| Dokumendiregister | Justiits- ja Digiministeerium |
| Viit | 7-1/1920 |
| Registreeritud | 12.03.2026 |
| Sünkroonitud | 13.03.2026 |
| Liik | Sissetulev kiri |
| Funktsioon | 7 EL otsustusprotsessis osalemine ja rahvusvaheline koostöö |
| Sari | 7-1 EL institutsioonide otsustusprotsessidega seotud dokumendid (eelnõud, töögruppide materjalid, õigustiku ülevõtmise tähtajad) (Arhiiviväärtuslik) |
| Toimik | 7-1/2026 |
| Juurdepääsupiirang | Avalik |
| Juurdepääsupiirang | |
| Adressaat | Riigikantselei |
| Saabumis/saatmisviis | Riigikantselei |
| Vastutaja | Kristiina Krause (Justiits- ja Digiministeerium, Kantsleri vastutusvaldkond, Üldosakond, Kommunikatsiooni ja väliskoostöö talitus) |
| Originaal | Ava uues aknas |
EN EN
EUROPEAN COMMISSION
Brussels, 4.3.2026
COM(2026) 100 final
2026/0068 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing a framework of measures for the acceleration of industrial capacity and
decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724,
(EU) 2024/1735 and (EU) 2024/3110
{SEC(2026) 70 final} - {SWD(2026) 70 final} - {SWD(2026) 71 final} -
{SWD(2026) 72 final}
(Text with EEA relevance)
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
This explanatory memorandum accompanies the proposal for a Regulation establishing a
framework of measures for the acceleration of industrial capacity and decarbonisation in
strategic sectors: the ‘Industrial Accelerator Act’.
In today’s geopolitical landscape, the frequent and targeted use of economic tools to advance
strategic objectives poses a serious threat to the Union’s resilience, competitiveness,
economic security and strategic autonomy. As highlighted in the Draghi report on European
Competitiveness, the weaponisation of EU dependencies of trading partners in strategic
sectors puts the EU’s security, competitiveness and economy at risk.1 The Union’s capacity to
respond and reduce third country dependencies lies in the strength of its industrial base,
innovation capacity and integrity of the Single Market.
The transition to a clean and digital economy presents a major opportunity to strengthen the
EU’s industrial base, as outlined, inter alia, in the Commission Communication on Clean
Industrial Deal2. Global competition, rapid technological change, structural cost
disadvantages, unfair global market distortions such as the increasing use of foreign subsidies
to create a competitive edge, and the weaponisation of economic dependencies are reshaping
global value chains. At the same time, rising geopolitical tensions are intensifying existing
vulnerabilities and creating new ones. Against this backdrop, the EU must act strategically to
secure and further strengthen its resilience and industrial base, long-term competitiveness and
ensure that the climate transition becomes an engine of industrial growth.
The manufacturing sector is essential for safeguarding and boosting the EU’s long-term
economic resilience and to meet its climate neutrality goal. In 2024, it accounted for 18.3% of
employment in the EU business economy3 and 14,3% of the EU’s total GDP,4 while
generating 26,2% of EU’s greenhouse gas emissions5. Despite its continued economic
importance, the sector’s share of GDP has declined over the past decades from 17.4% in 2000
to its current level of 14,3%6. This regression is not only an economic reality, but a strategic
warning signal with potentially structural impacts to the EU’s prosperity and social cohesion.
At the same time, the manufacturing sector increasingly faces challenges, such as high energy
prices, global overcapacities, high capital and operational costs for decarbonisation and new
technology deployment, low investment compared to other regions, as well as regulatory
hurdles7.
1 Joint Communication, Strengthening EU economic security, JOIN(2025) 977 final. 2 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions, The Clean Industrial Deal: A joint
roadmap for competitiveness and decarbonisation (COM/2025/85 final, 26.2.2025). 3 Eurostat, Enterprises by detailed NACE Rev. 2 activity and special aggregates
[sbs_ovw_act__custom_20259000], last updated 08 December 2025, DOI: 10.2908/sbs_ovw_act. 4 Eurostat, Gross value added and income by main industry (NACE Rev.2 )
[nama_10_a10__custom_20259318], last updated 20 February 2026, DOI: 10.2908/nama_10_a10. 5 Eurostat, Air emissions accounts by NACE Rev. 2 activity [env_ac_ainah_r2__custom_20259376], last
updated 28 November 2025, DOI: 10.2908/env_ac_ainah_r2. 6 Eurostat, Gross value added and income by main industry (NACE Rev.2 )
[nama_10_a10__custom_20259318], last updated 20 February 2026, DOI: 10.2908/nama_10_a10. 7 Draghi, M. (2024). The future of European competitiveness – In-depth analysis and recommendations
(Part B).
EN 2 EN
That is why the Industrial Accelerator Act aims to ensure that by 2035, this trend is reversed
and that manufacturing represents 20% of the EU GDP. It will do so by accelerating
permitting for all manufacturing projects, and by providing a toolbox to provide access to the
European single market in a way that prevents strategic dependencies, creates manufacturing
jobs, boosts decarbonisation and climate performance and secure access of European citizens
and companies to vital commodities and products at all times.
Achieving the EU’s strategic autonomy while maintaining industrial competitiveness and, at
the same time, decarbonising requires a strong business case. In that context, strengthening
the competitiveness of certain strategic sectors and technologies, notably net-zero
technologies as well as energy-intensive industries, and the automotive supply chain, is
essential for the EU’s resilience, strategic autonomy and climate objectives. A failure to
secure and diversify crucial supply chains would create significant economic and societal
risks, leading to potential disruption of public order in the Union. Reducing external
vulnerabilities could contribute to strengthening our economy, boosting investments and
supporting the business case for the ongoing deep industrial transformation process.
The sectors covered by the Industrial Accelerator Act – in particular energy-intensive
industries, net-zero technologies manufacturing, and automotive industry – account for a
limited share of EU manufacturing output but play a disproportionate strategic role. Taken
together, the strategic sectors targeted by the Industrial Accelerator Act account for
around 15% of EU manufacturing production. Their importance therefore lies less in their
aggregate size than in their central role as upstream suppliers and enablers of downstream
industrial ecosystems, including construction, mobility, energy as well as space and defence.
Delayed or insufficient progress on climate action could intensify the economic and social
impacts of climate change, with implications for social stability. Action is especially needed
in the following sectors:
Energy-intensive industries (EIIs) are a key pillar of European prosperity and a cornerstone
of the continent’s industrial base, underpinning most industrial ecosystems. Yet, production
volumes in EIIs have substantially decreased since 2021, compared to other manufacturing
sectors8. Cost gaps with other world regions have widened and import shares have increased,
in particular for basic metals and chemicals9. Capacity utilisation rates remain at
unsustainably low levels10. Decarbonising these industries requires substantial investments11,
however, the pace of decarbonisation is not fast enough to reach the EU climate objectives.
