Even where a waste incineration installation is granted the surrender opt-out, it must still fully comply with the standard EU ETS monitoring, reporting, verification and accreditation obligations.

Waste incineration/co-incineration installations benefiting from the Art. 12b opt-out 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(23), inserting Art. 12b(6) of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
The act gives its timing as: up to 2035. as of 2026-08-14
It names one industry by name: Waste. as of 2026-08-14
Compliance is checked by accredited third party, annual. as of 2026-08-14

Addressee Waste incineration/co-incineration installations benefiting from the Art. 12b opt-outAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(23), inserting Art. 12b(6) of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor

Trigger

installation is exempted from surrender under the Art. 12b opt-out

Obligation

Even where a waste incineration installation is granted the surrender opt-out, it must still fully comply with the standard EU ETS monitoring, reporting, verification and accreditation obligations.

Who is affected

Addressee

Waste incineration/co-incineration installations benefiting from the Art. 12b opt-out

Class

Businesses

Sectors

Names Waste and landfill

Applies

up to 2035

Burden drivers

D1 · D2 · D5 — 3 of 7 marks fire on this provision.

Source text

Verbatim

The installations concerned shall continue to fully comply with the obligations under Article 14 on monitoring and reporting of its emissions and Article 15 on verification and accreditation.

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