• Good to see what has allready been achieved. Better to know what still needs to be done.
  • Precision, perfect timing and an eyefor what matters.
  • Doing the right thing at the right time.That's what seperates the best from the rest.
  • Achieving your goalswith a reliable partnerby your side.

Climate Protection and Emission Trading

Climate protection is an issue that greatly influences the development of environmental law in Germany. This is particularly true for the European emissions trading system, which was changed in many respects in light of the upcoming third trading period. Some of these changes have a significant impact on the operation of installations and call the profitability of certain industrial installations more and more into question. Our experts advise affected companies on the following climate protection issues:

General climate protection

  • International climate protection projects
  • Climate protection measures within the context of urban development

Emissions trading

  • Advising on how to transpose European directives into German law (e.g. German Greenhouse Gas Emission Allowance Trading Act, German Greenhouse Gas Emission Allowance Allocation Act, German Greenhouse Gas Emission Allowance Allocation Ordinance)
  • Inclusion of further industries (e.g. aviation and shipping) and of additional installations
  • Assessing new allocation methods
  • Obligation to participate in emissions trading

- Clarifying whether an obligation to participate in emissions trading exists, determining the relevant type of installation
- Strategic handling of threshold values
- Exemption of installations from emissions trading
- De minimis installations and unitary installations
- Permit procedure

  • Obtaining allowances

- Performing preparatory work for the application and compiling supporting documents, determining the correct underlying data (e.g. biomass, third-party data) and the emission value per unit of product (benchmark)
- Issuing statements in the allocation procedure and reviewing the allocation notices
- Advising on the allocation of allowances upon increases in capacity and on securing allowances upon closure of an installation
- Appeals and actions

  • Monitoring and Reporting

- Clarifying special issues (tier concept, accuracies, methods of analysis, biomass)
- Reviewing monitoring concepts and representing our clients in permit procedures in this regard
- Carrying out a preliminary review of emission reports and verification checks, clarifying reporting duties after a change in the operator

  • Submission of allowances

- Determining the right strategy for submission to avoid sanction procedures (risk analysis)
- Determining the capability of certificates to be submitted and clarifying the obligation to submit allowances after a change in the operator

  • Representation in sanction procedures (hearings, appeals and actions)
  • Certificate management

- International allowance trading; assisting with international reduction projects (joint implementation (JI) and clean development mechanism (CDM))
- Contracts regarding the purchase and sale of allowances (SWAPs/re-SWAPs)
- Emissions trading fee law, public subsidy and state aid issues

Contact

Dr. Stefan Kobes, Partner
Phone +49 30 52133 0
stefan.kobes@luther-lawfirm.com