Although many decarbonisation projects have been announced and some are on the way,
since 2023 more than half of the projects remain unimplemented12. Modernising these sectors
is fundamental not only to achieving our climate objectives, but also for Europe’s ability to
anchor industrial value chains and provide high- quality jobs. Among energy-intensive
industries, steel and cement are the largest emitters, while the chemical industry is the third-
largest contributor to the EU GHG emissions. Aluminium is also highly electro-intensive and
is recognised as a strategic raw material, with demand expected to increase by 33 % until
8 Internal European Commission analysis, see Impact Assessment report. 9 OECD Working Papers, A comprehensive overview of the Energy Intensive Industries ecosystem,
2025/09. 10 A European Steel and Metals Action Plan, COM (2025) 125 final, 19 March 2025. 11 Approximately EUR 500 billion are needed by 2040 for the chemicals, basic metals, non-metallic
minerals and pulp and paper industries - Draghi, M. (2024). The future of European competitiveness –
In-depth analysis and recommendations (Part B), p. 99 and Commission Staff Working Document,
Impact assessment report, Europe’s 2040 climate target and path to climate neutrality by 2050 building
a sustainable, just and prosperous society, Part 3, pp.164-167. 12 JRC analysis, see Impact Assessment report.
EN 3 EN
2050. At the same time, these industries have lost significant EU’s market share in the past
decade. In view of their high emissions intensity and strategic role for the clean and digital
transition, these sectors are considered priority to establish demand-side measures. They are
also characterised by a limited cost impact on downstream industries.
Net-zero technologies face competitiveness challenges and significant supply chain
vulnerabilities13. While deployment in the EU – and the world - is progressing, the EU’s
manufacturing global market share of these technologies is declining. Production is highly
concentrated in China, which accounts for over 80 % of battery manufacturing capacity and
solar photovoltaic, including solar inverters which carry an essential function in the Union’s
critical infrastructure. In other net zero technologies, such as heat pumps and geothermal, EU
production depends heavily on components from non-EU suppliers. Wind power technologies
are experiencing cost pressures from low-priced Chinese imports, while carbon capture
technologies lag in CO2 transport and storage. Without decisive action, the EU risks
becoming even more dependent on imported clean technologies, precisely at the moment
when global partners are accelerating their industrial strategies14 and weaponising their
industrial strengths. At the same time, net-zero technologies are a source of EU’s industrial
strength and should be granted a global level-playing field in light of unfairly subsidised
overcapacities by third countries.
Downstream industries are also under pressure. The competitiveness of the European
automotive industry – a symbol of Union industrial leadership - has significantly decreased,
with the average profitability of European automotive suppliers dropping from 7.4 % in 2017
to 5 % in 2023 and more than 100,000 job cuts announced in 2024/2515. Recent surveys show
that half of the European automotive component suppliers plan to reduce production capacity
in the EU in the next years. This decline threatens hundreds of thousands of jobs and the
integrity of Europe’s industrial future.
Against this backdrop, the proposal addresses three main sub-problems:
(1) Supply chain vulnerabilities in strategic sectors and technologies. Global, not always
fair, competition and international value chain dependencies undermine Europe’s
ability to increase or retain production in strategic sectors and technologies. An area
of concern is the lack of technology know-how and manufacturing expertise in the
EU for certain key net-zero and digital technologies. This concern is exacerbated by
a fragmented EU approach towards foreign investments, which oftentimes do not
come with technology transfer, job creation and value chain integration in the EU.
(2) Limited demand/no lead markets for European low-carbon industrial products. High
production costs, different levels of technological readiness and a lack of industrial
scaling effects limit the development and market uptake of low-carbon products in
energy-intensive industries, therefore undermining or delaying the decarbonisation
investments. This is further accentuated by the challenges in distinguishing low-
carbon industrial products from high-carbon equivalents and the limited willingness
of downstream sectors to pay a low-carbon premium.
(3) Industrial technologies are not deployed at scale. Lengthy, fragmented and uncertain
permitting procedures for industrial decarbonisation projects, including infrastructure
connection, delay the deployment and scale-up of new technologies. Decarbonising
13 Competitiveness Progress Report on Clean Energy Technologies, COM(2025) 74 final, 26 February
2025. 14 BloombergNEF, New Energy Outlook. 15 European automotive industry: What it takes to regain competitiveness, McKinsey, 10 March 2025.
EN 4 EN
industrial processes requires deep and costly transformation of assets and operations,
entailing substantial investments, which may become frozen throughout lengthy
permitting processes. Difficulties in de-risking investment and accessing funding
represent a major bottleneck.
Against this scenario, the Clean Industrial Deal announced a new regulatory initiative to
address permitting bottlenecks, introduce resilience and sustainability criteria, and create lead
markets for European clean and resilient industrial products and technologies.
This proposal delivers on the political commitment made by President von der Leyen, who
announced in the 2025 State of the Union Address an Industrial Accelerator Act (IAA) to
boost demand for clean and Made in EU products in strategic sectors and technologies. It is
also announced in the European Economic Strategy Communication of 3 December 2025.
The legislative proposal aims to strengthen the EU’s long-term economic resilience,
prosperity and strategic autonomy by supporting industrial production and accelerating
decarbonisation. It has the following objectives:
• Leverage access to and the scale of the Single Market to boost demand for European
low-carbon industrial products and net-zero technologies, including by facilitating
differentiation for low-carbon steel to increase its value and marketability.
• Maximise the quality and benefits for the Single Market of foreign investment in the
EU in the most strategic sectors.
• Deploy manufacturing projects at scale by speeding-up and simplifying permits for
manufacturing projects, as well as by facilitating the development of industrial
clusters in industrial manufacturing acceleration areas (‘acceleration areas’).
To achieve these objectives, the proposal introduces a balanced regulatory approach to
enhance the competitiveness of the industry and mitigate, as well as prevent, strategic
dependencies in key sectors. It is limited to the set of minimum requirements necessary to
address the problems currently faced by a selected number of strategic sectors, without unduly
constraining the market and technological development or disproportionately increasing the
cost of specific materials and products. Moreover, the proposal sets a framework to streamline
permitting procedures and promote a coordinated approach to investment projects across the
Union.
• Consistency with existing policy provisions in the policy area
The proposal responds to the Clean Industrial Deal, the ‘Competitiveness Compass for the
EU’ and the Joint Communication on Strengthening EU Economic Security, all of which
acknowledge the need for urgent action to safeguard the EU’s future as an economic
powerhouse, an investment destination and a manufacturing centre. It delivers on the
Automotive Action Plan, which states that public support benefiting the automotive industry
will be made conditional on resilience and sustainability criteria and calls on the Industrial
Accelerator Act to promote Made in EU requirements on battery cells and components in EVs
sold in the EU, in line with the Union’s international commitments.
It also delivers on the Automotive package, adopted on 16 December 2025, which, inter alia,
provides for the granting of super-credits for small affordable electric vehicles made in the
Union prior to 2035 and amends the 2035 emissions reduction target, with the remaining
emissions to be compensated through the use of low-carbon steel made in the Union or
EN 5 EN
renewable and low-carbon fuels. This proposal16, which amends Regulation (EU) 2019/631,
empowers the Commission to adopt delegated laying down the criteria under which products
within its scope may qualify as ‘small zero-emission vehicles made in the Union’ or ‘low-
carbon steel made in the Union’. The Automotive package also includes a proposal for a
Regulation on clean corporate vehicles17. This proposal limits financial support for corporate
vehicles to zero- and low-emissions corporate vehicles and empowers the Commission to
adopt delegated acts setting out the methodology for determining the criteria for ’made in the
European Union’. To ensure coherence across the three instruments and legal certainty, this
Regulation provides harmonised definitions of ‘small affordable electric vehicles made in the
Union’ ‘low-carbon steel made in the Union’ and ‘corporate cars and vans made in the
European Union’. Accordingly, the proposals of 16 December 2025 should be adapted to refer
to the horizontal approach adopted in this Regulation, rather than to delegated acts, in order to
ensure consistency of the legal framework.
