Eurocommissaris Dimas (milieu) reageert op uitspraak EU Hof over Co2-emmissierechten (en)

IP/09/1355

Brussels, 24 September 2009

Emission Trading System: Statement by Commissioner Stavros Dimas on the Court rulings relating to the Commission Decisions on the Estonian and Polish National Allocation Plans for 2008-2012

The EU ETS is of central importance for combating climate change. The Commission is fully committed to ensuring the integrity, predictability and stability of the system. Fundamental changes were agreed last December to the cap-setting process from 2013, guaranteeing a healthy development of the European carbon market.

We are currently examining the Court rulings on the Estonian and Polish NAPs in depth and are considering whether to appeal.

The Court rulings, which relate to the second phase of the system under the current 2003 legal framework, imply that the Commission has to take new NAP Decisions in respect of Poland and Estonia. The originally notified national allocation plans cannot therefore be deemed to be accepted as a result of today's judgements. Consequentially and ahead of these decisions, those countries are not allowed to issue any additional allowances beyond those created in the EU ETS registry system.

In preparing new decisions the Commission would base itself on the best available data. In this context the importance of verified emissions for 2005 to 2008 should be noted. In the light of these data, it would appear unlikely that there would be any material difference concerning the total number of allowances consistent with the terms of the Directive. The actual 2008 emissions in Estonia and Poland correspond closely to those anticipated in the Commission Decisions on the Estonian and Polish NAPs and are therefore consistent with the assessments made by the Commission.