If a GHG emissions permit is granted for the first time, withdrawn, and re-granted within the same five-year free-allocation period, the installation is barred from re-entering the EU ETS until the following five-year period.
Installations whose permit is withdrawn and re-granted mid five-year period must comply, and this is not law yet.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(9), inserting Art. 6(4) of Directive 2003/87/EC, in the EU ETS revision. as of 2026-08-14
- The act gives its timing as: applies from 1 January 2028 (transposition by 31 December 2027). 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, if it happens. as of 2026-08-14
The rule
competent authority successively grants a permit for the first time, withdraws it, and grants a new permit during the same five-year period
If a GHG emissions permit is granted for the first time, withdrawn, and re-granted within the same five-year free-allocation period, the installation is barred from re-entering the EU ETS until the following five-year period.
Who is affected
Burden drivers
Source text
Where during the period referred to in Article 3, point (h), the competent authority successively grants for the first time a greenhouse gas emissions permit, withdraw that permit and then grant a new one, the installation shall only be reintroduced in the EU ETS in the following five-year period for free allocation referred to in Article 11(1), under the relevant status as incumbent installation or new entrant, as applicable.
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