Głowacki Law Firm

Climate-Energy Legislative Package
EU ETS Market Stability Reserve - a remedy with side effects


The European Commission asserted that the EU ETS Market Stability Reserve would both address the surplus of emission allowances that has built up and improve the system's resilience to major shocks by automatically adjusting the supply of allowances to be auctioned. 


But the operation of the reserve is based only on the volumes of allowances in circulation, which seems the fundamental shortcoming.


Last Updated on Thursday, 13 March 2014 14:16
The EU ETS installation's capacity reduction - something to loose or gain
Monday, 23 September 2013 05:25


If the operator is planning the capacity reduction in an installation covered by the EU ETS scheme and there are, for technical reasons, the two options as regards the implementation date for this decision: for instance 15 December of the year "n" and 15 January of the year "n+1", which of the two dates indicated is more advantageous for installation's operator for the free allocations' purposes? 


Clearance on free-allocation state aid issues in the Commission communication of 5 September 2013
Thursday, 12 September 2013 09:07


As a result of the delay, until the Commission's communication of 5 September 2013 European industrial installations eligible to be granted free carbon permits were not cognizant of the exact volumes of the allocation under Article 10a of the Directive 20013/87/EC.


Carbon leakage list: additions possible, no removals
Thursday, 11 July 2013 12:15


EU ETS carbon leakage list applies for the years 2013-2014. It is interesting that while additions are possible before 2014 (and are in fact occuring in yearly intervals), sectors included cannot be removed from the list before that date.

Such carbon leakage list unidirectional design is in the climate policies turmoil among the last safeguards that give certainty to the European industry. 


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Why EU ETS does not apply auction purchase limit and holding limit
Wednesday, 17 April 2013 20:12


Although applying holding limits as well as auction purchase limits in cap-and-trade schemes sometimes meet with criticism, the absence of such limits in the EU ETS current design, particularly when the concept of backloading failed, brings important risks for the system.


Judgment of the General Court of 7 March 2013 in Case T-370/11 – natural gas as a benchmark fuel lawfully implemented in the secondary legislation
Wednesday, 20 March 2013 23:07


Without entering into specific polemic with certain parts of the Court's reasoning, in any case a general conclusion comes to mind, namely that when designing any emission trading scheme such an important determination like the choice of reference fuel for the benchmarks-setting process should be done in primary legislation, and not in implementing acts. Such an approach would better serve democratic procedures.


The European Parliament resolution of 14 March 2013 on backloading – on the verge of legal order?
Tuesday, 19 March 2013 06:23


Given the slight majority of votes, the preliminary character of the debate and legal challenges for the overall context of the problem, any optimism when it comes to the conclusions contained in point 91 of the resolution appears premature.


Production stoppages in the context of EU ETS
Monday, 25 February 2013 22:59

In times of economic crisis many economic operators temporarily cease production in order to withhold the slowdown. When the stoppage relates to production line covered by EU ETS some additional legal circumstances are to be considered.


The issue of a crucial financial weight is for how long the installation can be stopped so that the free emission allowances were not put at risk.


Data quality levels under the EU ETS M&R Regulation - overstated
Thursday, 21 February 2013 23:10


Another point for the carbon market revamp: interlinkages between the current valuation of carbon permits and the tiers monitoring framework.


Must every EU ETS installation operator be a risk manager now?
Wednesday, 20 February 2013 20:12


Analyses for risk are as from 2013 a new mandatory element in the EU ETS emissions monitoring framework.


Legal effects of significant and non-significant changes to the monitoring plan - short guide
Sunday, 17 February 2013 16:32


The administrative burden involved in the ensuring that the monitoring plan reflects accurately all legally required points depends on the assessment of the significance of the potential change as well as the way the procedures in the monitoring plan are described.


EU ETS cost/benefit analyses based on artificial and unrealistic assumptions
Saturday, 16 February 2013 13:38


M&R Regulation applies a constant allowance price of 20 € as an input for important business estimations and assessments. Another regulatory document, the European Commission’s Guidance on the optional application of Article 10c of Directive 2003/87/EC (2011/C 99/03) adopted the relevant price levels between 14.5 € (years 2010 - 2014) and 20 € (2015 – 2020).

What are the effects of the above assumptions considering the background of current market prices for carbon?


A few remarks on transparency of the EU ETS regulatory practice having regard to the European Commission's communication of 25 January 2013
Saturday, 26 January 2013 20:00


The absence of stating the reasons for the current delay in allocation of emission allowances in 2013 as well as the lack of the concrete new date when the allocation will be possible are among the main shortcomings of the European Commission's communication on the issue.


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