Głowacki Law Firm

Emissions trading
What is resource shuffling and why it can cause problems


The prohibition against resource shuffling is not currently introduced in EU ETS climate legislation. But for how long?


Last Updated on Friday, 19 April 2013 11:10
Push-Push-Pull – new proposition to improve the registries safety
Friday, 18 May 2012 22:19


How many authorisations are necessary to make emissions allowances transfer request fraud-resistant and, concurrently, non-bureaucratic?


First Deliverers of Electricity as covered entities under California cap-and-trade – a few remarks on equal treatment
Thursday, 17 May 2012 19:58


All first deliverers of the electricity in the EU must be treated equally, whether they are in-Union generators or electricity importers.


Draft Regulation on central securities depositories – relation with the emission market
Tuesday, 08 May 2012 06:11



The new framework for central securities depositories (CSD) provides for the rule that without prejudice to the corporate law under which the securities are constituted, an issuer will have the right to arrange for its securities to be recorded in any CSD established in any Member State. A CSD conducting business in different jurisdictions is obliged, however, to identify and mitigate the risks arising from any potential conflicts of laws across jurisdictions.



EC vs. ITRE – status for the physically settled forward products in MiFID II at stake
Monday, 07 May 2012 10:56


The opinion of the ITRE Committee highlights the fact that physically settled forward products in MiFID II EC proposal are classified as financial instruments. The essence of the recent ITRE proposal is, however, to explicitly exclude products that can be physically settled and that are entered into for commercial purposes and do not display the characteristics of other derivative financial instruments.


Legal complications with cross-border collateral EUAs arrangements after recent Registry Regulation amendment
Thursday, 03 May 2012 12:42


It appears that the regulatory work has stopped half way. Since the critical determination whether a trade has been performed in good faith would still be done in accordance with national laws it could be presumed that problems with enforcement of property rights will persist.


Extending Financial Collateral Directive to spot emissions allowances trade – why not?
Monday, 30 April 2012 20:03


It could presumably contribute to strengthening the liquidity in the emission allowances market and prop-up ailing prices if the safeguards provided for in the Financial Collateral Directive were extended to carbon instruments.

Also emitters could gain advantage from such a legislative action.


Alert for California potential opt-in entities
Thursday, 12 April 2012 10:48


May 1, 2012 – overlooking this date means heavy loses for California potential opt-in entities wishing to receive free allocation of 2013-vintage allowances in 2012.


The EUETS covered participants don’t have this problem because in the EUETS opt-in framework does not exist.


Global price for carbon - medium or longer term perspective?
Monday, 12 March 2012 06:14

Is there a global price for carbon? Today the answer seems obvious - it isn't.
Moreover, throughout the world there are radically divergent approaches to the issue of the very existence of the need for carbon pricing, the concrete price-setting mechanisms not to mention.
In order to outline the issue posed in the title there should be considered in the  first place the regulatory mechanisms for carbon floor and ceilings available in currently deployed schemes in California and Australia as the opposite to the entirely - up to now - market-based system functioning in the EU.

Legal nature of emission allowances as a property rights
Monday, 13 February 2012 21:53

There are arguments that EUAs should be classified as "property" and "intangible property" at common law.


Transfer of EUAs as a proof of ownership
Friday, 10 February 2012 20:27

It seems that before the amendment of the Registry Regulation rules as well as after such change the transfer of EUAs in itself may not be regarded as the sufficient proof of ownership of allowances sold. It is notably true when the allowances sold were transferred from an account other than the account of the seller.

Risk assessment report - State aid rules regarding carbon leakage sectors
Saturday, 04 February 2012 22:42

A tool for assessing risks inherent in draft Commission Guidelines with respect to aid to undertakings in sectors and subsectors deemed to be exposed to a significant risk of carbon leakage due to EU ETS allowance costs passed on in electricity prices (aid for indirect emission costs).

State aid rules regarding aid involved in optional transitional free allowances for the modernisation of electricity generation – unfeasible for beneficiaries?
Thursday, 05 January 2012 22:26

The important clarification regarding Article 10c of the Directive 2003/87/EC is that the market value of allowances allocated free of charge must not exceed the total costs for investments undertaken by the recipient of free allowances (at the level of company groups). If the total investment costs are lower than the market value of the allowances, the recipients of free allowances will be obliged to transfer the difference to a mechanism that will finance other investments eligible under the National Investment Plan.
The issue of State aid regime could be decisive for potential free allocations and consequently highly influential with respect to market price tendencies for emission allowances.

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Cap-and-Trade Schemes

Flexible Mechanisms


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