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TheCorporateCounsel

TheCorporateCounsel.net

A basis for research and practical guidance focusing on federal securities laws, compliance & corporate governance.

DealLawyers

DealLawyers.com

An educational service that provides practical guidance on legal issues involving public and private mergers & acquisitions, joint ventures, private equity – and much more.

CompensationStandards

CompensationStandards.com

The “one stop” resource for information about responsible executive compensation practices & disclosure.

Section16.net

Section16.net

Widely recognized as the premier online research platform providing practical guidance on issues involving Section 16 of the Securities Exchange Act of 1934 and all of its related rules.

PracticalESG

PracticalESG.com

Keeping you in-the-know on environmental, social and governance developments

The EU’s Emissions Trading System (ETS) is at an inflection point. EU carbon markets have been volatile this year as they are closely tied to highly volatile energy markets. The associated costs and economic disruptions are putting pressure on the EU government to provide relief to industry. While some are calling for deep cuts and revisions to the ETS, the EU Commission is starting with a smaller adjustment. The ETS contains a Market Stability Reserve (MSR). This allows the government to maintain a reserve of emissions allowances that can be injected into the market to provide more supply when demand is especially high. Normally, excess allowances over 400 million are invalidated. However, under the Commission’s proposed amendments, these would be retained, giving the government more leeway in stabilizing carbon markets. The Commission states in a press release:

“The Commission has proposed an amendment to the Market Stability Reserve Decision to strengthen the instrument that ensures a stable, well-functioning carbon market. Under the current system, all allowances in the reserve above 400 million are invalidated. The proposed amendment will stop the invalidation mechanism, allowing these allowances to be kept as a buffer that can support market stability. The MSR reduces the supply of allowances to the market when there are too many in circulation and injects allowances when there is market scarcity.”

While the amendment is a welcome change for many, it is seen by some as the first step in the erosion of the ETS. The ETS is at the center of the EU’s decarbonization policy. Ultimately, the goal of such a market-driven framework is to make operations more expensive for heavy emitters, incentivizing decarbonization. If the EU folds when economic pressures begin to build, then it effectively punishes those who invested in lower carbon technologies while rewarding those who failed to act. For now, the MSR amendments are unlikely to fundamentally alter the ETS’s function and purpose. Time will tell if it paves the way for further amendments and reworks that may.

Our members can learn more about carbon management policies here.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the PracticalESG.com editorial team by providing research and creating content on a spectrum of ESG… View Profile