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The article discusses the legal frameworks of emissions trading in Europe. The European Union Emissions Trading Scheme could be described as the largest experiment to date with the creation of regulatory property. 2005 saw the launch of a trading market for greenhouse gas emission allowances as a primary pillar in the European Community strategy to lessen global warming. The main feature of the scheme lies in the establishment of a regulatory framework for trade in greenhouse gas allowances with detailed provisions on the administrative arrangements and procedures.

On 9 December 2002 the (Environment) Council of the European Union unanimously agreed on a common position on a Commission's proposal for a Directive establishing a scheme for greenhouse gas emissions allowance trading. This follows the idea that a common European emissions trading system should be preferred above a collection of national emissions trading systems. The European framework for emissions trading needs to he filled in by the Member States. One of their main tasks will be to allocate the greenhouse gas allowances according to a National Allocation Plan. The use of new regulatory instruments as emissions trading will raise new legal questions, which not always can be foreseen before the real application of the instrument in practice. It does not seem to he that the relevant institutions in the European Community already have a clear insight in all the necessary provisions for a well-functioning and just emissions trading, scheme. Especially the allocation of the tradable emissions rights can be questioned. With the present criteria, the allocation of the transferable rights will likely be a complicated and probably time-consuming task for the national governments. The European politicians seem to be willing, to take this risk with emissions trading, in order to build experience [ABSTRACT FROM AUTHOR]