This Regulation is consistent with the Union Customs Code, which lays down the Union’s
non-preferential rules of origin. For the purposes of determining the origin of products
covered by this Regulation, the Union’s non-preferential rules of origin, as established under
that Code, apply.
• Consistency with other Union policies
The IAA contributes to the legislation relevant for EU economic security, industrial
competitiveness and decarbonisation. Given the role of energy-intensive industries and net-
zero technologies in many sectors of the economy and industrial value chains, several sets of
European policies and legislation are relevant.
First, the IAA is consistent with and complements the Net Zero Industry Act (NZIA) by
extending streamlined permitting provisions, such as single points of contact and time limits
to all energy-intensive industrial decarbonisation projects, and by introducing Made in EU
requirements for some specific net-zero technologies components, in order to prevent
circumvention, further build EU manufacturing capacity as well as resilient and competitive
domestic value chains.
Second, the proposal is consistent with the European Climate Law, as it aims to contribute to
achieving the climate neutrality goal by supporting investments in the decarbonisation of
industry and in net-zero technologies.
Third, the proposal is consistent with the most recent initiatives to streamline permitting
procedures and enhance the competitiveness of the automotive sector. In particular, the IAA
aims to streamline key permitting processes, notably through digitalisation and the reuse of
data. It builds on the menu of measures made available under the Environmental Permitting
proposal, applying it to the specific needs of the sector.
The proposal is also consistent with other EU legislation aimed at supporting the
transformation of the European industry to a clean, circular and climate neutral economy. For
example, the IAA is consistent with and complements forthcoming product-specific
environmental legislation. In the construction sector, it complements the Construction
Products Regulation (CPR), including the harmonised standard for GHG emissions and the
planned low-carbon concrete label. In the steel sector, the forthcoming delegated act on steel
products under the Ecodesign for Sustainable Products Regulation (ESPR) will provide the
16 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU)
2019/631 as regards CO2 emission performance standards for new light duty vehicles and vehicle
labelling and repealing Directive 1999/94/EC. 17 Proposal for a Regulation of the European Parliament and of the Council on clean corporate vehicles.
EN 6 EN
necessary elements to implement the lead market provisions for steel taking into account the
differing decarbonisation characteristics of primary and secondary steel producers and
rewarding circularity. In designing labelling and information requirements based on
performance thresholds for different products, such thresholds should take account of the
recycled content of the industrial product, the threshold decreasing with the increase of
recycled content in the products, where relevant. Similarly, the IAA complements the
Batteries Regulation, which sets the framework for environmental ambition for EU battery
manufacturing, allowing lead market provisions under the Accelerator Act to focus on Made
in EU requirements. It complements the upcoming environmental performance rules for PV
modules under the Ecodesign and Energy Labelling by promoting EU manufacturing of
compliant products. In terms of boosting low-carbon and bio-based solutions it aligns with the
new EU Bioeconomy Strategy.
The proposal is also consistent with the rest of the EU climate legislation. The EU Emission
Trading System (EU ETS) is the main climate policy instrument to reduce GHG emissions
and plays a central role in incentivising emission reductions in energy-intensive industries as
well as power generation. This proposal complements the price signal provided by the EU
ETS, supporting the creation of lead markets for low-carbon industrial products. It is also
aligned with the Carbon Border Adjustment Mechanism Regulation (CBAM).
In terms of upcoming initiatives, the Circular Economy Act proposal will complement the
IAA by boosting recycling and access to secondary raw materials, reducing dependencies and
vulnerabilities also for energy-intensive industrial products. Consistency between the sector
specific measures in the Accelerator Act and the overarching framework of the upcoming
Public Procurement revision will also be ensured.
The proposal takes into account the Union’s international commitments in public procurement
under the WTO Agreement on Government Procurement (GPA), and relevant bilateral EU
trade agreements. Operators established in countries covered by such commitments can
benefit from enforceable access to specific procurement procedures defined in the relevant
coverage schedules. These commitments are structured across categories of contracting
authorities, including central government, sub-central authorities, bodies governed by public
law and utilities, and across procurement types such as goods, services and construction
works. Their applicability therefore depends on the contracting authority conducting the
procurement and the subject matter of the contract. Besides, the Union retains the right to
apply general or security exceptions.
As a result, the Union’s procurement commitments do not confer uniform or comprehensive
access to all partners, and it is not possible to establish a single list of third countries with
fully secured access to the entire EU procurement market. Detailed information on
procurement commitments and supplier eligibility is available to contracting authorities18,
which supports the consistent application of international procurement obligations while
preserving the Union’s ability to pursue its policy objectives as set out in this proposal.
While the IAA establishes the framework for what ‘Made in Europe’ procurement entails,
covering energy-intensive industrial products, net-zero technologies and automotive
components, the forthcoming revision of the public procurement legal framework will clarify
how such procurement is to be carried out. In particular, it will integrate and implement
sector-specific requirements set out in relevant legislative acts within a common procurement
18 Detailed information is available through the European Commission’s “Procurement for Buyers” tool
on the Access2Markets portal and will help EU contracting entities to find out which bidders are
eligible to participate in public procurement procedures in EU member states, based on the provisions
of the WTO Agreement on Government Procurement (GPA) and bilateral EU trade agreements.
EN 7 EN
framework and, for key sectors, provide contracting authorities with clear tools to give
preference to tenders composed mainly of European products. This approach ensures
coherence and legal certainty for both public buyers and economic operators.
The proposed Regulation also takes account of the Union’s trade defence instruments,
including the recently proposed measure addressing the negative effects of global
overcapacity on the EU steel market. In addition, it operates in complementarity to the
existing Foreign Direct Investment framework, which is about security and public order.
Finally, the proposal is without prejudice to the application of the EU’s competition rules.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Legal basis
The appropriate legal basis is Article 114 of the Treaty on the Functioning of the European
Union (‘the Treaty’) which allows the Union to adopt harmonisation measures. Given the
complexity and transnational character of resilience and industrial decarbonisation, such
measures are needed to ensure the proper functioning of the Single Market in particular for
strategic sectors.
Moreover, it is also necessary to use Article 207 of the Treaty on the EU common commercial
policy as an additional legal basis regarding certain measures introduced under this
Regulation. Provisions on foreign investments capture a specific set of sectors to ensure
minimum investment conditions, and value-added production in the Union. Therefore, the
provisions are primarily aimed at the proper functioning of the Single Market. Nevertheless,
foreign direct investments are explicitly included in the scope of the EU common commercial
policy.
• Subsidiarity (for non-exclusive competence)
Competitiveness, sustainable prosperity, economic security and decarbonisation are matters of
high EU relevance. No single Member State alone is capable of effectively addressing
industrial decarbonisation due to the integrated nature of the challenge: energy markets,
climate change mitigation efforts and the need for the proper functioning of the Single Market
for energy-intensive industrial products and net-zero technologies. The competitiveness
challenges currently facing industry are likely to prompt Member States to implement
unilateral measures. While such efforts may be justified, leaving them uncoordinated risks
negatively impacting the functioning of and fragmenting the Single Market, making the EU
more vulnerable to external shocks and unable to leverage the assets of the Single Market to
deliver benefits to local and European ecosystems.
