Firmly nominate the claimed electricity to allocated interconnection capacity across origin, destination and transit, matching production within the same hour, and forgo the claim where capacity is allocated implicitly.
Importers and authorised CBAM declarants of electricity claiming actual emissions 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(22); Annex II, point (6)(c) replacing point (d) of point 5 of Annex IV 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: applies from 1 January 2026 per Art. 2 (points 1 and 6 of Annex II). as of 2026-08-14
- It names one industry by name: Power. as of 2026-08-14
- Compliance is checked by accredited third party, annual. as of 2026-08-14
The rule
claim to use actual embedded emissions for imported electricity
Firmly nominate the claimed electricity to allocated interconnection capacity across origin, destination and transit, matching production within the same hour, and forgo the claim where capacity is allocated implicitly.
Who is affected
Burden drivers
Source text
‘(d) the amount of electricity for which the use of actual embedded emissions is claimed has been firmly nominated to the allocated interconnection capacity by all responsible transmission system operators in the country of origin, the country of destination and, if relevant, each country of transit, and the nominated capacity and the production of electricity by the installation refer to the same period of time, which shall not be longer than one hour. This criterion shall not be fulfilled in cases where transmission capacity for the import of electricity is allocated through implicit capacity allocation;
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