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ECJ Slams Commission Rejection of National Emission Allocation Plans
Published 25th September 2009 - 4 comments - 1491 views -
The Court of First Instance has annulled in two separate cases the decisions by the European Commission to reject national greenhouse emission reduction plans (NAPs). Both Poland and Estonia challenged the respective decisions of the Commission that have rejected their national plans that allocate emissions under Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community.
In the case of Estonia the court says that by specifying a specific quantity of allowances, any exceeding of which is regarded as incompatible with the criteria laid down by the Directive 2003/87/EC, and by rejecting the Estonian national plan, the Commission has exceeded the limits of its power of review.
Ruling on Poland’s application, the court also finds that the Commission did not have the power to replace the data contained in the NAP with its own data, obtained on the basis of a single method of assessment applied to all the Member States.
The European Commission says that it is studying the judgment carefully with a view to a possible appeal.
These two decisions will probably have a negative impact on the proper functioning of the Community’s greenhouse gas emissions trading system. There are similar applications for annulment pending from Slovakia, Hungary, the Czech Republic, Latvia, Lithuania, Bulgaria and Romania.
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About the author
Vihar GeorgievSofia, Bulgaria
PhD Student
I have been particularly interested in climate change during the last five years. It is a favorite writing topic in my blogs for EU law. However, my interest in climate change is also professional. During the last four years I have been working in a financial consultancy in Bulgaria with a focus on renewable energy (RES) and energy efficiency (EE) projects.
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Thanks for an interesting news. Seems like you follow the progress of practical political decisions and know a lot about it.
Well, I try to
Sounds like bad news for emissions caps in Europe indeed. I wonder if there is any reaction from the Commission, or any independent commentary on these decisions of the court.
The Commission says it would now have to reconsider its decisions on the two countries’ emissions strategies, but that the two countries should wait until it did so:
http://euobserver.com/19/28720