Voorbeelden van het gebruik van Expost adjustments in het Engels en hun vertalingen in het Nederlands
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The mere fact that expost adjustments are liable to deter operators.
accordingly requires application of expost adjustments.
It follows that expost adjustments run counter to the spirit
In recital 4 of the contested decision, the Commission states, essentially, that the expost adjustments relating to the amount of allowances allocated to new entrants are.
certainty in respect of investments made for this purpose is affected by the expost adjustments, quite the reverse.
even identical, expost adjustments and the lack of an assessment by the Commission as to whether any difference in treatment might be objectively justified.
their transfer free of charge to the authorities entrusted with the reserve's management confirms that feeding the reserve by means of expost adjustments is not necessary.
At first sight the Commission appears to find in Article 1 of the contested decision that all the expost adjustments listed in that article are contrary to criterion 10 of Annex III to Directive 2003/87.
The Commission takes the view that expost adjustments, even if made in accordance with pre-established rules,
This failure to state reasons concerns in particular the ground of the contested decision according to which new entrants are in a favourable position distinct from that of the other operators as regards application of the expost adjustments, the lack of a comparison in the contested decision of the situation of new entrants with that of operators.
In this connection, it makes no difference whether the expost adjustments are linked to the emission rate or to production volume because,
the written procedure before the Court, sufficient evidence or arguments to call into question the legality of the expost adjustments at issue in light of the objective of preserving the integrity of the internal market.
Consequently, contrary to the Commission's assertions, the expost adjustments at issue are not contrary to the objective of reducing emissions by means of investment in more energy-efficient technologies within the meaning of recital 20 in the preamble to Directive 2003/87.
in recital 4 of that decision it is found, manifestly erroneously, on the basis of criterion 5 of Annex III to Directive 2003/87 that the expost adjustments unduly favour new entrants compared to the operators of other installations.
In the applicant's submission, the wording of criterion 10 of Annex III to Directive 2003/87 does not prevent expost adjustments from being made where it becomes apparent that certain allocations are based on erroneous assessments by the operator.
In the applicant's view, all the expost adjustments under the German NAP satisfy those requirements of objectivity
determine whether the Commission correctly applied the principle of equal treatment to a given case concerning the application of expost adjustments, it is appropriate to begin by considering whether it duly verified whether
By linking expost adjustments to production volume, an element of uncertainty is introduced into the economic calculation
relating to criterion 5, the Commission submits that expost adjustments affect the incentive for operators to be have in accordance with the objectives of Directive 2003/87
Apart from the fact that if expost adjustments are possible the parties concerned will tend to display less diligence in developing the NAP,
in recital 4 of the contested decision, that the expost adjustments applicable to new entrants are contrary to criterion 5 in that they are liable to favour new entrants compared to other operators, who are not subject to the expost adjustment rules, are neither factually substantiated
The fact that application of the expost adjustments is linked to differences recorded between actual production and predicted production,
It follows that the Commission has not demonstrated that the deterrent effect of expost adjustments linked to falls in production volume is contrary to the objective of maintaining costeffective and economically efficient conditions
So far as concerns the Commission's argument that the expost adjustments are not necessary
Finally, the applicant contests the Commission's argument that the possibility of making expost adjustments is liable to reduce the precision of,
It considers that the possibility of making downward expost adjustments may give rise to unjustified preferential treatment of new entrants in that they are liable to obtain at the outset a higher quantity of allowances than the quantity which they could have hoped for had such a possibility not existed, placing other operators, whose initial allocation is not accompanied by this inherent possibility of correction, at a disadvantage.
It is expedient to begin by examining the legality of the contested decision insofar as it relates to the permissibility of certain expost adjustments in the light of criterion 10 of Annex III to Directive 2003/87,
It is to be noted that, like the explanation given for the expost adjustments applicable to new entrants,
In recital 4 of the contested decision, the Commission states that the expost adjustments applicable to new entrants are contrary to criterion 5 of Annex III to Directive 2003/87,
Also, the contention that the incentive for new entrants to overestimate is greater where there is a possibility of expost adjustment than in the absence of such a.