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According to his statement there is no majority in Council neither on a minimum, nor on maximum harmonisation solution.
However, a compromise as laid out in the revised Lehne report might well be possible. Based on the Portuguese proposal, companies should have the possibility to opt out to the articles 9 and 11. Therefore, companies apply to these articles unless they make a public declaration that they opt for a more restrictive regime.
The Huhne report will be available soon.
Vote in EMAC is planned for 20 October, vote in Jury for 27 November