Dear Sir & Madam,

find here your Emission News 03-2016 with practical information about emission trading for operators and aviation industry. Free of charge or paid you will get actual information around the following topics Monitoring Concept, ETS Report System, Verification, Portfoliomanagement and Consulting, DEHSt-Registry-Services, Auctioning, Purchase and Sale EUA, aEUA, CER, ERU Certificates.

 
 
 

Liability Risks for System Operators of the EU Emission Trading – Also appointed Employees are concerned by the Law governing Administrative Offences

 
 
 

If the managing directors or executives of mandatory emissions trade's system operators try to  get informed about possible risks in this field, they just use to hear the words “100 Euros fine per ton CO2”, an amount which becomes due at the end of April for the past year in case of a non-submission.
Without further detailed knowledge about the subject, however, the question arises less frequently how commissioned employees happen to commit such a failure and how, above all, this scenery of a penalty duty could be avoided economically.
It is amazing that operators rarely or never ask themselves how liability risks in accordance with the Administrative Violations Law OwiG happen to be managed and who in the Company would in which way be held responsible.
In fact the administrative offences seem to contain a kind of direct liability which finds its way through to commissioned employees as there are authorized account holders and annual report authors. It means that not only managing directors and executives are held responsible for administrative offences.
Emissionshändler.com® explains in the first part of <link fileadmin emissionshaendler dateien emissionsbriefe co2-emission_news_en__03-2016_-_liability_risks_for_system_operators_.pdf>Emission News 03-2016 (<link fileadmin emissionshaendler dateien emissionsbriefe emissionsbrief_de_03-2016_haftungen_und_owi_im_co2-handel.pdf>Deutsche Version hier) drawn up here how and in which form liabilities in accordance with OWiG arise, on which level of the EU and the national legislation they find application and how these risks can be reduced in a way that is economically representative. Also criminal aspects will be treated here.

 
 
 

Kind regards

Michael Kroehnert
Emissionshändler.com

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