The aim of the article is to outline and discuss some relevant legal issues concerning the extension of the EU Emission Trading System (ETS) to maritime transport, considered in the wider context of the preservation of the climate system and of the concurrent activity of other international organizations in this area. More specifically, attention will be focussed on the relationship between the EU ETS and the climate change international regulatory framework, especially in the light of the prospective adoption, within the International Maritime Organization (IMO), of a global emission reduction scheme for shipping. As is known, and as the adoption of the Carbon Border Adjustment Mechanisms demonstrates, the EU ETS lies in between environmental and trade policy, it heavily relies on a market-based approach and is formed by those States that, according to the principle of common but differentiated responsibilities, should bear the cost of the transition to a low-carbon world. These elements might be at odds with the global nature of the prospective IMO scheme, with the wary attitude emerged in its Marine Environmental Protection Committee with respect to market-based measures and, in particular, with its opposition to ‘cheap offsets, free allocations and generous exemptions’, considered as one of the main weaknesses of the system. The recent entry into force of the ETS extension to shipping as well as current discussions taking place at the IMO on emission reduction make this a timely topic, whose relevance for the theme of the call lies in the close relationship between climate change and legislative developments clearly impacting one of the main activities taking place at sea.
Comment to Directive (EU) 959/2023 establishing a system for greenhouse gas emission allowance trading within the Union and Decision (EU) 1814/2015 concerning the establishment and operation of a market stability reserve for the Union greenhouse gas Emission Trading System
Elisa Ruozzi
2025-01-01
Abstract
The aim of the article is to outline and discuss some relevant legal issues concerning the extension of the EU Emission Trading System (ETS) to maritime transport, considered in the wider context of the preservation of the climate system and of the concurrent activity of other international organizations in this area. More specifically, attention will be focussed on the relationship between the EU ETS and the climate change international regulatory framework, especially in the light of the prospective adoption, within the International Maritime Organization (IMO), of a global emission reduction scheme for shipping. As is known, and as the adoption of the Carbon Border Adjustment Mechanisms demonstrates, the EU ETS lies in between environmental and trade policy, it heavily relies on a market-based approach and is formed by those States that, according to the principle of common but differentiated responsibilities, should bear the cost of the transition to a low-carbon world. These elements might be at odds with the global nature of the prospective IMO scheme, with the wary attitude emerged in its Marine Environmental Protection Committee with respect to market-based measures and, in particular, with its opposition to ‘cheap offsets, free allocations and generous exemptions’, considered as one of the main weaknesses of the system. The recent entry into force of the ETS extension to shipping as well as current discussions taking place at the IMO on emission reduction make this a timely topic, whose relevance for the theme of the call lies in the close relationship between climate change and legislative developments clearly impacting one of the main activities taking place at sea.
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