Towards National Legislation for Climate Protection
New Horizons in Environmental and Energy Law series
Edited by Marjan Peeters, Mark Stallworthy and Javier de Cendra de Larragán
Chapter 10: Spanish climate change policy: an ambitious bet on renewable energies
According to the Kyoto Protocol, Spain agreed to increase its emissions up to a maximum of 15 per cent in relation to the base year. Moreover, in conformity with the Effort Sharing Decision, Spain has a commitment to reduce its greenhouse gases (GHG) emissions from EU non-sectors in 2020 by 10 per cent compared to 2005 emissions. Despite its good intentions, Spain has become the EU member state least likely to meet its commitments, since data from the atmospheric emissions inventory for Spain shows that its emissions have increased far above the agreed limit. According to the European growth Strategy – Europe 2020 Strategy – approved by the European Council on 17 June 2010, some 45 per cent of GHG emissions in Spain are allocated to the industrial sector, while 55 per cent correspond to other sectors. The diverse sectors include the non-ETS activities that generate GHG emissions. In the Spanish legal system, these activities are not included within the scope of application of Law 1/2005 of 9 March on the GHG emissions trading scheme – that transposes Directive 2003/87/EC. Law 1/2005 prepared the approval of the Plan Nacional de Asignación (PNA, National Allocation Plans). Only two Plans have been elaborated so far: PNA I (2005–2007) and PNA II (2008–2012) because from 2013, the PNAs will be replaced by a European emission assignment system (see Law 13/2010 and Directive 2009/29). Notwithstanding the great effort, PNA II forecast a further rise in emission for the period 2008–2012.
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