Legal status of The National Centre for Emissions Management (KOBiZE)

Abstract

This article examines character of functions and competences of The National Centre for Emissions Management (KOBiZE) and status of the Institute of Environmental Protection – National Research Institute acting as KOBiZE (IOŚ-KOBiZE). It is pointed out that the tasks of KOBiZE are laid down in Polish national law, such as the Act on the Management of Emissions of Greenhouse Gases and other Substances, the Act on Greenhouse Gases Emissions Trading System, Environmental Protection Law Act, and in the implementing measures to Directive 2003/87/EC establishing a system for greenhouse gas emission allowances trading within the Community. The author takes the view that IOŚ-KOBiZE should be classified as an administrative body, however, not of a decisive nature but rather of a consultative or ancillary nature. It is noted that IOŚ-KOBiZE’s legal structure has many features in common with state agency, in particular in doctrinal sense. However IOŚ-KOBiZE’s legal structure is different and unique, which is the result of long-standing, consistent practice.