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Eritja, Mar Campins --- "Reviewing the Challenging Task Faced by Member States in Implementing the Emissions Trading Directive: Issues of Member State Liability" [2006] ELECD 428; in Peeters, Marjan; Deketelaere, Kurt (eds), "EU Climate Change Policy" (Edward Elgar Publishing, 2006)

Book Title: EU Climate Change Policy

Editor(s): Peeters, Marjan; Deketelaere, Kurt

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845426057

Section: Chapter 4

Section Title: Reviewing the Challenging Task Faced by Member States in Implementing the Emissions Trading Directive: Issues of Member State Liability

Author(s): Eritja, Mar Campins

Number of pages: 14

Extract:

4. reviewing the challenging task faced
by member states in implementing the
Emissions trading Directive: issues of
member state liability
Mar Campins Eritja1

1. tHE EU Ets DirECtivE
the Directive 2003/87/EC adopted in July 20032 establishes a legal framework
for an emission trading scheme (Et) covering carbon dioxide releases. the
deadline for implementing the Directive within domestic law was 31 December
2003. By 31 march 2004, national allocation plans for the period covering
2005­07 had to be submitted to the EC Commission for approval.3 Drawing up
these national allocation plans was the most critical challenge facing member
states as they prepared to implement the Et Directive. in doing so, they were
bound by articles 9 and 10 of the Et Directive and, more specifically, by the 11
criteria of annex iii, which had been interpreted by the EC Commission in its
Decision 2004/156/EC of 20 January 2004.4 By 1 January 2005, member states
had to ensure that no facility undertook any activity listed in annex i resulting
in emissions unless its operator held a site-specific and non-transferable green-
house gas (GHG) emissions permit, issued by the competent authorities. at the
same time, member states had to guarantee that emission allowances were
properly allocated to relevant installations. thus, a system for granting allow-
ances also had to be available at the national level. By 1 april 2006, companies
and corporations have to deliver for the first time a sufficient number of allow-
...