Operators may pool multiple installations under a joint decarbonisation investment agreement to satisfy the mandatory decarbonisation-investment volume jointly rather than installation-by-installation.

Operators of installations applying for free allocation are given a right, 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(3d) 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 competent authority, per five-year period. as of 2026-08-14

Addressee Operators of installations applying for free allocationAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(15)(d), inserting Art. 10a(3d) of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor

Trigger

operators wish to jointly fulfil the investment requirement across multiple installations

Entitlement

Operators may pool multiple installations under a joint decarbonisation investment agreement to satisfy the mandatory decarbonisation-investment volume jointly rather than installation-by-installation.

Who is affected

Addressee

Operators of installations applying for free allocation

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

Operators of installations applying for free allocation in accordance with this Article may request to form a pool of installations for the purposes of fulfilling jointly the investment requirements under paragraph 3b, fifth subparagraph.

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