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Two US Congressmen, one a Democrat, the other a Republican, are leading a move to make participation by US carriers in the imminent European Emissions Trading Scheme illegal.

Their proposed bill is entitled The European Union emissions trading scheme prohibition Act of 2011.

The proposed bill has been welcomed by Ed Bolen, president of the US National Business Aircraft Association.

“Chairman [John] Mica and subcommittee chairman [Tom] Petri and their colleagues are to be commended for taking strong action to prevent the EU from implementing a plan that will have negative economic consequences for our economy and for business aviation,” Bolen said.

The core clause in the bill, as drafted, is: “The European Union’s extraterritorial action is inconsistent with long-established international law and practice, including the Chicago Convention of 1944 and the Air Transport Agreement between the United States and the European Union and its member states, and directly infringes on the sovereignty of the United States”.

Bolen added: “While the industry will continue working to minimise its carbon footprint, we welcome this strong signal from government leaders that emissions policies, like all aviation policies, should be set by the International Civil Aviation Organization.”

Flight International, 22 July 2011