6.11.2008
News

Amendment to Act on Greenhouse Gas Emission Allowance Trading

The amendment (effective since 1 September 2008) responds primarily to the objections raised by the European Commission and abolishes the allowance guarantees for new facility operators or other operators whose facilities changed in terms of use, manner of operation or capacity as a result of major investment.

According to the European Commission, the provisions of Section 8(6) and (7) of the Act – guaranteeing the full right to receive allowances for two subsequent trading terms to preselected groups of operators – could be deemed to constitute state aid incompatible with the public market.

The amendment also deals with the current application troubles. The Act provides the Ministry of the Environment with permanent authorization to allocate the allowances or, if applicable, regulate the allocated amount if several facilities merge or a single facility demerges. So far, such authorization was contemplated to apply only to the first trading term, but not permanently.

The amendment further introduced provisions on termination of the allowances since the provisions resulted hitherto in practical problems with dismissing operators who failed to comply with the criteria for being enrolled in the scheme and closing their deposit accounts with the register.

The amendment newly introduced assigned amount units (AAUs) that represent the difference between the Czech Republic’s obligation under the Kyoto Protocol and the actual emission reduction as compared to 1990. The Ministry of the Environment may sell these credits both to other countries participating in the scheme of international emission trading and to private corporations in auctions. The funds raised may only be used to support projects for reduction of greenhouse gas emissions.

Other articles

13.10.2025
News

Contract Competition 2025

KŠB ve spolupráci s největší nezávislou asociací studentů práv na světě ELSA vyhlašuje již 14. ročník soutěže CONTRACT COMPETITION. Soutěž studentům práv nabízí jedinečný pohled do světa transakčního práva pod vedením advokátů přední české advokátní kanceláře.
12.10.2025
Financial services

KŠB assisted the J&T Group with the approval of a base prospectus for a CZK 3 billion bond programme

The KŠB team (Martin Krejčí, Vlastimil Pihera, Josef Kříž) provided legal advice to the J&T Group in connection with the approval of the base prospectus for its bond programme. This marks a continuation of KŠB’s long-term advisory role in the group’s financing activities.
9.10.2025
Financial services

KŠB assisted in financing the iconic Alchymist Grand Hotel and Spa

KŠB has been providing long-term legal advice to J&T Bank in connection with debt financing for Czech entrepreneurs. One of the most recent transactions involved granting a loan to the Alchymist Grand Hotel and Spa, one of Prague’s most renowned boutique hotels, owned by Giorgio Bonelli, a prominent figure in the Italian business community in the Czech Republic.