Briefing

Domestic aviation fuel tax in the EU

January 10, 2019

This paper will consider the legal possibilities for imposing a tax on the fuel used in EU member states' domestic aviation. It will consider the relevant treaties and laws: the Chicago Convention, the EU ETS, the Energy Taxation Directive, and the Excise Duty Directive.

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It reaches the conclusion that taxation can be imposed on fuel used in domestic aviation without legal impediment. It should be noted at the outset that this question has been considered before by the UK Parliament and by Prof Eckhard Pache for the German Federal Environment Agency, both of which came to the conclusion that taxing domestic aviation fuel in the EU was perfectly legal.

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