The EU Commission has brought the certificate trading scheme between countries onto the corporate level. Power stations or industrial plants that reduce emissions by more than they are required to can sell their surpluses to other power stations or industrial plants that have not met their target. At present, the emissions trading situation in Germany is as follows:

• The drafts for the National Allocation Plans must be approved by the EU Commission. Up to now, the Commission has checked 22 of the national allocation plans for the phase 2008-2012, some of which must consequently be re-worked.

• The legally binding allocation of emission certificates to each country's emitters is conducted according to the national allocation laws in place.

• These national laws have been modified to account for the next trading period. In Germany, the law „Gesetz zur Änderung der Rechtsgrundlagen zum Emissionshandel im Hinblick auf die Zuteilungsphase 2008 – 2012“ was passed in June 2007.

• The incorporation of CO2 credits from Clean Development Mechanism (CDM) or Joint Implementation (JI) projects is handled differently in the European states.

• Up to 2007, only the greenhouse gas carbon dioxide was accounted for. From 2008 on other green house gases are included.

• At present, only power stations and industrial plants are considered "emitters".

• The energy industry fears a regulation of the energy mix since it is governments who distribute the National Allocation Plans.

• Industry fears additional expenses from emissions trading (= Competitive disadvantage in international business).

• Other industies, like the service industry, can participate voluntarily for a posiitve public environmental image (see CO2-Concept).