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Simplification · CBAM-02

When new product categories are added to the CBAM goods list, their free allocation also starts phasing down on a set CBAM-factor schedule (97.9% then 95.8%, then the general schedule from 2028).

Operators producing goods newly added to CBAM Annex I must comply, and this is not law yet.

Why it matters

This is a Commission proposal: it is not law yet, and it can change before it is.

  • It is Art. 1(15)(b)(ii), inserting a subparagraph after Art. 10a(1a), second subparagraph of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
  • The act gives its timing as: from the next five-year period following inclusion in CBAM Annex I. as of 2026-08-14
  • It names no industry: it applies across the economy rather than to one of them. as of 2026-08-14
  • Compliance is checked by none, annual. as of 2026-08-14
Addressee Operators producing goods newly added to CBAM Annex IAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(15)(b)(ii), inserting a subparagraph after Art. 10a(1a), second subparagraph of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor
Trigger

goods are added to the list in Annex I to Regulation (EU) 2023/956 (CBAM)

Obligation

When new product categories are added to the CBAM goods list, their free allocation also starts phasing down on a set CBAM-factor schedule (97.9% then 95.8%, then the general schedule from 2028).

Who is affected

Addressee
Operators producing goods newly added to CBAM Annex I
Class
Businesses
Sectors
Reaches Steel, Cement and concrete, Aluminium and metals, Chemicals and refining, Power and heat
Applies
from the next five-year period following inclusion in CBAM Annex I

Burden drivers

D6 — 1 of 7 marks fire on this provision.

Source text

Verbatim

Notwithstanding the second subparagraph, when additional goods are added to the list in Annex I to Regulation (EU) 2023/956 whose production benefits from free allocation, for these additional goods the CBAM factor shall be equal to 97,9 % in the first year and 95,8 % in the second year of the next five-year period referred to in Article 11 of this Directive following their inclusion in that Annex and shall decrease with the same CBAM factor set out in the second subparagraph in each subsequent year starting with the CBAM factor of the year 2028.

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