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The Carbon Reduction Commitment

MAY 2009

The Carbon Reduction Commitment (“CRC”) is a new compulsory emissions trading scheme for:

  • large non-energy intensive businesses (e.g. major retailers, hotel chains and supermarkets) and
  • public sector organisations in UK

In keeping with prevailing concerns about climate change, the CRC is designed to reduce energy consumption. It is expected to come in to operation in April 2010. In the business sector, it will apply to businesses whose mandatory half-hourly metered electricity consumption is greater than 6,000 mega-watt hours a year (roughly an annual electricity bill of £500,000). Parent companies of businesses caught by the CRC must register with the scheme, even if they are based overseas. In buildings that are let, it is the counterparty to the energy supply agreement that will be responsible for participating in the CRC.

The CRC will not apply to emissions already covered by EU Emissions Trading Scheme or climate change agreements, nor will it apply to transport emissions. The Government will set a cap on the total amount of carbon dioxide that relevant organisations/businesses can emit in any one year. Allowances will then be auctioned (initially sold at £12 per tonne), and the relevant organisations or businesses will have to show that they have sufficient number of allowances to cover the carbon dioxide they emit. In the first year, the number of allowances an organisation receives will depend on early action - essentially it will be a case of first come first served!

In due course an annual league table will be prepared showing how relevant organisations and businesses have performed under the scheme. Again, early action will be a large factor in the position achieved on the table in the first year. The British Council of Shopping Centres, the British Property Federation and the British Retail Consortium have published guidance on the subject and have started an awareness campaign. They have warned that those who do not implement strategies to manage emissions could face significant financial and reputational consequences. This is a nettle that needs to be grasped sooner rather than later in order to prevent adverse commercial consequences.

 

If you would like further information on the content of this newsletter please contact James Daglish on 0207 404 0606 or jdaglish@gdlaw.co.uk.

This is a guide for general information and interest and should not be relied upon as providing specific legal advice.


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