On 3 May, the Bundestag Committee on the Environment will hold a public hearing on the ordinance on measures to avoid carbon leakage due to the trading of fuel emissions at national level. BBH partner Prof. Dr. Ines Zenke is among the invited experts.
The Federal Government launched its draft of the long-awaited BEHG-Carbon Leakage Ordinance (BEHG-Carbon-Leakage-Verordnung – BECV) on 31/03/2021. This ordinance is to prevent businesses operating in particularly fuel-intensive industries from having to transfer production to other countries with lower CO2 costs or even cease production so as to avoid costs in the context of the Fuel Emissions Trading Act (Brennstoffemissionshandelsgesetz – BEHG). The companies particularly affected by this risk of carbon leakage are to receive financial compensation. In return, the amount of compensation received is to be invested primarily in a climate-friendly manner.
The particulars of the ordinance that still need to be discussed include the amount of compensation as well as the specific eligibility criteria for companies. In principle, the ordinance is based on the regulations governing the EU Emissions Trading Scheme (EU ETS), but deviates from them in regard to crucial points, which leads to the participants in the trading of fuel emissions at national level being placed in a noticeably less favourable situation than those participating in the EU ETS.
“It is vital to finally provide the approx. 1,500 affected companies with clarity so that they are able to plan the costs for 2021” says Prof. Dr. Ines Zenke, who will bring to bear her expertise in the Bundestag Committee on the Environment on 3 May.
Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.
Contact:
Prof. Dr. Ines Zenke
Rechtsanwältin/Lawyer, Partner
Phone +49 (0)30 611 28 40 - 179
ines.zenke@bbh-online.de
Visit Becker Büttner Held online at www.die-bbh-gruppe.de, www.bbh-blog.dewww.bbh-blog.de or twitter.com/BBH_online.