EU on Kyoto: not really an "agreement"

Isn't it funny how, when it comes to determining how to interpret EU emissions trading rules, the Durban Package is insufficient to be defined as an "international agreement"

http://ec.europa.eu/clima/news/articles/news_2012011101_en.htm

The adoption of a second commitment period of the Kyoto Protocol without a legally binding agreement for the period beyond 2012 under which other developed countries commit themselves to comparable emission reductions and economically more advanced developing countries commit themselves to contributing adequately according to their responsibilities and capabilities is therefore not an international agreement as referred to in Article 11a(7) of the EU ETS Directive and Article 5(3)of the Effort Sharing Decision.