A harmonised EU-level approach is therefore necessary under Article 114 TFEU to ensure the
well-functioning of the Single Market and to address the challenges of resilience and
industrial decarbonisation, while safeguarding the EU’s competitiveness. The measures
included in this initiative would not be as effective (if at all) if implemented by Member
States acting alone, as the challenges they address concern the Single Market. They are not
limited to individual Member States or to a subset of Member States, but they relate to the EU
industrial base and EU-wide value chains. In addition, measures implemented at Member
States’ level only are unlikely to adequately meet the needs of closely interconnected supply
chains within the Single Market and could lead to further market fragmentation and risks of
supply chain disruption.
Furthermore, climate change is a trans-boundary challenge requiring both international and
EU-level action to effectively complement and reinforce measures taken at regional, national
and local levels. The cost of inaction is pan-European. The necessary industrial
EN 8 EN
transformation will impact many sectors across the EU economy, making coordinated action
at the EU-level indispensable to drive transformative, just and cost-effective transition and
upward convergence. Uncoordinated national measures risk imposing diverging rules on
market operators, non-harmonised public procurement practices, such as under green public
procurement practices, and permitting procedures, and ultimately undermining the functioning
of the Single Market.
Without further EU action, the status quo is likely to persist, increasing the risk of the EU
losing strategic industrial capacities and capabilities, of the Single Market to be further
fragmented, and of the EU becoming critically dependent on third countries for green, digital,
defence, and economic security objectives. This in turn could have negative implications on
the Union’s economic security, social and territorial cohesion, primarily through impacts on
employment, regional development, and equitable access to industrial opportunities.
In line with this logic, the proposed actions focus on areas where there is a demonstrable
value added in acting at Union level due to the scale, speed and scope of the efforts needed -
actions aimed at improving the business case for EIIs to invest in decarbonisation and for EU
strategic sectors and technologies to strengthen their competitiveness.
Article 5(3) TEU provides that the principle of subsidiarity applies in areas which do not fall
within the exclusive competence of the Union. Article 3(1)(e) TFEU provides that the Union
has exclusive competence in the area of common commercial policy. Article 207(2) TFEU
falls into the category of exclusive competences. Therefore, the question of subsidiarity does
not arise insofar Article 207 TFEU is used as an additional legal base for measures
implementing the Union’s common commercial policy.
• Proportionality
The proposed measures meet the principle of proportionality, demonstrating added value in
acting at the EU level due to the scale, urgency and scope of the efforts needed.
The measures on permitting will impose obligations on Member States to streamline
processes. The digitalisation of the permitting procedures will lead in the long term to time
and cost savings for both authorities and businesses, enabling the acceleration of clean
manufacturing and industrial deployment across the EU.
The low-carbon and made in EU requirements are proportionate to the European industrial
production capacities and designed as to not place significant financial burdens on the
Member States’ administrative budgets. Establishing lead markets is pivotal to increasing the
competitiveness of the key sectors and technologies, thereby strengthening the EU’s industrial
base and ensuring autonomy in these strategic sectors.
Mandatory conditions on foreign direct investment are necessary to achieve the objective of
maximising the benefits of these investments across Member States, strengthening the Single
Market benefits and leveraging the access to the Single Market. They will ensure investment
comes with know-how development, job creation, and value chain integration.
The measures on industrial manufacturing acceleration areas leave Member States responsible
for identifying and designating such areas, while providing benefits aimed at enabling better
and more competitive conditions for the manufacturing industry.
• Choice of the instrument
A regulation is considered the most appropriate instrument as it makes it possible to set
requirements that apply directly to national authorities and relevant economic operators. This
will help ensure that the requirements are implemented in a timely and harmonised way,
leading to greater legal certainty.
EN 9 EN
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
In line with the Better Regulation Guidelines, the Commission carried out a comprehensive
stakeholder consultation process, with the aim of collecting reliable information using a range
of methods, consulted parties and tools. The Commission ran multiple activities: an online
open consultation between April 15th and July 8th 2025 (314 responses and 133 attached
position papers); a call for evidence for the impact assessment (295 replies); a targeted
consultation open to associations and companies from the EIIs sector (62 responses); a reality
check workshop open to companies from the EIIs sector (40 participants); a reality check
workshop on EU low-carbon steel label, open only to steel companies (34 participants); a
reality check workshop open to Member States (46 participants), with all three reality checks
including the possibility to submit position papers; and a targeted consultation open for the
battery ecosystem and its downstream sectors (63 respondents). The results of the public
consultation are summarised in the factual summary report published with the answers to the
call for evidence on the ‘Have your say’ portal.
Overall, stakeholders argued the challenges faced by the EU energy-intensive industries as
being the lack of sufficiently affordable, renewable energy, unfair international competition,
high capital and operational costs attributed to decarbonisation, low willingness for
downstream sectors to pay for green premium, complex, long permitting procedures and
difficulty accessing funding for decarbonisation projects.
The Commission received broad support for the idea of creating and protecting lead markets
for low-carbon, EU made industrial products, as a key mechanism to stimulate demand and
foster investment in decarbonisation. Similarly, stakeholders agreed that the creation of lead
markets will serve to protect the competitiveness of EU clean tech and automotive industries.
They further confirmed that Made in EU requirements are important for ensuring that the
market for low-carbon industry products and clean tech products is not undermined by non-
EU competition. The majority of stakeholders from the batteries sector also supported Made
in EU requirements in various policy measures, for both public procurement and products
placed on the market. Streamlining and speeding up permitting procedures saw a high
support, in particular from SMEs, which have less resources to manage the administrative
workload. Stakeholders viewed provisions for foreign investment positively, noting that such
measures could attract much-needed capital along with additional benefits.
• Impact assessment
In line with the Better Regulation Guidelines, this regulatory proposal is based on an impact
assessment that analyses the problem and sub-problems related to the need for the EU
industry to accelerate the decarbonisation of processes and products, in a global context of
competitiveness challenges. The impact assessment identifies possible policy options to
address problem-drivers and assesses their likely impacts. The impact assessment was
structured to reflect the consultation of the Commission’s Inter-Service Steering Group on the
Industrial Accelerator Act.
The impact assessment received a negative opinion from the Regulatory Scrutiny Board
(RSB) on 26 September 2025. The Board recommended to:
EN 10 EN
• Develop the dynamic baseline, including a better explanation of the magnitude of
decarbonisation investment slowdown and decarbonisation speed gap.
• Improve analysis on problem drivers, including drivers related to permitting and
FDIs, and, based on this, revise the general and specific objectives in a S.M.A.R.T
manner, as well as improve the measures.
• Conduct a more in-depth analysis of the availability and economic viability of
industrial decarbonisation technologies, and the demand for low-carbon alternatives,
including price elasticity and substitutability.
• Improve, by better quantifying, the costs and benefits analysis, including the
improvement of Annex 3.
• Acknowledge the robustness of the modelling for the costs and benefits analysis, and
transparently report the assumptions used for the calculation.
All the above-mentioned points were addressed to the best extent possible. When the revised
impact assessment was resubmitted, the Board issued a positive opinion with reservations on
20 November 2025. The reservations pointed at the need to improve the analysis on the
expected impacts of the general objective, as well as the interplay with economic security
implications. It also noticed the need to further explain the limitations related to the
modelling, as well as the cost benefit calculations and impacts on consumers and downstream
sectors. The comments have been addressed via an improved analysis and to the extent
feasible. The Board’s opinions as well as the final impact assessment and its executive
summary are published together with this proposal.
The impact assessment is built around a set of 5 specific objectives that tackle the problem
drivers identified. It sets out three policy options for each specific objective, based on the
level of policy intervention, the scope, the efficiency and coherence, as well as the
proportionality and subsidiarity principles.
