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Banking and borrowing under EU ETS and Boxer Kerry US draft of the new legislation Print E-mail
Monday, 05 October 2009 15:59

Both of the above possibilities are admissible in the EU and US schemes.

Additionally, Boxer Kerry provides for an interesting solution: “borrowing with interest”.

 

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EUAs and CERs as a security Print E-mail
Sunday, 04 October 2009 18:41

According to the circular of the ICE Clear Europe published in September 2009, the clearing house extended the list of permitted cover and included  Emissions Allowances issued under the EU Emissions Trading Scheme (EUAs) and the Kyoto Protocol (CERs).

 

Clearing Members may now use Allowances or CERs to satisfy original margin requirements. In order to bring a margin, EUAs or CERs should be deposited with a special account of ICE Clear Europe.


So, this proposition and concept presented by the clearing house bases on fiduciary assignment of allowances. It is probably because the other forms of a hypothecation in relation to CO2 allowances are still questionable.

 

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Why can’t new investments in Polish power generators benefit from derogation laid down in Article 10c of the Directive EU ETS Print E-mail
Saturday, 19 September 2009 11:02

There is a threat, that new investments of Polish power generators can’t benefit from derogation provided for in Article 10c of the Directive 2003/87/WE – contrary to intentions, which were expressed by politicians and negotiators during December 2008 negotiations of climate - energy package.

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The landscape after the judgment – prognosis of legal effects and further scenarios Print E-mail
Friday, 02 October 2009 18:59


It seems unbelievable, that in the construction of the European Emission Trading Scheme occurred such a glaring and  - potentially burdened with severe consequences – error in law.

 

Let’s analyze possible future legal scenarios, that are evoked with the judgment of the Court of First Instance of 23 September 2009 in Case T‑183/07 the Republic of Poland against the European Commission.

 

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Polish emission trading bill – unfortunately with many mistakes Print E-mail
Friday, 11 September 2009 17:26

Polish national implementation measure – the bill of 22 December 2004 of a greenhouse gas and other substances emission trading addresses contract of sale as an only one, that can be applied in relation to a disposal of emission allowances.


It is a classical mistake of legislators.

 

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