Home | Databases | WorldLII | Search | Feedback Edited Legal Collections Data

Egelund Olsen, Birgitte --- "The IPPC Permit and the Greenhouse Gas Permit" [2006] ELECD 432; 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 8

Section Title: The IPPC Permit and the Greenhouse Gas Permit

Author(s): Egelund Olsen, Birgitte

Number of pages: 16

Extract:

8. the iPPC permit and the greenhouse
gas permit
Birgitte Egelund Olsen1

1. iNtroDUCtioN
the development of the environmental law of the European Community (the
Community) is characterized by the use of a range of regulatory instruments.
this is in accordance with the Community's sixth Environment action Pro-
gramme, which states that the aims and objectives set out in the Programme
need to be pursued through the use of a mix of regulatory instruments, including
market-based and economic instruments.2
another characteristic of the more recent development of Community envi-
ronmental law, which is not mentioned in Community policy programmes and
strategies, is a tendency for the Community no longer to restrict itself to setting
the regulatory framework. to some extent the Community also fills out the
framework and thereby leaves less to the discretion of the member states in the
implementation process. thus, the Community is perhaps moving away from
a highly flexible regulatory approach to environmental law, which puts great
emphasis on the principle of subsidiarity, and towards a deeper Community in-
volvement and in setting the framework which narrows the competences of the
member states, and which may reduce the scope for the member states to en-
sure a form of implementation that reflects national characteristics and priorities
within the overall framework of Community legislation and policy. the Direc-
tive establishing a scheme for greenhouse gas (GHG) emission allowance
trading (hereinafter the `Emissions trading Directive') is an example of this.3
the Directive establishes a ...