Policy option 1 (PO1) proposes a carbon intensity label for all energy-intensive sectors. It
aims to create lead markets, by introducing low-carbon requirements for energy-intensive
materials (steel, cement19 and aluminium) in selected downstream sectors (automotive and
construction) in public procurement and support schemes. It also proposes introducing
minimum Made in EU requirements for batteries, solar PV systems and vehicle components
in public procurement procedures and for public support schemes. Regarding the objective of
maximising benefits for FDIs, it introduces voluntary conditions for investments above a
specified threshold for battery supply chain and potentially for relevant EIIs. To streamline
permitting, the option proposes a unified digital procedure for all permits, applicable to the
entire manufacturing sector. Lastly, it recommends Member States to facilitate public funding
for projects in industrial areas.
Policy Option 2 (PO2) builds upon the first option by broadening the scope and
requirements. Regarding lead markets, under PO2, low-carbon and Made in EU requirements
are introduced for steel, cement and aluminium used in selected downstream sectors
(automotive and construction) in public procurement and support schemes. Conditions for
specific investments are mandatory rather than voluntary. PO2 increases support for the
permitting process by introducing additional measures dedicated to EIIs. Lastly, it requires,
instead of recommends, Member States to designate industrial areas. The label decreases
19 For the lead markets measures related to cement, the requirements are established at the level of
concrete and mortar, as these are the relevant final products used in construction.
EN 11 EN
however its scope by mandating a specific carbon intensity label for steel, with detailed rules
that can later be expanded to include other energy-intensive materials.
Policy Option 3 (PO3) further extends the previous two options. On lead markets, it
introduces low-carbon and Made in EU requirements for all steel, cement and aluminium
placed on the market for use in automotive and construction It also extends Made in EU
requirements to all batteries, solar PVs and key vehicle components placed on the market. On
permitting, it introduces dedicated measures for industrial areas.
Overall, the preferred option is PO2, as it would meet the objectives in the most effective and
efficient way. It also has a more positive impacts in terms of proportionality that the other two
options, as it suggests introducing low-carbon and made in EU for public procurement and
public support only, while also showing the most coherence. PO2 could bring about one-off
net reductions of about EUR 240 million in terms of administrative burden for businesses,
mainly from permitting provisions (see Annex 4 of the impact assessment). The costs and
benefits analysis concluded that PO2 results in overall net benefits of about EUR 8 billion for
the economy in 2030, despite showing some adjustment costs for downstream sectors
impacted by the low-carbon and/or Made in EU requirements. However, these losses are
largely offset by long-term benefits in terms of value-added creation enhanced economic
security, resilience and job creation of the European strategic industries, which ultimately
provide stability and sustainable economic prosperity. PO3 would be more effective in
achieving certain objectives, especially concerning the lead market provisions, but it would
disproportionately increase the costs for the economy.
Differences compared to the preferred option in the impact assessment
The proposal for the Regulation contains measures that diverge from the preferred policy
option presented in the impact assessment, namely:
• Concerning permitting procedures, specific measures for industrial manufacturing
clusters (namely, tacit approval at intermediate stages and priority assessment of
connection requests), which were not in the preferred policy option, have been
introduced, in view of the synergetic benefits expected with the rest of the provisions
on industrial manufacturing acceleration areas.
• In terms of scope, the provisions on public procurement procedures, auctions and
support schemes cover additional net-zero technologies than those analysed in the
impact assessment. The proposal introduces Made in EU requirements also for solar
thermal, heat pumps, wind, nuclear fission, and hydrogen, in line with the goal of
increasing EU’s economic security, resilience, sustainability and security of supply.
A dedicated annex in the impact assessment has been added to present the key
impacts of these measures. While batteries and solar PV already today face a unique
combination of high global overcapacities and high EU dependencies on single
sources of supply, the other net-zero technologies in scope face intense (not always
fair) global competition and could experience similar market developments.
Therefore, the Commission has decided to introduce such provisions, in order to
anticipate and mitigate potential future supply and market risks.
Regarding steel, the proposal limits requirements for steel used in the automotive and
construction sectors to low-carbon criteria (rather than combining low-carbon and
EU-origin requirements) within the framework of public procurement and support
schemes. In light of the recently proposed trade measure addressing the negative
EN 12 EN
trade-related effects of global overcapacity on the Union steel market, introducing a
European preference for steel is not considered necessary.
• For the purposes of compliance with the low-carbon requirements, concrete will be
considered low-carbon where it meets the criteria for “low-carbon concrete” laid
down in the implementing measures adopted under the Construction Products
Regulation (CPR). Likewise, low-carbon steel products used in construction and
covered by a harmonised technical specification must comply with the low-carbon
definition established under the CPR framework. Steel products falling outside the
scope of the CPR will be considered low-carbon where they meet the conditions for
“low-carbon steel” to be set out in the delegated acts under the ESPR. This approach
will ensure regulatory consistency with the existing product specific legislation.
• In addition, the proposal includes amendments to Article 25 of NZIA on public
procurement to clarify the technology scope in including only technologies that are
commonly publicly procured. It also includes changes in Article 26 of NZIA in
relation to auctions. This is to take account of the growing importance of auctions for
securing the Union’s energy supply and safeguarding its technological sovereignty. It
also includes amendments to Article 1 and 22 of the Construction Products
Regulation.
• The proposal does not follow the preferred policy option to adopt a voluntary steel
label in support of low-carbon steel investment decisions. Instead, the focus is put on
implementing rapidly existing commitments, such as in the context of the ESPR, and
to design an empowerment to be able to supplement the lead market provisions with
the development of voluntary labels on the low-carbon performance classes of
energy-intensive industrial products.
All these measures remain within the overall framework assessed in the impact
assessment and do not significantly affect the comparison of options. For clean
technologies, the scope extension implies that the resulting impacts on electricity
markets could be of higher magnitude, including for downstream users. However, the
same safeguards that were analysed in detail for batteries and solar apply as well to
other net zero technologies.
• Regulatory fitness and simplification
This proposal is designed to mitigate the impacts of Union origin and low-carbon
requirements, and foreign direct investment conditionalities, on regulatory burden. Other parts
e.g. on permitting directly reduce it for economic operators.
The administrative costs for businesses that will apply directly with this Regulation are
expected to be offset by efficiency gains from streamlined permitting and long-term benefits
in terms of greater resilience of supply chains. They relate to obligations to demonstrate
compliance for lead market provisions for companies operating in relevant downstream
sectors. In terms of conditionalities on investments, the uniform application of the conditions
across the Union would largely prevent forum shopping and race to the bottom in attracting
foreign investments, while harmonising and simplifying the business conditions.
For Member States, additional administrative costs are expected, connected to the monitoring
and implementation of lead markets provisions in public procurement and support schemes.
Similarly, the implementation of conditions on foreign investment, including prescription,
monitoring and penalising, will add to the administrative costs. Permitting provisions are also
expected to increase costs for public authorities in the short term, while, on the other hand,
digitalisation and simplification will deliver substantial cost and time savings in the medium
EN 13 EN
and long term, for both the industry and public authorities. Lastly, the designation of
acceleration areas as well as implementation of benefits for industrial areas will come with an
additional administrative cost for Member States, against the benefits for individual
companies operating within the areas.
• Fundamental rights
Article 16 of the Charter of Fundamental Rights of the European Union (‘the Charter’)
provides for the freedom to conduct a business. The measures under this proposal create
innovation capacity and foster demand for energy-intensive industrial products in the Union,
which can reinforce the freedom to conduct a business in accordance with Union law and
national laws and practices.
