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The publicness of the data held in the CO2 allowances registries – pivotal principles decided by the recent judgment

Category: Emissions trading
Published: 01 February 2011


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.

 

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Legal complications with the recovery of the stolen allowances

Category: Emissions trading
Published: 30 January 2011


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.

 

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Objective responsibility of insiders extends to the primary market in emission allowances and to the commodities physical market in electricity and gas

Category: Judgments of the European Court of Justice
Published: 20 January 2011

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.

 

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Extending regulatory safeguards of the MAD Directive to the spot markets in electricity and emission allowances – will this change so much?

Category: Emissions trading
Published: 17 January 2011

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.

 

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The eligibility to apply for admission to bid in the auction pursuant to the Auctioning Regulation

Category: Auctions of CO2 allowances
Published: 13 January 2011


Is there a risk that hypothetical power and fuel suppliers from one Member State will be entitled to bid directly in the auction and the same from another Member State won’t?

 

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CCR (Carbon Capture Readiness) – the economic feasibility to retrofit for CO2 capture

Category: CCS
Published: 11 January 2011



Everyone knows that CCS is not economic yet. So, what’s the matter with the requirement contained in the Directive that the new combustion plants assessed economic feasibility to retrofit for CO2 capture?

 

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