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1 Eur. J. Risk Reg. 86 (2010)
Member States Have a Wide Margin of Appreciation When Drawing National Action Plans in Environmental Protection

handle is hein.journals/ejrr1 and id is 92 raw text is: 86 | Case Notes EJRR 112010 Case Notes Member States Have a Wide Margin of Appreciation When Drawing National Action Plans in Environmental Protection Vihar Georgiev* Case T-2631/7 Republic of Estonia v. Commission' Case T-183/07 Republic of Poland v. Commission2 The Commission's task is to verify the legality of the national allocation plan while re- specting the margin for manoeuvre granted to the Member State in the implementa- tion of Directive 2003/87/EC** in the context of the drawing up of that plan. Within this margin of manoeuvre Member States also have the right to choose the data and its method of evaluation (author's headnote). I. Facts The Kyoto Protocol3 to the United Nations Frame- work Convention on Climate Change4 stipulated the reduction of the aggregate anthropogenic emissions of greenhouse gases listed in Annex A to the Pro- tocol by 8 % compared to 1990 levels in the period 2008 to 2012 for the then Member States of the Eu- ropean Community. The Kyoto Protocol entered into force on 16 February 2005. The Community and its Member States agreed to fulfil their commitments under the Kyoto Protocol jointly, in accordance with Decision 2002/358/EC. In order to achieve that, Directive 2003/87/EC was * Sofia University St. Kliment Ohridski. 1 OJ 2009 C 267/59. 2 OJ 2009 C 267/58. ** Editorial Hint: Article 10 and Annex Ill, Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, OJ 2003 L 275/32. 3 Approved by Council Decision 2002/358/CE concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfillment of commitments there- under, OJ 2002 L130 /1. adopted5, aiming for an efficient European market in greenhouse gas emission allowances, with the least possible diminution of economic development and employment. Directive 2003/87/EC in its version after 20047 requires that each Member State should develop a national allocation plan (NAP) stating the total quan- tity of allowances that it intends to allocate for that period and how it proposes to allocate them. The Commission has the right to reject a national allocation plan within three months of notification by the relevant Member State on the basis that it is incompatible with the criteria listed in Annex III or 9 with Article io of the directive 4 Approved on behalf of the Community by Council Decision 94/69/EC of 15 December 1993 concerning the conclusion of the United Nations Framework Convention on Climate Change, OJ 1994 L 33/11. 5 Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, OJ 2003 L 275/32. 6 Directive 2003/87/EC, supra note 3, at calling 5. 7 See Directive 2004/101/EC, OJ 2004 L 338/18. 8 Directive 2003/87/EC, supra note 5, Article 9, para. 1. 9 Directive 2003/87/EC, supra note 5, Article 9, para. 3.

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