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Incentivising consumption efficiency: a matter of environmental policy

In: Including Consumption in Emissions Trading

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Abstract

Chapter 3 discusses the legal basis under EU Law for consumption-based carbon charges. It shows that a consumption-based and ETS integrated carbon charge falls in the ambit of Article 192 conjuncto Article 191 TFEU - the legal basis for environmental measures - as it relates to the environmental objectives and principles laid down in Article 191(1). Besides, it falls in the realm of Article 113 TFEU - the legal basis for the harmonization of indirect taxes and charges. The charge, however, is closer to the substantive scope of Article 191 TFEU than to the harmonization scope of Article 113 TFEU so that Article 191, 192 TFEU is the correct legal basis: It primarily aims at environmental objectives not at harmonizing indirect taxes.

Suggested Citation

  • ., 2021. "Incentivising consumption efficiency: a matter of environmental policy," Chapters, in: Including Consumption in Emissions Trading, chapter 4, pages 69-95, Edward Elgar Publishing.
  • Handle: RePEc:elg:eechap:20248_4
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