Statements in favour of global measures at the ICAO level

Twelve participants express the view that it will only be possible to deal with the problem of CO2 emissions from air transport by introducing global measures.

(A4A, AACO, AEA, Aerosuisse, ASDA, BAR, chambers of commerce of both Basel cantons, IATA, SHA, Swiss, United Airlines, VSF)