The European Commission has referred Poland and Spain to the Court of Justice of the European Union (CJEU) for failing to transpose into national law EU rules concerning the Emissions Trading System (ETS) in the aviation sector. The Commission is requesting that financial penalties be imposed on both countries.
The case concerns a 2023 amendment to the directive governing aviation’s contribution to the EU’s emissions-reduction targets. The revised legislation is intended to increase the aviation sector’s role in cutting greenhouse gas emissions. Among other measures, it provides for the gradual phase-out of free emission allowances for airlines. It incorporates the principles of the CORSIA system established by the International Civil Aviation Organization (ICAO) into EU law. Under this system, airlines are required to offset growth in emissions by purchasing eligible emission-reduction credits.
The Commission announced on Thursday that the deadline for implementing the rules expired on 31 December 2023.
According to the Commission, the revised provisions are designed to strengthen the aviation sector’s contribution to the EU’s climate objectives and to implement the global carbon offsetting and reduction scheme for international aviation.
The Commission recalled that infringement proceedings against Poland and Spain were launched in January 2024. In its assessment, the measures taken by the authorities of both countries were insufficient, prompting the referral of the cases to the CJEU together with a request for financial sanctions.
The Commission has also decided to bring a separate case against Spain before the Court for failing to implement the revised directive concerning the EU Emissions Trading System as a whole. Those provisions extend the ETS to sectors such as maritime transport and reinforce funds supporting the climate transition.
The EU’s climate targets include reducing greenhouse gas emissions by at least 55 percent by 2030 compared with 1990 levels, and achieving climate neutrality by 2050.