Jet Air loses UK appeal against €15,000 green fine

24 Oct 2015

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A judge in the United Kingdom on Friday dismissed Indian private carrier Jet Airways' appeal against a €15,000-fine for failure to comply with the European Union's emissions targets.

Since 2012, the Europe's Emission Trading System (ETS) stipulates that all aircraft using its airports pay for carbon dioxide emissions.

Jet had argued that the Indian government had asked it not to comply with the scheme.

''The only substantive legal point it (Jet) takes in respect of the civil penalty notice … it was bound to follow various directions emanating from the government of India not to participate in the EU-ETS … those directions from the Indian Government could not oust the application of the EU-ETS, as and when Jet flew to and from EU aerodromes and thus bound itself to the EU-ETS,'' Justice David Hart ruled in his judgement.

The British ruling notice, dated 12 October, said that Jet Airways was required to submit carbon allowances to cover 150 tonnes of CO2 emissions in 2012.

Hart was appointed by the UK's energy and climate change ministry to look into Jet's appeal and has already rejected an appeal by the Mumbai-based airline earlier this year.

The UK's Environment Agency (EA) had issued a ''notice of determination'' to Jet in June 2014 relating to 150 tonnes of carbon dioxide emitted by the airline that year, the first stage in the disciplinary process that can result in fines of €100 per tonne plus the cost of the un-surrendered allowances, the revoking of an airline's operating licence, or the impounding and sale of aircraft.

This led to Jet's appeal against the notice.

The EU had scaled back its airline carbon market in 2012 from covering all flights using European airports to only those flying between them, amid claims the scheme infringed on the sovereignty of other countries and protests from India and other countries including Saudi Arabia and Russia.

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