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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 the Union’s primary policy tool for driving down carbon emissions. In its Electrification Action Plan released late last week, the EU Commission announced a review of the ETS. This review is designed to address competitiveness concerns and scales back some ETS targets. The press release states:

“The review will bring relief to industry, while preserving the essential role of the ETS in the climate and energy transition, in line with the EU Climate Law. It updates the Linear Reduction Factor (LRF) of 3.7% for 2031-2035 and 1.7% for 2036-2040, making the trajectory more gradual and aligned with domestic climate ambition level.  Up to 2% high-quality international credits will allow to finance decarbonisation projects abroad and provide breathing space in 2036-2040 when the emission reduction in Europe will become more challenging.”

Environmental groups are not happy with the proposed changes, particularly the extension of free allocations for emitters. The World Wildlife Fund writes in a statement:

“Among the proposed changes are measures that would allow certain industries to continue receiving free pollution permits, often referred to as “freebies”, for longer, while slowing the pace at which emissions fall under the system. Yet evidence has consistently shown that free allowances delay industrial transformation by reducing the incentive to invest in cleaner production methods. Despite this, the Commission has proposed extending free allocations until 2040″

While the ETS review is ruffling feathers, other parts of the Electrification Action Plan have been better received. Among these, the Commission is proposing incentives for the EU economy similar to those under the Biden administration’s Inflation Reduction Act. These subsidies aim to increase uptake of electric vehicles and appliances among EU consumers.

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