|Transitional free allocation of allowance to the power sector|
March 2010 | Read the briefing
Article 10c of the ETS Directive 2003/87/CE as amended by Directive 2009/29/EC establishes a system for free allocation of allowances to the power sector on the basis of an authorisation by the Commission which should guarantee compliance with the conditions laid down in the Directive. This article was included in the package of elements of the final compromise for the adoption of the Directive. As with any provision subject to compromises, its wording is unclear.
In this document ClientEarth responds to a request to provide a legal assessment of the conditions required by the ETS Directive of Member States and installations in order to be able to benefit from free allowances.