EU climate law Flashcards
1
Q
What were the key developments in EU climate policy prior to the adoption of the Kyoto Protocol?
A
- starting in the 80s, the European Parliament and the commission recognized the global nature of the greenhouse effect needed int. action
- the commission emphasized the importance of European climate action, including alternatives to fossil fuels, research programs, adaptation measures, and cooperation with developing countries
- the council urged the commission to reevaluate existing Union policies that could harm the climate and encouraged member states to take urgent action to increase energy savings and promote energy efficiency
- however, the first attempt to implement comprehensive legislation to combat the greenhouse effect, including a carbon tax, failed to gain unanimous support in the Council
- the EU did achieve some success with directives aimed at improving energy efficiency standards for certain consumer goods
- despite these initial efforts, greenhouse gas emissions continued to rise in the EU
2
Q
What were the 20-20-20 targets set by the EU for 2020, and why were they important?
A
- 20% reduction in GHG emissions, 20% increase in the share of RES (renewable energy) in the energy mix, and 20% increase in energy efficiency
- they were important because they go beyond mere reduciton of GHG emissions, and shows how the EU is a forerunner when it comes to shift to a low-carbon economy and ensuring energy supply security
3
Q
How does the european green deal relate to the Paris agreement? And what are the main goals?
A
- It is the EU’s way of reaching the commitments set out by the Paris agreement: a package of policy initiatives, put forward by the commission in 2019
- as part of the green deal, the commission proposed the first european climate law to enshrine the 2050 climate-neutrality target into law
- NDCs: the domestic reduction of at least 55% of GHG emissions by 2030 compared to 1990 is the EU’s NDCs (also the member states)
- goals (fitfor55): climate-neutral by 2050 (making it the first climate-neutral continent), reducing GHG emissions by at least 55% by 2030 compaired to 1990 levels (was strengthened from 40% in 2020), climate resilient society by 2050
4
Q
How does the EU implement the target of 55% reduction of GHG emissions compaired to 1990 levels?
A
- EU ETS directive
- effort sharing regulation (member states’ emissions reduction targets)
- land use, land use change and forestry regulation (LULUCF)
- +++
- all of the above contribute with reducing emissions and increasing carbon removals and they have been recently updated with the view to implement the 55% net GHG emissions reduction target (part of fitfor55 revisions)
5
Q
What is the legal foundation for EU’s climate action?
A
- TEU art. 3 (3) and (5)
- TFEU art. 192: legal basis for EU environmental policy
- TFEU art. 194: legal basis for EU energy policy
- also, TFEU art. 4: shared competence, the EU can legislate and choose what is open for the member state to decide
6
Q
What is the european climate law? And what are some of its key elements?
A
- its making it legally binding to ahieve the target of net zero GHG emissions by 2050, the EU institutions and the member states are bound to take necessary action to meet the target
- key elements: 55% GHG emission reduction by 2030 compared to 1990 levels, the need to enhance the EU’s carbon sinks through more ambitious LULUCF regulation, negaitve emissions after 2050, stronger provisions on adaptation to climate change
7
Q
What are the main actions included in the european climate law?
A
- mapping out the pace of emission reduction until 2050 to give predictability to businesses, stakeholders and citizens
- developing a system to monitor and report on the progress made towards the goal
- ensuring a cost-efficient and socially-fair green transition
8
Q
What is the EU effort sharing regulation? And how does it work?
A
- establishes for each member state a national target for the reduction of GHG emissions by 2030 (member sates’ reduction targets) in the following sectors: domestic transport (not aviation), buildings, agriculture, small industry and waste (covering sectors not included in the EU ETS and LULUCF)
- recognizes the different capacities of member states by differenciating targets according to gross domestic product (GDP) per capita across member states
- covers around 60% of total EU emissions
- the regulation translates EU’s GHG emission reduction pledge in the NDC into binding annual GHG emission targets for each member state for the period 2021-30, based on principles of fairness, cost-effectiveness and environmental integrity
- also defines annual emission limits for the year 2021-30 (= units), the number decreased every year
- allows for nine member states the choice to use a limited amount of ETS allowances for offsetting emissions in the effort sharing sectors
9
Q
How is enforcement and compliance regulated in the effort sharing regulation?
A
- member states are required to report annually (on how they are gonna reach their target, show how they are doing)
- if they are not on track, they will have to mane an appropriate action plan
- a more formal compliance check every 5 years, aligned with 5 year review cycle of the Paris agreement
- if a member state still does not meet its annual obligation in any year, taking into account the use of flexibilities, the shortfall is multiplied by a factor of 1.08 and this penalty is added to the following year’s obligation
- a second enforcement option could be the infridgement procedure under TFEU art. 258 (case for the CJEU)
10
Q
What is the LULUCF regulation? And what does the member state need to do?
A
- regulation that sets out how the land use sector contributes to the EU’s climate goals
- in 2021-30 the member states have to ensure that accounted GHG emissions from LULUCF are balanced by at least an equivalent accounted removal of CO2 from the atmosphere
- flexibilitied: overarchievement under the LULUCF regulation can be used to achieve targets under the effort sharing regulation (inter-pillar flexibility)
11
Q
What is the governence regulation?
A
- helps the EU reach its 2030 climate and energy targets, by setting common rules for planning, reporting and monitoring
- also ensures that EU planning and reporting are synchronised with the ambition cycles under the Paris agreement
12
Q
What is the EU ETS?
A
- a form of market-based mechanism
- creating an emissions trading system
- a cap and trade mechanism: cap by setting x amounts of allowances in the market (setting a limit and creates scarcity in the market) and trade by them being tradable
- and every year the cap is set (aka. how many allowances are in the market) and they decrease every year
- one allowance = one tonne of carbon dioxide equivalant
- developing a carbon market: trading and price control
- essencially makes it allowed to pollute by having an allowance, and that the polluter has to pay for it
13
Q
How does the EU ETS contribute to the EU emission reduction target?
A
- it covers around 40% of EU/EEA emissions (excl. LULUCF)
- sectors covered by the EU ETS collectively must reduce their emissions by 62% compaited to 2005 levels by 2030
- emission within individual member states can however be higher
- the EU ETS creates emission reduction obligations for companies, not member states (compair to the effort sharing system)
14
Q
How has the EU ETS’ scope broadened?
A
- from mainly including energy activities, mineral industry, pulp and paper production (from the beginning/2005)
- including aviation within the EU territory in 2008
- expanding: gonna extend to maritime transport and self-standing emissions trading system for buildings and road transport
- overall, its been a step-by-step process
15
Q
How is the allocation of emission allowances in the EU ETS done?
A
- free allocation (2008-12), the initial method used: allocation to stationary installations
- free allocation decided by each member state according to its own situations, but subject to certain criteria - national allocation plans
- most allowances (at leat 90%) allocated free of charge, usually based on ‘grandfathering principle’ (making it allowed to do as before the regulation came to light)
- problem of over-allocation
- in 2013-20 and 2021-30: centralised allocation
- free allocation based on harmonized sectoral benchmarks defined by the EU commission
- member states no longer decide how many allowances are allocated to each operator
- auctioning will gradually be the basic principle of allocation
- the energy sector recieves no free allowances (some exceptions)
- some industrial sectors which are exposed to a carbon leakage however will recieve free allowances to certain extent: sett to change after adoptation of the CBAM regulation
