UK launches court case over EU emissions allowances

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By Brian Johnson
- 11th March 2005

The UK has announced that it will begin legal proceedings against the European Commission over the right to introduce revised emission trading allowances for British industry.

The UK’s Department for Trade and Industry, announced on Friday that it was launching the legal proceedings, at the Court of First Instance, to force the European Commission to look again at its revised allocation.

The UK set a provisional total in its National Allocation Plan (NAP) of 736 million tonnes of CO2 allowances in April 2004, with the caveat that this figure could be subject to change.

After reviewing the UK installations that would be covered by the EU’s emissions trading scheme, London revised their NAP, to a less stringent 756 million tonnes, and submitted the amended total to Brussels in November 2004.

But the European Commission have refused to make a decision on the amended NAP, arguing that it was not legally possible to make a decision to increase the original allowances.

The UK also announced on Friday that it would start issuing emissions trading allowances to UK operators as soon as possible under the original NAP allowance to allow to UK industry to begin participating in the scheme.

Brussels environment chief, Stavros Dimas welcomed the announcement on issuing allowances, but refrained from commenting on the court action.

But a commission spokesperson said that Brussels was satisfied with the commission’s position.

“We are confident that the legal challenge won’t stand up in court,” said the spokesperson.

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