4. BUDGETARY IMPLICATIONS
The proposal has budgetary implications for the Commission. Specifically, it will require
approximately 6 full-time equivalents per year to implement, an additional recurring cost of
EUR 20 000 per section for the expansion of Annex 1 of the SGDR with the envisioned
permitting provisions and a one-off cost of EUR 20 000 for investment in the back-end of the
Single Digital Gateway (SDG) system. Compared to the Impact assessment report, the figures
have been adjusted to reflect to wider scope of the measures proposed in the Act.
The budget implications are mainly to carry out the work foreseen to (i) review foreign direct
investment notifications submitted by the Investment Authorities within Member States; (ii)
monitor enforcement of Member States’ obligations on lead market provisions; and (iii)
implement the expansion of Annex II of the SGDR and the back-end SDG system to meet
permitting provisions.
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
The Commission will evaluate the coherence, results, impacts, proportionality and
subsidiarity of this proposal three years after the date on which it becomes applicable. A
review clause is proposed after five years, to assess whether lead market provisions remain
necessary in light of market developments, or whether such measures should be considered
for other sectors critical to the EU’s economic security. The measures proposed are conceived
as targeted and time-bound interventions to accelerate the Union’s industrial capacity and
boost economic security of strategic sectors only. This guarantees that the tailor-made
approach remains flexible, evidence-based and can be adapted to the evolving needs of
Europe’s industrial base.
In order to conduct the evaluation, Member States and national competent authorities will
provide necessary and relevant information to the Commission, as appropriate, at its request.
• Detailed explanation of the specific provisions of the proposal
Chapter I of the Regulation outlines the general provisions of the Regulation, including the
subject matter, namely the improvement of the functioning of the internal market by
establishing a framework to ensure the Union’s access to a secure, sustainable, and resilient
supply of relevant manufacturing products and their supply chains, the scope of the
Regulation, the industrialisation objective and the definitions needed for the purposes of this
Regulation.
Chapter II outlines the enabling conditions for industrial production and decarbonisation. It
sets out provisions that ensure streamlined, efficient and digital permit-granting procedures
EN 14 EN
for industrial manufacturing projects. It also introduces provisions on permit-granting
procedures for energy-intensive industry decarbonisation projects and net zero industry
projects.
Chapter III establishes a framework for the application of Union origin and low-carbon
requirements to certain products and services from strategic sectors in the context of public
procurement and public support schemes.
It sets out low-carbon requirements for steel, and Union origin and low-carbon requirements
for concrete and mortar and aluminium used in specific downstream sectors, namely
buildings, infrastructure and transport, as well as Union origin requirements for vehicles. In
addition, it provides an empowerment for laying down demand-side measures concerning
products from the chemical industry.
Chapter IV establishes the framework for the imposition of conditions on foreign direct
investments in emerging strategic sectors, where the investment value exceeds EUR 100
million. Such investment will not take effect until the relevant conditions have been fully
complied with. The Investment Authorities designated by Member States will be responsible
for reviewing and monitoring compliance with those conditions, with the Commission playing
a coordinating role.
Chapter V establishes a framework for the designation of industrial manufacturing
acceleration areas by Member States based on a defined set of criteria. These areas are
intended to facilitate the geographical clustering industrial activities and to promote
favourable conditions for the industries established therein. Industrial manufacturing
acceleration areas will be developed in synergy with other Union initiatives.
Chapter VI establishes the common, final provisions of the Regulation by setting out
implementation rules, including evaluation, monitoring, review, exercising the delegation
power and penalties. It also includes amendments to Regulation (EU) 2018/1724 [Single
Digital Gateway Regulation]; Regulation (EU) 2024/1735 [Net-Zero Industry Act], including
provisions on origin requirements for public procurement procedures; cybersecurity
requirements for public procurement and strengthened cybersecurity provisions for auctions;
origin requirements for auctions and for other types of public intervention. Finally, it includes
amendments to Regulation (EU) 2024/3110 [Construction Products Regulation] in order to
ensure coherence and synergies with, and to support the objectives of, this proposal.
Annex I sets out the list of sectors for industrial manufacturing acceleration areas.
Annex II defines low-carbon content requirements, Union origin requirements, or both, for
certain products of energy-intensive industries in the context of public procurement
procedures and public support schemes.
Annex III sets out Union origin requirements for vehicles for public procurement procedures
and public support schemes. It also sets the criteria for a small zero-emission vehicle to be
considered ‘made in the EU’ for the purposes of Article 5 of Regulation 2019/631.
Annex IV sets out the amendment to Annex II to Regulation (EU) 2018/1724.
EN 15 EN
2026/0068 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
establishing a framework of measures for the acceleration of industrial capacity and
decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724,
(EU) 2024/1735 and (EU) 2024/3110
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 114 and 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee20,
Having regard to the opinion of the Committee of the Regions21,
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) The global COVID-19 pandemic, Russia’s illegal and unprovoked war of aggression
against Ukraine, hostile economic actions, cyberattacks, foreign interference, the
weaponisation of Union economic dependencies, arbitrary deployment of trade
measures, the increasing effects of climate change and rising geopolitical tensions
have exposed the Union’s vulnerabilities and pose a serious threat to the Union’s
societies, economies, and undertakings. The Union’s economic security is therefore
inextricably linked to its capacity to strengthen resilience and mitigate risks arising
from hostile economic interconnections. The Union is committed to protecting its
economic security and addressing threats to its supply chains, infrastructure, key
technologies and threats coming from the weaponisation of its economic
dependencies22. The Union’s economic security and social cohesion are inextricably
linked to its capacity to strengthen its resilience and mitigate the risks arising from
economic interconnections. That requires the strengthening of the resilience of its
supply chains and the safeguarding of its internal market and industrial capacity, while
maintaining territorial, social and economic cohesion, including by fostering a strong
and competitive industrial base in selected strategic sectors, such as clean and digital
technologies, energy-intensive industries and the automotive sector, to secure access to
strategic materials and technologies and retain high-quality jobs in the Union.
20 […] 21 […] 22 https://www.consilium.europa.eu/en/policies/european-economic-security/
EN 16 EN
(2) The European Economic Security Strategy23, and the Economic Security
Communication of 3 December 202524 clearly set the Union’s pathway towards
addressing geo-economic tensions and technological shifts to avoid economic
dependencies in critical industrial supply chains, technologies and infrastructures
which can lead to local shortages and threaten the Union’s competitiveness, economy
and ultimately its social cohesion.
(3) Despite the Union’s objectives of economic security, resilience, quality jobs and
climate neutrality, manufacturing capacity has decreased over the last 20 years. The
share of manufacturing in total GDP has declined from 17.4% to 14.3% between 2000
and 2024. It is therefore necessary to strengthen economic resilience, competitiveness
and job creation, while also ensuring that the Union’s climate and energy targets are
met. The Union’s manufacturing capacity should aim to account for at least 20% of
the Union’s gross domestic product by 2035. The development of industrial
manufacturing projects within the Union should be facilitated to contribute to that
objective.
(4) The challenges posed by the need for industrial decarbonisation and for a resilient
industrial production are complex and transcend national borders. Fragmented national
measures aimed at tackling those challenges risk undermining the functioning of the
internal market. Measures adopted by individual Member States could lead to
divergent requirements imposed on market operators, inconsistent procurement
practices and divergent permit-granting procedures across Member States. Such
measures could create obstacles to cross-border trade within the Union and distortions
on the internal market, undermining investor confidence, increasing costs, and
redirecting investment flows within the Union. It is therefore necessary to establish
harmonised measures to ensure the proper functioning of the internal market.
