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Proportionality, principle

Free allocation of allowances probably qualifies as State aid under the State Aids Directive (Johnston, this issue). Countries may thus have to make State aid declarations (otherwise, allocations could be challenged in national courts). State aid could be justified as a compensation for forgone profits due to the environmental regulation, but in this situation the proportionality principle applies - the amount of State aid should be proportional to the forgone profit. To the extent that profits may be deemed to amount to excessive compensation, this may create considerable legal pressures to reduce the scale of free allocations. [Pg.15]

Merola and Crichlow (2004) have argued that if the Commission applied Article 87(1) to the whole scheme, Article 87(3)(b) would authorize the entire allowance allocation scheme . Under this approach, such an exemption would cover all emissions and make it unnecessary precisely to establish the proportionality of the aid to the environmental benefit to be secured under the EU ETS because the compensatory justification would be implicit in the fulfilment of the specific requirements of Article 87(3)(b), as indicated in paragraph 73 of the [Commission s] Guidelines .22 This claim illustrates the key importance of careful identification of the precise ground upon which any exemption is sought from the prohibition on the grant of State aid. This issue will be addressed in the discussion of the proportionality principle (Section 3.2.5), where it will be argued that proportionality must still be respected under the EU ETS. [Pg.121]

The basic structure of the approach required under the proportionality principle is as follows ... [Pg.123]

In the case of public-sector employees (who are not civil servants), the reasons must not violate the principles of administration, e.g. the proportionality principle... [Pg.231]

GPa) and the relative elongation at break (%). The first of the indices characterizes the resistance of the fiber to deformation under the affect of the acting force and determines the value of the tensile strength causing the formation of the unitary relative elongation (e). The modulus E characterizes the susceptibility of the fiber to deform based on the principle of inverse proportionality. The other parameter, i.e., 6, characterizes the maximum ability of the fiber to deform under the effect of the acting tensile force. [Pg.848]

The principle of operation of this device is simple. A small amount of the flowing water volumetrically displaces foam concentrate from the tank into the main water stream. The working pressure of the vessel must, of course, be above the maximum static water pressure encountered in the system. This type of proportioner may consist of one tank or pressure container with a watertight divider so that it operates as two tanks, two tanks separately connected to the water and foam solution lines, or the tanks in the system may each be fitted with flexible diaphragms or bladders to separate the "driving" water from foam concentrate or they may rely simply on differences in density of the two liquids to retard mixing during operation. [Pg.212]

The issue of when and how to use the precautionary principle, both within the EU and internationally, is giving rise to much debate, and to mixed, and sometimes contradictory views. Thus, decision-makers are constantly faced with the dilemma of balancing the freedom and rights of individuals, industry, and organizations with the need to reduce the risk of adverse effects to the environment, human, animal, or plant health. Therefore, finding the correct balance so that the proportionate, nondiscriminatory, transparent, and coherent actions can be taken, requires a structured decision-making process with detailed scientific and other objective information. [Pg.45]

The proportionality constant in this expression can be obtained by normalization of the probabilities. As with the maximum-entropy principle we are more interested in the situation where we have other restrictions. Suppose we look again at restrictions that are given by eqn. (21). Introducing Lagrange multipliers gives us... [Pg.138]

Thermal Manometers. The principle of thermal manometer operation is based on the pressure dependence of the heat conductivity of a gas. This relation begins to manifest itself in the region of a moderate vacuum and gradually transforms into direct proportionality in the region of a high vacuum. At present, two types of thermal manometers, namely, the bridge and the thermocouple ones, predominate in laboratories. [Pg.44]

When metals have been but barely calcined, they have. lost only their phlogistou, and are recoverable by the introduction of fresh phlogiston. A more thorough calcination, by long continuance of fire or by additions, dissipates a part of this mercurial principle and as no method has been discovered of supplying it by art, the quantity of metal revivable will be proportionably less. The process is capable of being carried so far that no metal at all shall be recovered, and that the calx shall differ but little from mere earth. ... [Pg.435]


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See also in sourсe #XX -- [ Pg.126 ]




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Proportionality

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