Legal Alert
The environmental disclosure obligation under EMAS and confidentiality of commercial or industrial data
Legal Alert
Monday, 25 July 2011 07:00


How to reconcile the two values mentioned in the title above? Does the decision to participate in EMAS mean the waiver of the company’s right to protect confidentiality of the environmental commercial or industrial information? Nothing of the kind. The EMAS Regulation contains a clause on this occasion, proposing indexing information against a baseline year.


The Polish NAP II - is the game definitively ended?
Legal Alert
Thursday, 18 March 2010 15:57

As the KASHUE (Polish National Administration for EUETS) announced, submissions relating to the draft of the NAP for the period 2008 - 2012 may be made only by the date 23 March 2010. According to the KASHUE, methodology for allocation of allowances applied in the draft, is analogous to that of 1 July 2008.

The European Commission upheld thus its decision relating to Polish CO2 allocations – despite the court defeat. But taking into consideration the findings of Court of First Instance in he judgment of 23 September 2009 in Case T‑183/07 there is still theoretically possible the opposite move – the increase in amount of allocations.

Since all depends on actual emissions figures – and these must be up-to-date.

The draft of the decision of the European Commission on the list of sectors deemed to be exposed to a significant risk of carbon leakage has been published!
Legal Alert
Monday, 21 September 2009 10:07

Contrary to other sectors of economy, where allocations of CO2 allowances amount from 80% to 30 % (2020), allocations for sectors deemed to be exposed to significant risk of carbon leakage will be 100 %. But in many concepts of energy-climate package words have different – not popular - meaning.

Also in the said case 100% does not mean full coverage of needs of installations.


First opinions in the European Commission’s consultation on the auctioning
Legal Alert
Saturday, 18 July 2009 15:49

We remind, that it is now running the period for submission to the European Commission of opinions and remarks in respect of the future shape of the auctioning system.

Their opinions expressed inter alia
the Danish Energy Association and the the Association of the Austrian Electricity Companies.

According to both opinions, a single-round sealed-bid auction is the most appropriate auction format for auctioning EU allowances. In the views of the stakeholders, the most appropriate pricing rule for the auctioning of EU allowances is uniform-pricing.

Rationale for this is the view that such a formula gives a clear price signal for the value of an EUA, thereby increasing predictability. It also ensures that every successful participant pays the same price, meaning that the auction price will be fair and minimises the risk of distorting the secondary market.

Both organisations also consider, that the rule for solving ties in the future Regulation should be pro-rata re-scaling of bids.

The opinions of both stakeholders are also consistent in that there should no reserve price apply.


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