(5) To ensure legal certainty, reference should be made to the most recent revision of the
European Classification of Economic Activity (NACE, Rev. 2). In order to ensure
consistency with existing Union legislation and enable the uniform application of this
Regulation across the Union, industrial manufacturing as well as energy-intensive
industries should be defined by referring to the NACE classification codes25.
(6) Energy-intensive industries are a key pillar of the Union’s prosperity. They enable a
wide range of downstream industries and contribute to the Union’s economy by
creating jobs, supporting growth and fostering innovation. However, they also account
for around 22.3% of the Union’s greenhouse gas emissions and require substantial
investments in decarbonisation, leading also to reduced pollution. The combination of
high energy prices, the need for large-scale decarbonisation investments and unfair
global competition places energy-intensive industries at a competitive disadvantage,
and there are growing signs of industrial decline.
(7) Net-zero technologies are pivotal to achieving the Union’s energy and climate targets.
They play a crucial role in reducing greenhouse gas emissions and enabling the
decarbonisation of a wide range of economic sectors, including building, transport and
the industry. They are also key in advancing sustainable energy solutions, by enabling
23 Joint Communication to the European Parliament, the European Council and the Council on “European
Economic Security Strategy” (JOIN/2023/20 final). 24 Joint Communication to the European Parliament and the Council on Strengthening EU economic
security (JOIN(2025)977 final). 25 With the exception of NACE Code C12, e-liquids used in vaping devices and nicotine-containing
products under C20.59 and manufacture of electronic cigarettes and tobacco heating devices under
C32.99 (unless they are authorised as medicinal products or certified as medical devices).
EN 17 EN
the decarbonisation of the energy supply and providing innovative solutions to enable
the needed expansion and digitalisation of electricity grids and the energy system as a
whole. However, the Union’s net-zero technology manufacturing sector faces
significant challenges, including increasing global competitive pressures and supply
chain vulnerabilities which endangers the Union’s competitiveness and economic
resilience.
(8) The bioeconomy is able to provide sustainable biomass and bio-based solutions for
industrial production. The Commission communication “A Strategic Framework for a
Competitive and Sustainable EU Bioeconomy”26 identifies lead markets, such as bio-
based plastics and polymers, bio-based chemicals and biobased construction products,
as well as lead technologies that can support the Union’s strategic autonomy and the
decarbonisation of the industrial sectors identified in this initiative.
(9) The automotive industry is a cornerstone of the Union economy. With a view to
delivering on the Union’s climate policy objectives, over the past years, the European
automotive industry has been investing heavily in the development of cleaner vehicles
and innovative components. Electric vehicles and electric vehicle components,
including traction batteries, e-powertrain components and electronic systems, are
essential technologies for advancing the decarbonisation of road transport. However,
as a result of costs disadvantage and the transformation of the value chain with an
increasing value share for batteries, e-powertrain and electronics, the level of Union
content in vehicles produced in the Union is decreasing. It is no longer possible to
postpone effective measures to avoid the risk of local production being displaced. In
the absence of such measures, the current circumstances would lead to a full reliance
on third countries for key vehicle components. That would be a serious threat to the
Union’s economic security and future resilience, as well as for its climate goals.
(10) The unpredictability, complexity and, at times, excessive length of national permit-
granting procedures undermine the cost-effectiveness of investments necessary for the
development of industrial activities. Therefore, and in order to ensure and speed up the
effective implementation of industrial manufacturing activities, Member States should
apply streamlined and digitalised permit-granting processes. A competent authority
should coordinate all permit granting processes and issue a comprehensive decision
within the applicable time limit.
(11) The implementation of single access points should be based on the European Business
Wallets established pursuant to [Proposal for a Regulation on the establishment of
European Business Wallets27], as they provide a secure, standardised, and
interoperable platform for businesses to interact with public sector bodies. This should
enable the efficient and effective submission of applications, while ensuring a high
level of data protection, cybersecurity, and integrity of information. The European
Business Wallets will also enable the streamlining of investments that were made and
the avoidance of unnecessary duplications, allowing for the optimisation of resources
and the reduction of administrative burdens for businesses. The implementation of
single access points should also, to the extent possible, use existing Union digital
infrastructures, catalogues and building blocks, including those developed under the
Once-Only Technical System and its implementing acts. This would promote
26 Communication from the Commission to the European, the Council, the European Economic and Social
Committee and the Committee of the Regions, A Strategic Framework for a Competitive and
Sustainable EU Bioeconomy (COM(2025)960). 27 Proposal for a Regulation of the European Parliament and of the Council on the establishment of
European Business Wallets (COM/2025/838 final).
EN 18 EN
complementarity, interoperability and the efficient use of public resources, while
avoiding duplication of existing digital solutions.
(12) In order to ensure streamlined and simplified permit-granting procedures, a single
application covering all necessary permits should be provided for all industrial
manufacturing projects except for the manufacturing sector under the C12 code. It
should not apply where specific permit-granting or licensing procedures or
requirements are established in Union harmonisation legislation for industrial
manufacturing projects, such as pursuant to Regulations (EU) 2024/173528 and (EU)
2024/125229 of the European Parliament and of the Council. Sectorial Union
legislation governing medicines and medical devices has recently undergone or is
undergoing further streamlining of harmonised rules and timelines for authorisations
and certifications, with options to speed up the process if necessary. Those rules
should therefore not be considered permit-granting procedures within the context of
this initiative.
(13) Regulation (EU) [202X/XX] of […]30 establishes a common acceleration framework
for environmental assessments in order to boost the Union’s roll out of key
technologies, reduce dependencies and strengthen competitiveness. Procedures linked
to environmental assessments should be accelerated and streamlined for plans,
programmes and projects across all sectors of the economy while maintaining high
levels of protection of human health and of the environment. Some sectors may,
however, require yet faster environmental assessments. Therefore, and in order to
safeguard the coherence of the legal framework of environmental assessments, while
allowing for the additional needs for acceleration in certain strategic sectors,
Regulation (EU) [202X/XX] establishes a dedicated toolbox that should therefore be
used in the context of this Regulation. Given their essential role in ensuring the
achievement of the Union’s climate objectives, and their contribution to the Union’s
resilience and economic security, energy-intensive industry decarbonisation projects,
industrial manufacturing projects located in industrial manufacturing acceleration
areas, and net-zero technology projects should be considered strategic projects within
the meaning of Regulation (EU) [202X/XX] and therefore benefit from the dedicated
toolbox established under that Regulation.
(14) Regulation (EU) 2024/1735 sets out provisions that streamline administrative and
permit-granting processes for net-zero technology manufacturing projects. Some
specific components in the supply chain of net-zero technologies are produced through
energy-intensive production processes. Energy-intensive industry decarbonisation
projects fall within the scope of Regulation (EU) 2024/1735 where the relevant
facilities produce components that are part of the supply chain of a net-zero
technology. However, energy-intensive facilities that do not produce components that
are used in net-zero technologies are currently excluded from the scope of
Regulation (EU) 2024/1735. This creates the risk of uneven conditions of between
28 Regulation (EU) 2024/1735 of the European Parliament and of the Council of 13 June 2024 on
establishing a framework of measures for strengthening Europe’s net-zero technology manufacturing
ecosystem and amending Regulation (EU) 2018/1724 (OJ L, 2024/1735, 28.6.2024, ELI:
http://data.europa.eu/eli/reg/2024/1735/oj). 29 Regulation (EU) 2024/1252 of the European Parliament and of the Council of 11 April 2024
establishing a framework for ensuring a secure and sustainable supply of critical raw materials and
amending Regulations (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (OJ L,
2024/1252, 3.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1252/oj). 30 Proposal for a Regulation of the European Parliament and of the Council on speeding-up environmental
assessments (COM/2025/984 final, 10.12.2025).
