A Member State seeking the waste-incineration opt-out must notify the Commission by 31 July 2029 with evidence of eligibility and indicate the amount of allowances it will cancel from its own auction quota.
Member States seeking the waste incineration 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(3) of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
- The act gives its timing as: notification by 31 July 2029. as of 2026-08-14
- It names one industry by name: Waste. as of 2026-08-14
- Compliance is checked by competent authority, one-off. as of 2026-08-14
The rule
Member State wants to apply the Art. 12b opt-out for waste incineration installations
A Member State seeking the waste-incineration opt-out must notify the Commission by 31 July 2029 with evidence of eligibility and indicate the amount of allowances it will cancel from its own auction quota.
Who is affected
Burden drivers
Source text
By 31 July 2029, the Member State concerned shall notify the Commission of its request for the opt-out, demonstrating compliance with at least two out of the three conditions in paragraph 1, and indicating the corresponding amount of allowances to be cancelled in accordance with paragraph 2.
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