A third country or territory may be added to or removed from the Annex III exemption lists by delegated act, including as a consequence of CBAM incorporation into the EEA Agreement, and under urgency where imperative grounds require it.

European Commission; importers of goods originating in third countries listed in Annex III must comply, and it sits in an act that is partly law and partly a proposal.

Why it matters

The act this comes from is partly law in force and partly a proposal that can still change.

It is Art. 1(1)(e), replacing Art. 2(11) of Regulation (EU) 2023/956, in the CBAM extension — downstream goods and anti-circumvention. as of 2026-08-14
The act gives its timing as: from entry into force (third day after publication), Art. 2. as of 2026-08-14
It names 5 industries by name: Power, Steel, Aluminium, Cement and Chemicals. as of 2026-08-14
Compliance is checked by none, if it happens. as of 2026-08-14

Addressee European Commission; importers of goods originating in third countries listed in Annex IIIAct COM(2025) 989 final, 2025/0419 (COD)Article Art. 1(1)(e), replacing Art. 2(11) of Regulation (EU) 2023/956Class Governments

The rule

New — no predecessor

Trigger

conditions in Art. 2(6), (7) or (9) are or cease to be fulfilled for a third country, or the CBAM is incorporated into the EEA Agreement

Obligation

A third country or territory may be added to or removed from the Annex III exemption lists by delegated act, including as a consequence of CBAM incorporation into the EEA Agreement, and under urgency where imperative grounds require it.

Who is affected

Addressee

European Commission; importers of goods originating in third countries listed in Annex III

Class

Governments

Sectors

Names Power and heat, Steel, Aluminium and metals, Cement and concrete, Chemicals and refining

Applies

from entry into force (third day after publication), Art. 2

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

‘11. The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to amend the lists of third countries or territories listed in point 1 or 2 of Annex III by adding or removing a third country or territory, depending on whether the conditions set out in paragraph 6, 7 or 9 of this Article are fulfilled in respect of that third country or territory, or as a consequence of the incorporation of the CBAM into the EEA Agreement. Where, in the case of adding a third country to the list of third countries or territories listed in point 2 of Annex III, imperative grounds of urgency so require, the procedure provided for in Article 28a shall apply to delegated acts adopted pursuant to this paragraph.

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