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Carbon auctioning rules spark EU controversy

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Published 10 May 2010, updated 11 May 2010

The European Commission is coming under pressure to revise its draft regulation on emissions allowance auctioning, which would provide multiple auctioning platforms but not enough oversight, according to critics.

Debating optimal ways to organise auctions in Brussels last week (6 May), business and government experts attacked the EU executive's draft rules on organising the auctioning of emissions allowances in the EU's emissions trading scheme (EU ETS) for the third trading period, which starts in 2013.

Peter Zapfel, head of the policy coordination office at the Commission's climate action department, said the opt-out option was "a gesture to those member states who have reservations [about] a single platform".

This was understood to mean the UK and Germany, which have formed a blocking minority on centralised auctioning with the support of Spain and Poland. London and Berlin want to continue auctioning on their own platforms - the UK because of its large financial services industry and Germany because of the sheer size of its market - while Spain and Poland have no experience of auctioning.

The Commission's first draft showed that it was going to opt for a centralised auctioning plan (EurActiv 04/03/10), but the proposal sent to member states last month showed that the Commission was backing down from adopting a European approach. It gave member states the chance to opt out from the centralised platform and continue auctioning their allowances at national level until 2016.

France, supported by the majority of member states, believes that a centralised platform is the only way to ensure a single price on the market, said Diane Simiu from the French Environment Ministry.

She argued that member states that do not have enough allowances to auction do not want to pay for the "mistakes" of member states that opt out. She said France had sent to the Commission proposals on providing a more robust regulatory framework for auctioning.

"It is only under these conditions that we will consider the opt-out acceptable," Simiu stressed.

But a UK government representative retorted that the concerns raised are common to the EU platform as well.

"I think there's been an assumption here that the central platform will be faultless," he said. "We have no guarantee of that," he warned, pointing out that it would not make sense to throw out "two completely functioning platforms" in Germany and the UK under such circumstances.

"We need to create the common rules" to ensure that there are no distortions, the UK official stressed.

Indeed, much of the criticism of multiple platforms centred on the lack of rules and market oversight in the current proposal. Fingers were pointed at the Commission for not providing supervision between the platforms, nor a mechanism to sanction platforms that do not function properly.

The common rules include a common definition of access to the platform and ensuring that auctions do not overlap, as this could reduce liquidity on the market and impact on prices. The Commission is keen to have a coordinated auctioning calendar.

Risking oversupply or market certainty?

The industry is hurrying the Commission to put on the table a clear calendar of when auctions will start and what the final volumes will be, arguing that delaying decisions will create uncertainty on the market.

Electricity generators, in particular, want to ensure that a hefty proportion of allowances are auctioned early to help them hedge their forward power contracts.

But market analysts cautioned that the EU executive needs to carry out a diligent balancing act on how many can be put on the market before 2013 to avoid oversupply, which has rigged the market in earlier phases.

"There is a crisis of confidence," argued Imtiaz Ahmad, executive director of Morgan Stanley, stressing that phase three offers a chance to correct past mistakes. 

Positions: 

The International Emissions Trading Association (IETA) stressed the importance of having a single auctioning process rather than the number of platforms. It noted that many European countries have run auctions successfully on different platforms so far, although with much lower volumes auctioned than will be the case in 2013.

"If you're able to impose a common framework of rules, this should also work when you have a much higher volume of auctions," said Simone Ruiz, IETA European policy director.

"But you have to acknowledge that these rules have to be somehow enforced, and I don't see in the auctioning regulation anything that gives the Commission the sanctioning power in case the opt-out platform does not respect the common rules," she added, arguing that the opt-out is "too lax".

Eurelectric, the European electricity industry association, argued that the Commission's draft auctioning regulation proposal creates uncertainties by providing for multiple auction platforms but failing to deliver the necessary level of harmonisation of rules and procedures.

The industry has been lobbying for early auctioning of permits from 2011 to allow utilities to hedge their forward power sales. Eurelectric therefore called on the Commission to "define a firm date by which early auctioning will take place, with calendar, volumes and modalities definitively specified" and to "require all member states to undertake early auctions within this framework and time frame".

Next steps: 
  • By 30 June 2010: Commission to adopt Auctioning Regulation.
  • 2011: Early auctioning planned to start.
Background: 

The EU emissions trading scheme (EU ETS) began on 1 January 2005. It was set up to help achieve the EU's Kyoto goal of cutting greenhouse gases by 8% by 2012, by imposing caps on emissions from energy-intensive industries such as steel, cement and power generation.

The EU ETS allows the EU member states to distribute CO2 emissions quotas among permitted industries, which can trade 'pollution permit' surpluses and make a profit from investing in clean technologies.

The revised directive, adopted as part of the energy-climate legislative package in December 2008, plans to move from free allocation to full auctioning for electricity companies in 2013.

By 30 June 2010, the Commission is to adopt a regulation detailing the rules for auctions after 2013. It sent its proposed Auctioning Regulation to member states on 6 April, proposing the creation of a centralised auctioning platform but giving states the chance to continue with national platforms until 2016 (EurActiv 08/04/10).

The key questions in the auctioning regulation concern the number of auctioning platforms to be set up, the number of allowances put on the market before 2013 and safeguards to protect the market against misuse by governments and criminal activities.

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