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Requirement · LM-15a

Apply the Union-origin requirements laid down in the new Annex II when procuring listed net-zero technologies (battery storage, solar PV, heat pumps, wind, nuclear).

Contracting authorities and contracting entities 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. 34(4) (new Art. 25a(2) of Regulation (EU) 2024/1735), in the Industrial Accelerator Act. as of 2026-08-17
  • The act gives its timing as: From entry into force; thresholds phase in at 1/3/4/6 years after entry into force depending on technology. as of 2026-08-17
  • It names 3 industries by name: Batteries and solar, Clean tech and Power. as of 2026-08-17
  • Compliance is checked by self-declaration, per tender. as of 2026-08-17
Addressee Contracting authorities and contracting entitiesAct COM(2026) 100 final, 2026/0068 (COD)Article Art. 34(4) (new Art. 25a(2) of Regulation (EU) 2024/1735)Class Governments

The rule

New — no predecessor
Trigger

Procurement of the net-zero technologies listed in (new) Annex II published after entry into force

Obligation

Apply the Union-origin requirements laid down in the new Annex II when procuring listed net-zero technologies (battery storage, solar PV, heat pumps, wind, nuclear).

Who is affected

Addressee
Contracting authorities and contracting entities
Class
Governments
Sectors
Names Batteries and solar, Wind, heat pumps, hydrogen, Power and heat
Applies
From entry into force; thresholds phase in at 1/3/4/6 years after entry into force depending on technology

Burden drivers

D1 · D3 — 2 of 7 marks fire on this provision.

Source text

Verbatim

2. For public procurement procedures referred to in Annex II, contracting authorities and contracting entities shall apply the Union origin requirements laid down therein. Requirements relating to specific main specific components shall only apply to the extent that those components are included in the final product.

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