Sessions 5 - EU climate change law

18 important questions on Sessions 5 - EU climate change law

What are the mostimportant eu clinate laws?

- Climate neutrality regulations ( european Climate law)
- Regulation on the governance o the engery union and climate action
- Eeu emissuin trading system ETS

Climate Neutrality Regulation 2021, goal and obligations

-European climate law is also called in docuements. Main legal document.
-main goal of the eu: balance emission and reduction. Also goals for the in between goals.55% reducation, art.4 (1)
-Net zero emissions by 2050 (art.2) it is linked to paris agreement and the stocktake.
- ms have own goal
- states must adapt adaptation plan art.5
- art.7 complaince

What is proposal eu commison climate neutrality regulation?

- 2040 goal within 6 months after the global stocktake.
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What complaince mechanism is there CNR

They can issue art.7 recommendations against ms.  ms has to reply and explain why it doesnt comply. In eu law more general complaince instruments that can be used, they apply to all eu laws. They can start infirngement procedure.

What new laws did the commission have

8 new laws to set it in motion.  A lot of laws are changed and introduced. Most have been enacted. Fit for 55, policy package.

Anther general instruments that predates CNR, now regulation on the governace of the energy union and climate action?

More procedureal
- requirements to implement PA
- MS must submit engery plan, they need to have a plan every 10 years. Update it regulary. In these plans ms have to lay down all their measures and policies.

Ms must set binding national targets and measures with regard five dimensions?

- decarbonization
- energy effciency
- energy security
- internal energy market
research, innovation, competitveness

Regulation on the governace of then ergy union and climate action goals? Measures to collective goals?

All actions togheter lead to 50 %
art.9 recommendations
art.10 public participartion required
- long term stragety art.15
* eu level
* methane
- art.1 multistakholder dialogue required

What is the EU ETS?

You have a maximum cap for the regulated entities, the industries that fall under this. All emission are limited togheter. Then this maximum is cut up in small portions of 1 tonne co2. Those are allowances, you need equal allowances of what you emitted.You can sell your allowances. It becomes intersting to reduce emissions.

Directive 2003.87 allowances trading

What happend to the ets and what is ets 2

Industries were added and changes were made,
- 50%voyages ships that start outside eu have to be part of the ets, allowances, 50% emmissions.
-road and buildings were included. 

If fall under ets you cant sell in ETS 2. THESE are diffrent types of activities, prices etc.

Why is argiculture ets talked about

They make up a lot of emission, they use fertizilers this is calld upstream because you cal only buy from some of them.

Which permit is used by ets?

GHG permit, you only get it if you hand over your emission. Art.4 directive 2003/87.

With permit yyou can work as an industry issued by national authoryt. All states have eua's

they have to get two permits in the directive and ets.

most allowances issued for free

Carbon killer intitiatives

Importn on products outside of the eu .no emuission cap there so they tax it.  They use the ets price.

What are other phase 4 changes

-Carbon leakage, avoid misuse
- Auctioning revenuw to
* modernisation fund
*innovation fund
* social climate fund  

there goes the money to.

Complaince diffrent market mechanism and normal environmental pollution policy

You klet the market do the job, and regulate less
But you have to know how much co2 is emissioned and that allowances are obtained in legal way.  it is all paperwork.,

What is mrv where complaince ets is based on

MRV means monitoring reporting verification

Monitioring by the industry, all kinds of rules, you need mnitoring plan
Reporting by operator ( in emissions report, by operator themself)
Verification by independent verifiers.( checking if the emission report is ok.

What where the issues with complaice eu ets?

Many fraud took place, vat fraud. In many countries you can get a refund, they found a way to move them.

Eu has a lot of rules in place to prevent it, and also applies to the ets,

The proces is so difital that a lot of complaince checking is on that. Digital situation can be diffrent from the reality.   

- enforcement is not eu competence, countries are resposnibe for this.

Directive eu ets has penality art.16

Goes against that enforcement is not part of the eu. Ms can impose this penality.
duty to surrender missing allowances nect year
- names operators are published, very populair in 90's naming and shaming.
- suspension of trading, big impact companies.
- criminal sanctions fraud, money laudeiring
- airlines can get operating ban.

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