← All measuresMeasures / EU ETS revision
Opportunity · FND-09

Electro-intensive industrial sectors exposed to carbon leakage risk can receive state-aid-compliant financial compensation from Member States for indirect ETS costs passed through in electricity prices, funded from up to 25% of that Member State's auction revenue.

Sectors/subsectors exposed to genuine carbon leakage risk from indirect (electricity) ETS costs are offered support, 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)(h), replacing Art. 10a(6) of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
  • The act gives its timing as: n/a. 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 competent authority, annual. as of 2026-08-14
Addressee Sectors/subsectors exposed to genuine carbon leakage risk from indirect (electricity) ETS costsAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(15)(h), replacing Art. 10a(6) of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor
Trigger

sector/subsector exposed to a genuine risk of carbon leakage due to significant indirect costs passed on in electricity prices

Benefit

Electro-intensive industrial sectors exposed to carbon leakage risk can receive state-aid-compliant financial compensation from Member States for indirect ETS costs passed through in electricity prices, funded from up to 25% of that Member State's auction revenue.

Who is affected

Addressee
Sectors/subsectors exposed to genuine carbon leakage risk from indirect (electricity) ETS costs
Class
Businesses
Sectors
No sector named — applies by size or activity
Applies
n/a

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

Member States should adopt financial measures in accordance with the second and fourth subparagraphs of this paragraph in favour of sectors or subsectors which are exposed to a genuine risk of carbon leakage due to significant indirect costs that are actually incurred from greenhouse gas emission costs passed on in electricity prices, provided that such financial measures are in accordance with State aid rules, and in particular do not cause undue distortions of competition in the internal market.

View source →