Carbon price floor – managed or marketable price for carbon?
- Category: taxation issues
The notion of the ‘carbon price floor’ (fashionable recently) makes at the first glance think of a minimum price for EUAs when traded on the market. And immediately a reservation comes to mind – how could it generally be possible to influence on prices for EUAs by such a rigorous regulatory means when inherent, pivotal component of the EU ETS is a free interaction of the demand and supply? And how could it be made only in UK when emission trading is, as a principle, pan-European? There is also a practical ambiguity, notwithstanding the legal character of the measure at issue, what will be its impact on prices on the European emissions marketplace?
Why importers of electricity into EU don’t have compliance obligation under EUETS?
- Category: Emissions trading
It is common knowledge that power producers in many countries outside the EU are not facing carbon constraints similar to those present under European Union Emissions Trading Scheme.
As a consequence, there are, however, investors that consider building power facilities outside the EU and importing electricity (provided technical and regulatory requirements allow). It seems that such a situation may be perceived as a regulatory gap that should be eliminated as quick as possible in order to avoid undermining the objectives of the revised EU ETS Directive.
Mysterious allocation to the heat benchmark sub-installations being new entrants
- Category: Implementation
The unknown capacity utilisation factor (differing across Member States), the first come, first served rule as regards allocation from the new entrants reserve and the flexible grounds for the rejection by the European Commission of the preliminary total annual amount of emission allowances submitted by the Member States – all these circumstances cause that the potential investors have no legal certainty how to valuate the relevant factors and have to assess in their projections the risks stemming from this fact.
Energy efficiency obligation scheme according to the Proposal for new energy efficiency directive – first impressions
- Category: Energy efficiency
Must obligated entities finance (and, potentially, to what extent) energy savings among their final customers in order to be able to count these savings towards their obligation?
The Proposal for new energy efficiency directive – mandatory requirements for electricity generation installations
- Category: Energy efficiency
Under the influence of the general impression of non-obligatory character of the draft provisions there shouldn’t be omitted some parts of the proposal, which impose rigorous requirements on new and existing electricity generation installations. Moreover, they are formulated in a strict manner and potentially would have significant effect on electricity generation capacities in Europe.
 Annex VIII - Guidelines for siting of thermal electricity installations | [Annex VIII to the Proposal - Guidelines for siting of thermal electricity installations and industrial installations] | 51 kB |
The possibility for freezing allowances and accounts – important change to the registry system
- Category: Emissions trading
The possibility “for freezing allowances and accounts” is specified in more detail in Articles 70, 71 and 73 of the Commission’s proposal for the Registry Regulation amendment and amounts to three differing legal measures with distinct premises, effects and entities authorised to use them, i.e.:
- suspension of all access by authorised representatives,
- suspension of access to allowances or Kyoto units,
- suspension of processes.
Exclusion of small installations and hospitals from EU ETS – time for conclusive decisions
- Category: Implementation
Article 27 of the Directive 2003/87/EC (as amended by the Directive 2009/29/EC) allows for the exclusion of small installations (subject to equivalent measures) from EUETS.
These small installations will have a chance to avoid administrative burdens and costs (resulting from the participation in the scheme) only, if governments act quickly. 30 September 2011 is a key deadline in that matter.
The creative Guidance Document n°6 on the harmonized free allocation methodology for the EU-ETS post 2012 – does the word “predominantly” have legal significance?
- Category: Implementation
The Decision does not use the word “predominantly” in the context of the special allocation procedures for private households and does not contain explicit provisions that would enable the differentiation of factual circumstances with 25 apartments and 2 shops from 25 apartments and 3 shops.
Multiple heat producers, heat network and multiple consumers – how to collect data on carbon leakage exposures?
- Category: Implementation
Is the heat distributor legally entitled to deliver data on the heat consumer’s carbon leakage status to the heat producer assuming that the agreement between the heat distributor and heat consumer does not regulate the matter?
Investing in Californian emission allowances – formal requirements
- Category: Emissions trading
What does it mean CA GHG Allowance? If somebody wish to invest in such an assets for strictly speculative purposes should apply to ARB to become VAE. Beneath an approximation of what could be expected from an investor taking into account purely formal aspects of the potential application. The issue may gain quite practical importance in 2012 already.
Enigmatic cross-sectoral correction factor – worries about final allocation
- Category: Implementation
In the case of installations being non-electricity generators, the final allocation could be determined only once the need and the value of the cross-sectoral correction factor is stipulated.
Green CERS – designed to be more far-reaching, but do they really are?
- Category: Implementation
The thorough assessment of the whole situation must lead to the conclusion that the list of green CERs is actual only at the given moment in time and there are no guarantees that the list will not change in the near future depending on current political fluctuations. The CERs that are “green” now, unnecessarily must remain “green” at the beginning of the third trading period as well as in the course thereof.