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Simplification · WST-03

Surrender allowances for the emissions of a given reference year from waste incineration and co-incineration installations.

Waste incineration and co-incineration installations in qualifying Member States 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(1) 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 competent authority, per reference year. as of 2026-08-14
Addressee Waste incineration and co-incineration installations in qualifying Member StatesAct COM(2026) 616 final, 2026/0212 (COD)Article Art. 1(23), inserting Art. 12b(1) of Directive 2003/87/ECClass Businesses

The rule

New — no predecessor
Trigger

Member State demonstrates it meets at least two of three conditions (national carbon tax above ETS price / on track for recycling targets / on track for landfill diversion target)

Obligation

Surrender allowances for the emissions of a given reference year from waste incineration and co-incineration installations.

Who is affected

Addressee
Waste incineration and co-incineration installations in qualifying Member States
Class
Businesses
Sectors
Names Waste and landfill
Applies
up to 2035

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

By way of derogation from Articles 12 and 12a, the competent authority of a Member State may exempt installations under the activity ‘Waste incineration and waste co-incineration’ referred to in Annex I, from the obligation to surrender allowances for the emissions of a given reference year up to 2035, provided that the Member State demonstrates that at least two out of the following three conditions are met:

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