The European Business Aviation Association has warned that the European Union Emissions Trading Scheme (EU ETS) risks being discriminatory on several grounds.

It says that business aviation is treated unfairly compared with other modes of air transport. On average, business aircraft operators must acquire up to 96% of their historical emissions in permits compared with only 15% for airlines.

Says EBAA president Brian Humphries: "It is deeply unfortunate that member states have so far decided against coupling the small emitters' reporting tool with single point verification. In many cases, for smaller emitters the costs for monitoring and reporting, and particularly verification, far outweigh the costs linked to acquiring CO2 permits. As such, the MRV procedure threatens to weaken the competitiveness of European business aircraft operators compared with non-EU competitors and other modes of transport."

EBAA also believes that the ruling of the European Court of Justice which decided that the EU ETS does not infringe on international customary law, is commendable in that it ensures equitable treatment between EU and non-EU stakeholders. "Unfortunately though, this only adds fuel to the fire, stirring up a range of protests. China and the US are just two prominent examples. It is questionable whether the mechanisms put in place by the commission to enforce compliance will be robust enough to resist widespread international resistance," says EBAA.

The timing of the implementation of ETS is also questioned. "The year 2011, and one expects the year 2012 as well, had and will record negative air transport figures amidst depressed demand and rising operating costs," says Fabio Gamba, EBAA ceo. "The EU ETS is predicated on growth, and it becomes redundant if not harmful when growth is negative or lacklustre at best. "