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
The rule
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)
Surrender allowances for the emissions of a given reference year from waste incineration and co-incineration installations.
Who is affected
Burden drivers
Source text
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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