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The subject matter of this article is the implementation in Poland of Directive
2003/87/EC on the emissions trading scheme for greenhouse gases in the Community.
The first part of the article focuses on the presentation of the legislation and
institutional arrangements which transpose the obligations contained in Directive
2003/87/EC into Polish law. On the basis of this, the article then presents some
problems regarding the implementation in Poland of important changes introduced
into Directive 2003/87/EC by Directive 2009/29/EC. This part of the article contains
an analysis of Article 50 of the new Act on the System of Greenhouse Emission
Trading, which introduces specific rules for licensing bodies that undertake
investment in terms of compliance with the provisions of Directive 2009/29/EC.
Secondly, this paper also presents a preliminary assessment of the proposed
free allocation of greenhouse gas emissions allowances in Poland to electricity
production enterprises. This is examined from the viewpoint of the possibility of
State aid in the meaning of Article 107(1) of the Treaty on the Functioning of the