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Van Aken, Nicolas --- "The ‘Emissions Trading Scheme’ Case-Law: Some New Paths for a Better European Environmental Protection" [2008] ELECD 416; in Faure, Michael; Peeters, Marjan (eds), "Climate Change and European Emissions Trading" (Edward Elgar Publishing, 2008)

Book Title: Climate Change and European Emissions Trading

Editor(s): Faure, Michael; Peeters, Marjan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208989

Section: Chapter 4

Section Title: The ‘Emissions Trading Scheme’ Case-Law: Some New Paths for a Better European Environmental Protection

Author(s): Van Aken, Nicolas

Number of pages: 40

Extract:

4. The `Emissions Trading Scheme' case-
law: some new paths for a better
European environmental protection?1
Nicolas Van Aken2 under the direction of
Michel Pâques

1. INTRODUCTION
To assist its Member States in complying with their respective targets, the
European Union has established the Emissions Trading Scheme (ETS) within
the Community.3 The scheme, which started to operate from 1 January 2005,
`is a system under which thousands of CO2-emitting installations in Europe
receive a limited amount of allowances in function of their needs'.4 That ETS
directive introduced new concepts and mechanisms in European environmen-
tal law.5 Concerning the gases covered, the practical application is limited. In
fact, the ETS Directive covers only the CO2 emissions. The Directive covers
only specific sectors, determined in Annex 1 (representing about 11 500
companies). The emissions taken into account by the Directive represent 40%
of all EU-27 greenhouse gases. 6 The creation of tradable EU allowances is the
core of the ETS Directive. After each year, the company covered by the ETS
Directive has to return an exact number of EU allowances in order to `justify'


1 This article represents the position as at 10 May 2008.
2 The author would like to thank professor Michel Pâques, Professor at the
University of Liège and judge at the Belgian Council of State, for his support and his
constructive comments.
3 Directive 2003/87/EC of the European Parliament and of the Council of the
13 October ...