Estonia Won CO2 Quota Dispute Against European Commission in European Court of First Instance
24.09.2009
On Wednesday, 23 September, the European Court of First Instance ruled in Estonia’s favour to cancel the decision of the European Commission according to which the Commission reduced Estonia’s CO2 emissions quota for the period 2008-2012 by 47.8%.
Foreign Minister Urmas Paet stated that Estonia is satisfied with the decision of the European Court of First Instance. “Estonia actively participates in protecting its interests in the European Union, and this was a normal process in the decision-making model of the Union,” he added.
Estonia issued a claim against the European Commission because it felt the Commission made significant errors and surpassed its jurisdiction in approving the decision. The court agreed with Estonia’s position and found that the Commission did not have the right to replace Estonia’s data with its own data in the evaluation of the distribution plan. Among other things, the Commission’s data did not sufficiently take into account Estonia’s energy policy and was not based upon the correct GDP growth prediction. The court also ruled that the principle of fair administration had been violated.
Foreign Minister Paet stated that the environmental political decision to gradually reduce greenhouse gas emission is upon all EU member states and emphasised the necessity to reach an ambitious climate agreement that includes all the countries in Copenhagen. “We have already fulfilled the obligation we accepted with the Kyoto Protocol to reduce greenhouse gas emissions by 8% compared to 1990 levels,” Paet noted.
According to the national Estonian greenhouse gas inventory, in 1990 Estonian greenhouse gas emissions totalled 42 million tons, and in 2007 the total was 22 million tons. This reveals that Estonia, compared with other member states, has succeeded in making one of the greatest reductions in greenhouse gas emissions compared to 1990, more precisely by 47.5%.
The Commission may issue an appeal of the decision of the European Court of First Instance to the European Court of Justice within two months.
Estonia’s representation in the European Court of First Instance is organised by the Foreign Ministry and Estonia was represented by the director of the office for the European Court of Justice Lembit Uibo.
The Europe Union member states were responsible for preparing and presenting for the Commission’s approval an emissions quota distribution plan for the period 2008-2012, in which the trade system for greenhouse gas emissions would be set up for the emissions of participating businesses.
