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Simplification · FRE-04

Draw up an Invest in EU decarbonisation plan and pass the additional verification gating the final 20% tranche of free allocation.

Operators with an installation-level project already awarded IDB/Investment Booster/Innovation Fund support 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)(d), inserting Art. 10a(3c), fourth subparagraph of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
  • The act gives its timing as: from 2031. 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, per five-year period. as of 2026-08-14
Addressee Operators with an installation-level project already awarded IDB/Investment Booster/Innovation Fund supportAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(15)(d), inserting Art. 10a(3c), fourth subparagraph of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor
Trigger

a project selected for award of support under Art. 10cc, 10cd, 10ce or the Innovation Fund (Art. 10cb) is being implemented at the installation during the relevant five-year period

Obligation

Draw up an Invest in EU decarbonisation plan and pass the additional verification gating the final 20% tranche of free allocation.

Who is affected

Addressee
Operators with an installation-level project already awarded IDB/Investment Booster/Innovation Fund support
Class
Businesses
Sectors
No sector named — applies by size or activity
Applies
from 2031

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

By way of derogation from the first subparagraph, where a project that was selected for the award of support under the Industrial Decarbonisation Bank and Investment Booster established under Articles 10cc, 10cd and 10ce or the Innovation Fund referred to in Article 10cb is being implemented in the installation during the five-year period under which it applies for free allocation, the operator of that installation shall be exempted from the obligation to establish a plan in accordance with paragraph 3b and shall receive 80 % of the amount of free allocation as referred to in the first subparagraph without additional verification.

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