law_mcel_master_working_paper_urgenda_case_and_applicability_of_the_charter_2019.pdf
(485.12 kB, PDF)
… Nicolaas Hendriks, for providing me with support and encouragement throughout the process of researching and writing this thesis. Table of Contents List of Abbreviations i Abstract ii 1. Introduction 0 1.1 Research question(s) 1 1.2 Method 2 2. EU Greenhouse Gas Reduction Legislation: Commitments for Member States 4 2.1 The EU 2020 climate and energy package 4 2.2 The EU Emissions Trading Scheme 4 2.3 The Effort Sharing Decision 6 2.4 The possibility of further going action, cf. Art 193 TFEU 6 … cap decreases each year by a linear reduction factor of 1.74% of the average total quantity of allowances issued annually in 2008-2012,22 cf. Art 9(1) of the EU ETS.23 Within the cap, companies in the concerned industries under the EU ETS receive or buy emission allowances. They can trade these allowances with other companies included in the scheme, cf. Art 12(1) of the EU ETS. Each year, in April, the companies must surrender enough allowances to cover all their emissions of the preceding … Under certain conditions, the Member States may transfer the part of their annual emission allocation that exceeds their greenhouse gas emissions for that year to other Member States, cf. Art 3(5) of the ESD. This means that a Member State can buy allowances to cover up a potential shortage. So, as can be seen, under both the EU ETS and the ESD, there are possibilities that allow for a certain flexibility when industries and Member States, respectively, are to fulfil their obligations under …