Keywords
environmental law, directive 2003/87/EC, emission trading, auctioning, free allocation, State aid
Abstract
The subject matter of this article is the implementation in Poland of Directive 2003/87/EC on the emissions trading scheme for greenhouse gases in the Community. The first part of the article focuses on the presentation of the legislation and institutional arrangements which transpose the obligations contained in Directive 2003/87/EC into Polish law. On the basis of this, the article then presents some problems regarding the implementation in Poland of important changes introduced into Directive 2003/87/EC by Directive 2009/29/EC. This part of the article contains an analysis of Article 50 of the new Act on the System of Greenhouse Emission Trading, which introduces specific rules for licensing bodies that undertake investment in terms of compliance with the provisions of Directive 2009/29/EC. Secondly, this paper also presents a preliminary assessment of the proposed free allocation of greenhouse gas emissions allowances in Poland to electricity production enterprises. This is examined from the viewpoint of the possibility of State aid in the meaning of Article 107(1) of the Treaty on the Functioning of the European Union.
Recommended Citation
Stoczkiewicz, M. (2011). The Emission Trading Scheme in Polish Law. Selected Problems Related to the Scope of Derogation from the General Rule for Auctioning in Poland. Yearbook of Antitrust and Regulatory Studies, 4(4), 95-113. Retrieved from https://press.wz.uw.edu.pl/yars/vol4/iss4/6
First Page
95
Last Page
113
Page Count
18
Publisher
University of Warsaw
Publication Date
2011-06-01
