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Requirement · ELEC-08

Assess third-country listing for the electricity exemption against the Memorandum of Understanding timeline as well as the paragraph 7 conditions.

European Commission 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)(d), replacing Art. 2(8) 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 one industry by name: Power. as of 2026-08-14
  • Compliance is checked by none, if it happens. as of 2026-08-14
Addressee European CommissionAct COM(2025) 989 final, 2025/0419 (COD)Article Art. 1(1)(d), replacing Art. 2(8) of Regulation (EU) 2023/956Class Governments

The rule

New — no predecessor
Trigger

assessment of whether a third country or territory fulfils the Art. 2(7) conditions

Obligation

Assess third-country listing for the electricity exemption against the Memorandum of Understanding timeline as well as the paragraph 7 conditions.

Who is affected

Addressee
European Commission
Class
Governments
Sectors
Names Power and heat
Applies
from entry into force (third day after publication), Art. 2

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

‘A third country or territory that fulfils all the conditions set out in paragraph 7, shall be listed in point 2 of Annex III. When assessing whether the conditions set out in paragraph 7 of this Article are fulfilled, the Commission shall take into account advancements in accordance with the timeline laid down in a Memorandum of Understanding under Article 2(7a).

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