PDF Publication Title:
Text from PDF Page: 029
NORTH EAST LAW REVIEW 181 accords full allocation to the best performers in a given sector. While this phrasing does not allow the Commission to design allocation methods that are completely arbitrary, it does concede a wide margin of appreciation. The chosen allocation method might be in excess of that margin if the rules cause a distortion of the respective markets (see below), but the mere deviation from the ‘starting point’ does not constitute an infringement on its own. 5.1.6 Conclusion on Allocation Deficit The approach chosen to allocate allowances to installations generating waste heat electricity is a stopgap compensating for the failure of the ETS-Directive to take account of waste heat recovery, and for the failure of the Benchmarking Decision to address the problem more directly. Although it encourages energy recovery by re- interpreting occurring emissions as type (c) emissions, high efficiency would theoretically require an adjustment of correction factor ŋ and, that way, effectively penalise more efficient recovery. Full allocation, meanwhile, is impossible. The chosen approach incorporates a highly sophisticated technical formula, but as the values inserted are perfectly random, the formula—as applied to waste heat electricity—does not reflect due regulatory diligence, but is mere window-dressing. These problems do not indicate an excess of the Commission’s margin of appreciation conceded by Article 10a(2) ETS-Directive, nor an infringement of the exception made for waste gas electricity in Article 10a(1)(3) from the rule of no allocation for electricity. But they raise the question whether the end justifies the means, or if it fails to deliver a fair competition environment. This is subject matter of the next subsection. 5.2 Level Playing Field While the chosen allocation method might be arbitrary, it does not necessarily follow that the concerned industries are disadvantaged. However, the rules on free allocation for energy recovery are informed by, and hence to be interpreted in the light of, Recital (23) of the Directive, according to which they ‘should (...) avoid undue distortions of competition on the markets for electricity and heating’.139 Moreover, all European policy is subject to the requirement of promoting equal conditions of competition.140 Therefore, the following subsection will examine if the approach creates a level playing field between waste heat electricity and other market participants, namely providers of waste gas for heat generation and suppliers of renewable and conventional electricity. 5.2.1 Delivery of Heat From Industrial Processes 5.2.1.1 Different Allocation Approaches One problem might be that the use of off-gases for the production of heat (process heat or district heating) is privileged over the use for electricity production. A disparate 139 Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community [2009] OJ L140/63, rec (23). 140 Agreement on the European Economic Area [1994] OJ L1/3, art 1(1).PDF Image | ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEAT
PDF Search Title:
ELECTRICITY PRODUCTION FROM INDUSTRIAL WASTE HEATOriginal File Name Searched:
Dirk_Boehler.pdfDIY PDF Search: Google It | Yahoo | Bing
NFT (Non Fungible Token): Buy our tech, design, development or system NFT and become part of our tech NFT network... More Info
IT XR Project Redstone NFT Available for Sale: NFT for high tech turbine design with one part 3D printed counter-rotating energy turbine. Be part of the future with this NFT. Can be bought and sold but only one design NFT exists. Royalties go to the developer (Infinity) to keep enhancing design and applications... More Info
Infinity Turbine IT XR Project Redstone Design: NFT for sale... NFT for high tech turbine design with one part 3D printed counter-rotating energy turbine. Includes all rights to this turbine design, including license for Fluid Handling Block I and II for the turbine assembly and housing. The NFT includes the blueprints (cad/cam), revenue streams, and all future development of the IT XR Project Redstone... More Info
Infinity Turbine ROT Radial Outflow Turbine 24 Design and Worldwide Rights: NFT for sale... NFT for the ROT 24 energy turbine. Be part of the future with this NFT. This design can be bought and sold but only one design NFT exists. You may manufacture the unit, or get the revenues from its sale from Infinity Turbine. Royalties go to the developer (Infinity) to keep enhancing design and applications... More Info
Infinity Supercritical CO2 10 Liter Extractor Design and Worldwide Rights: The Infinity Supercritical 10L CO2 extractor is for botanical oil extraction, which is rich in terpenes and can produce shelf ready full spectrum oil. With over 5 years of development, this industry leader mature extractor machine has been sold since 2015 and is part of many profitable businesses. The process can also be used for electrowinning, e-waste recycling, and lithium battery recycling, gold mining electronic wastes, precious metals. CO2 can also be used in a reverse fuel cell with nafion to make a gas-to-liquids fuel, such as methanol, ethanol and butanol or ethylene. Supercritical CO2 has also been used for treating nafion to make it more effective catalyst. This NFT is for the purchase of worldwide rights which includes the design. More Info
NFT (Non Fungible Token): Buy our tech, design, development or system NFT and become part of our tech NFT network... More Info
Infinity Turbine Products: Special for this month, any plans are $10,000 for complete Cad/Cam blueprints. License is for one build. Try before you buy a production license. May pay by Bitcoin or other Crypto. Products Page... More Info
CONTACT TEL: 608-238-6001 Email: greg@infinityturbine.com (Standard Web Page)