planning and environmental law update


Carbon Reduction Commitment


The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) - formerly the Carbon Reduction Commitment - is the first mandatory emissions trading scheme and is due to begin in April 2010. The Government aims to reduce carbon emissions in the UK by 60% compared to 1990 levels and to increase energy efficiency. The scheme is designed to act as a financial incentive to reduce carbon emissions, with organisations buying allowances equal to their annual emissions.

The CRC will be compulsory for organisations, public and private, whose electricity consumption in 2008 exceeded 6,000MWh on half hourly metering (equates to an annual bill of approximately £500,000). The scheme affects organisations as a whole - the parent company will be the CRC participant for its group. However, following recent amendments, subsidiaries that are large enough to qualify in their own right may opt to do so separately from their organising group. State funded schools will be covered by the CRC, however, they will be included as part of the local authority and not as individual organisations.

Under the CRC, there are penalties for exceeding the carbon allowance, but there are also bonuses for the best performing organisations. There will also be penalties for failing to register by September 2010, which will increase for each day the company fails to register.

The sale of allowances will begin in April 2011; these will be for the following year’s carbon emissions. At the end of the first year of trading, organisations will be able to trade any allowances they have left on the open market, thus providing a financial incentive not to use the full carbon allowance. This will also provide a disincentive to exceeding the allowance, as the price of the additional allowances will be governed by the rules of supply and demand.

Eventually, there will be a cap on the total number of allowances available each year to ensure that carbon emissions are reduced overall. In order to deal with this, organisations will be able to trade their allowances. These will be sold at the market rate so will provide a further financial incentive to reduce carbon emissions and increase energy efficiency.

Undoubtedly, this scheme will have an impact on the demand for energy efficient commercial buildings. The more energy efficient the buildings occupied by bodies subject to CRC, the more allowances they will have to trade on the open market and the more money they will be able to make. Energy efficiency in commercial buildings may even attract a premium in their valuation if energy savings can be proven in comparison to other similar buildings at the point of sale.

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The content of this update is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

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