L’applicazione al trasporto marittimo del sistema di scambio di quote di emissione tra competenza ambientale, effetti extraterritoriali e vincoli concorrenziali del mercato interno

The article examines the extension of the European Union (EU) Emissions Trading System (ETS) to the maritime transport sector, focusing on its implications for the EU’s environmental competence, its extraterritorial reach, and the functioning of competition within the internal market. After outlining the evolution of the ETS within the EU law on climate governance, the analysis considers the legal basis for including maritime transport and the external dimension of the Union’s action. Particular attention is paid to the interaction with the international legal framework, especially the role of the International Maritime Organization (IMO), and to the possible extraterritorial effects of EU law grounded in the effects doctrine. The article also reflects on the ‘Brussels effect’ and the extent to which access to the EU market may operate as a mechanism of regulatory attraction. Finally, it addresses the competition law implications of the maritime ETS, including the risks linked to market dynamics and public interventions. The analysis shows that the maritime ETS raises the need to balance climate objectives with international coordination and internal market constraints, confirming its role as a key test for the EU’s capacity to reconcile environmental ambition with legal and economic limits.