The ETS Directive 2003/87/EC1 as amended by Directive 2009/29/EC2 (‘the ETS Directive’) requires the Commission to determine the absolute quantity of allowances for 2013 by end of June.
This legal briefing concludes that a legal avenue exists enabling the Commission to tighten the cap without the need to amend the ETS Directive, in light of recent jurisprudence of the Court of Justice and the open language of Article 9 of the ETS Directive 2003/87/EC as revised in 2009. By analogy to the case of Poland v. Commission T 183/07, the Commission is entitled, and indeed has the responsibility, to take into account up-to-date information beyond the criteria for setting the cap established by Article 9 of the ETS Directive. The Commission has the responsibility to ensure effective implementation of the ETS Directive in order to ensure environmental GHG reduction target and the efficient functioning of the system.
|Published||June 23, 2010|