Głowacki Law Firm

The Polish NAP corrected ex post
Monday, 21 November 2011 06:53

The allocations for some Polish installations for 2012 will be decreased and set aside for the reserve pursuant to the new draft Law. For additional allowances may count the installations which were subject to change.



Recently ended the public consultations relating to the draft Regulation of the Council of Ministers (version of 26 October 2011) amending the Regulation on the adoption of the National Allocation Plan for the emissions of carbon dioxide under the emissions trading scheme (hereinafter referred to as: the ‘draft Regulation’ - available at http://www.mos.gov.pl/kategoria/4504_uzgodnienia_miedzyresortowe/).


The draft Regulation amends the Polish National Allocation Plan (hereinafter referred to as the ‘NAP’) for the period 2008 – 2012. It is planned to table the draft Regulation to the Government soon and the scheduled date for the entry into force of the new law is the early 2012.


In an Internet communication the Polish Ministry of the Environment asserted that in effect of the change of the NAP the allocations will be adjusted to the real needs of the enterprises.


The prime rule for the modified allocation is decreasing the amount of free allowances for entities which reduced emissions in other way than as effect of modernisation.


The Polish Ministry of the Environment clarified that subject to correction are allocations for 2012 taking into account the level of emissions in 2010. According to the said source the current needs for the emission allowances from the reserve exceeded the present abilities.

The Ministry also stated that the effect of the draft Regulation will be exploiting emission allowances for the real emissions from installations, pursuant to the foundations of the emissions trading scheme, and not for being unjustified and additional advantage arising from the very fact of participating in the scheme.



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