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Guidance on the optional application of Article 10c beset with legal traps (I)

Category: Implementation
Published: 04 April 2011


If somebody hoped so far that submitting national plan for investments, pursuant to Article 10c(5) of Directive 2003/87/EC, would in any way resolve the question of state aid, he should now, after publication of the guidelines, have no illusions about it.

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Guidance on the optional application of Article 10c – the notion of “physically initiated” investment once more in focus

Category: Implementation
Published: 01 April 2011

 

“Preparatory work” concept casts numerous doubts. Will current legislative efforts at national level manage the situation to be cleared up?

 

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The volumes of early auctions specified but the method and detailed timelines for monetisation of phase 3 allowances from NER 300 still uncertain

Category: Emissions trading
Published: 19 March 2011


According to the European Investment Bank all sales of CO2 allowances from the new entrant reserve (NER300) will be of a forward nature for settlement in December 2013 at the earliest. The options for the monetisation method are: auctions, on an exchange and over the counter.


It follows from the Cooperation Agreement between European Commission and the European Investment Bank on the implementation of Commission Decision C(2010) 7499 that the main elements of the monetisation method including the defined monetisation period and the expected total volume of monetisation should be published on the EIB's website but it has not been done yet.

This publication is impatiently awaited because there are some ambiguities as regards important for EUETS participants features of monetisation.

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ICE Futures Europe Circular 11/038 of 10 March 2011 – safeguarding the position of the Exchange but what about the traders?

Category: Emissions trading
Published: 14 March 2011

 

Does the ICE Futures Europe Circular 11/038 of 10 March 2011 mean that the trader that was delivered by the Clearing House and the Exchange “prohibited” emission allowances has no legal remedies against the seller? Such a rule would be difficult to accept from the position of legal interests of the buyer as a party to the agreement. It seems that in the said document there are also other points that should be carefully considered.

 

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Delivery delay mechanism in EU ETS registries – something like the RGGI design?

Category: Emissions trading
Published: 10 March 2011

Under Regional Greenhouse Gas Initiative Model Rules the Regulatory Agency of the RGGI (or its agent) records a CO2 allowance transfer by moving each CO2 allowance from the transferor account to the transferee account within 5 business days of receiving a CO2 allowance transfer.


Is this a right remedy for the EUETS recent weaknesses?

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Enforcement of the surrender obligation and companies affiliations – something missing?

Category: Emissions trading
Published: 04 March 2011

 

It should be considered that the responsibility for the timely surrendering of emission allowances be accounted for at a level of a group of affiliated companies.

 

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