District heating delivered to private households pursuant to the Benchmark Decision – different tariffs needed
- Category: Implementation
In both of the said models there are decreasing curves of allocation but the main difference (different factors excepting) is that the base for allocation for heat production for private households could be real historical emissions – without using natural gas benchmark.
Benchmarks Decision of the Commission – rules on closures specified
- Category: Implementation
It should be noted that, pursuant to the Decision, an impact on the installation’s allocation of EUAs have, generally, three categories of events:
1) the change to an installation’s capacity (Articles 20 and 21 of the Decision),
2) the change to an installation’s operation (Article 22 of the Decision), and
3) the change to an installation’s activity level (Article 23 of the Decision).
The publicness of the data held in the CO2 allowances registries – pivotal principles decided by the recent judgment
- Category: Emissions trading
Are the individual characteristics of transactions in emission allowances, which are entered into registries, publicly available? If yes, under what conditions and to what extent? What is the relation between the Registry Regulation and the Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ 2003 L 41, p. 26)? Does the Registry Regulation provide for the specific rules in this field or the said Directive is nevertheless binding as regards requests for making publicly available trading data (dates, volumes, parties to the transactions, prices etc.)? All these, vital for young emission market, questions are decided in the recent judgment. But we go a little further and make some classifications as regards the subject-matter.
Legal complications with the recovery of the stolen allowances
- Category: Emissions trading
Imagine hypothetically that the stolen allowances were entered into circulation and were subject to the transactions for the sale (or other disposal) of allowances between the parties in different Member States.
Objective responsibility of insiders extends to the primary market in emission allowances and to the commodities physical market in electricity and gas
There are reasonable grounds to believe that the legal regime for the responsibility of insiders, emphasising the objective elements of the factual circumstances, elaborated on the basis of the MAD Directive, will also be applied on the grounds of the Auctioning Regulation and the future REMIT Regulation.
Extending regulatory safeguards of the MAD Directive to the spot markets in electricity and emission allowances – will this change so much?
- Category: Emissions trading
Recently announced „Proposal for a Regulation of the European Parliament and of the Council on energy market integrity and transparency {SEC(2010) 1510} {SEC(2010) 1511}” subjects wholesale energy products traded on the spot market to the safeguards currently present mainly on the financial market. The issue obviously regards inter alia the prohibitions on insider dealing and market manipulation.