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Simplification · AUC-03

Apply the auction pre-qualification and award criteria where doing so would cost disproportionately -- presumed above a 15% cost difference per auction.

Member States designing renewable energy auctions must comply, and this is law in force.

Why it matters

This is law in force, not a proposal.

  • It is Art. 26(5), in the Net-Zero Industry Act. as of 2026-08-18
  • The act gives its timing as: From 30 December 2025 (Art. 49(4)). as of 2026-08-18
  • It names 3 industries by name: Clean tech, Batteries and solar and Power. as of 2026-08-18
  • Compliance is checked by none, per auction. as of 2026-08-18
Addressee Member States designing renewable energy auctionsAct Regulation (EU) 2024/1735, consolidated 17.08.2025Article Art. 26(5)Class Governments

The rule

New — no predecessor
Trigger

estimated cost difference above 15% per auction on objective and verifiable data

Obligation

Apply the auction pre-qualification and award criteria where doing so would cost disproportionately -- presumed above a 15% cost difference per auction.

Who is affected

Addressee
Member States designing renewable energy auctions
Class
Governments
Sectors
Names Wind, heat pumps, hydrogen, Batteries and solar, Power and heat
Applies
From 30 December 2025 (Art. 49(4))

Burden drivers

No burden drivers recorded on this provision.

Source text

Verbatim

Member States shall not be obliged to apply the considerations relating to the pre-qualification and award criteria laid down in paragraph 1 where, by applying those criteria, they would incur disproportionate costs. Estimated cost differences above 15 % per auction, based on objective and verifiable data, may be presumed by Member States to be disproportionate.

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