EN 19 EN
energy-intensive industries and slows down decarbonisation efforts. All energy-
intensive decarbonisation projects should therefore be subject to the same permit-
granting processes.
(15) The Union should adopt a more strategic approach in leveraging its economic weight
and the value of access to its internal market. In that context, the strategic use of public
intervention is essential to prevent critical dependencies in the Union. Public
procurement amounts to 15% of the Union’s GDP. Contracting authorities and entities
should therefore, where appropriate, ensure that public procurement requirements
foster economic security and resilience of supply chains. Public support schemes also
play an important role in stimulating demand in downstream sectors that account for a
significant share of demand for certain strategic products and technologies. Such
schemes should therefore favour beneficiaries that make a greater contribution to
strengthening the Union’s resilience and advancing its decarbonisation objectives.
Auctions are crucial for the deployment of net-zero technologies and should be
designed to foster demand for such technologies including components originating
from the Union.
(16) The Union and Member States maintain an open investment environment, as enshrined
in the Treaty on the Functioning of the European Union (TFEU) and embedded in
their international commitments. This includes commitments under the World Trade
Organisation Agreement on Government Procurement (GPA)31, as well as bilateral
trade agreements, to open public procurement procedures and other forms of public
intervention. At the same time, the Union retains the right to apply general or security
exceptions. The Commission will regularly assess whether the conditions for
excluding a third country from the scope of the provisions deeming content originating
in third countries to be equivalent to Union origin, are in place, and will take
appropriate action. Economic security aims at protecting and strengthening the internal
market. Member States cannot rely on economic security to prevent, condition, or
otherwise hinder in any way investments coming from other Member States.
(17) The progressive integration of candidate countries and potential candidates into the
Union’s internal market, including through their gradual participation in Union
policies and programmes, is essential to support their alignment with the acquis,
strengthen their competitiveness, promote their deeper integration into Union value
chains and enhance the Union’s economic security. This Regulation should therefore
contribute to fostering such gradual integration, including by facilitating the
participation of economic operators from those countries in Union-wide value chains,
Union public procurement, public support schemes and auctions where appropriate
and in line with the Union’s interests and objectives.
(18) Acknowledging the importance of the Union’s advancing towards greater strategic
autonomy and resilience, the Union should also recognise for reasons of
coherence the proactive efforts of partner countries to prioritise domestic participation
in economic activities, similar to the measures established within this Regulation. In
the context of implementing Union origin requirements within certain categories of
public procurement and public schemes procedures, the Union should thoughtfully
consider partner countries’ content conditions for strategic Union-funded or supported
investments in these partner countries, accepting its presence. This strategic approach
31 World Trade Organisation (WTO), Agreement on Government Procurement 2012, available at
https://www.wto.org/english/docs_e/legal_e/rev-gpr-94_01_e.pdf.
EN 20 EN
is expected to enhance mutual economic benefits, strengthen strategic partnerships,
and align with the Union’s overarching objectives of international partnerships.
(19) Demand-side measures should focus on establishing low-carbon requirements for
steel, cement and aluminium used in buildings, infrastructure and motor vehicles,
where appropriate, since those sectors are the most energy-intensive industries.
Targeted Union wide demand-side measures can help create lead markets for low-
carbon and Union-produced energy-intensive industrial products, supporting
decarbonisation while strengthening the Union’s industrial base.
(20) Downstream sectors that account for a large share of demand for certain energy-
intensive materials, such as the construction and automotive sectors, should be
prioritised under this Regulation when establishing low-carbon requirements, Union
origin requirements, or both. That is particularly appropriate given that such sectors
are significantly subject to public procurement and support schemes, while the share
of energy-intensive input in total production value is relatively small and therefore
minimises the impact of any price premium.
(21) In order to ensure regulatory consistency with existing Union product legislation,
steel, concrete and aluminium in construction should be considered low-carbon in
compliance with the requirements set out in the implementing measures adopted
pursuant to Regulations (EU) 2024/311032 and (EU) 2024/178133 of the European
Parliament and of the Council.
(22) The Clean Industrial Deal Communication34 highlighted the need to create lead
markets for industrial products with a low greenhouse gas emissions intensity,
including by promoting such products on the internal market through the
establishment of a Union labelling scheme, starting with the steel sector. That should
be seen in the context of Union products legislation already designed to introduce
labelling and information requirements, including comprehensive product labelling
requirements to be established under the delegated acts pursuant to Regulations (EU)
2024/3110 and (EU) 2024/1781. Considering the importance of both primary and
secondary steel production for the long-term resilience of the Union industrial base,
such requirements should be based on classes of performance that acknowledge the
different decarbonisation effort of the technologies’ routes, also rewarding circularity,
adjusting emission intensity thresholds based on percentage of scrap metal used in
production for those product categories that typically require primary steel production,
as necessary. It should also be possible to complement the delegated acts adopted
pursuant to Regulations (EU) 2024/3110 and (EU) 2024/1781 in order to support the
creation of lead markets by informing investment decisions towards products granted a
lower greenhouse gas intensity performance class, for industrial products not yet
regulated by a Delegated Act under Regulation (EU) 2024/1781, or covered in the
scope of products included in the working plan adopted in accordance with that
32 Regulation (EU) 2024/3110 of the European Parliament and of the Council of 27 November 2024
laying down harmonised rules for the marketing of construction products and repealing Regulation
(EU) No 305/2011 (OJ L, 2024/3110, 18.12.2024, ELI: http://data.europa.eu/eli/reg/2024/3110/oj). 33 Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing
a framework for the setting of ecodesign requirements for sustainable products, amending Directive
(EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (OJ L,
2024/1781, 28.6.2024, ELI: http://data.europa.eu/eli/reg/2024/1781/oj). 34 Communication From the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of The Regions, A Green Deal
Industrial Plan for the Net-Zero Age (COM/2023/62 final, 1.2.2023).
EN 21 EN
Regulation. To do so, it should be possible to establish voluntary classification
systems based on the greenhouse gas intensity of industrial products. To provide
environmental integrity and administrative feasibility, it is important to rely on well-
established and monitored emissions accounting methodologies. For domestic
installations and sub-installations, the EU Emissions Trading System (EU ETS)
provides relevant products benchmarks and system boundaries in Annex I to
Commission Delegated Regulation (EU) 2019/33135 and sound emissions accounting
rules in Commission Implementing Regulation (EU) 2018/206636. Concerning
imported products, in order to limit administrative burden, it is appropriate to enable
the use of data already verified in the context of the Carbon Border Adjustments
Mechanism (CBAM), in accordance with implementing rules adopted pursuant to
Article 7(a) of Regulation (EU) 2023/956 of the European Parliament and of the
Council37. In view of reflecting accurately the greenhouse gas intensity of the
industrial product, in addition to covering the direct emissions typically related to the
installation’s activities covered by Annex I of Directive 2003/87/EC of the European
Parliament and of the Council38, it is appropriate to also account for the most
important sources of indirect emissions, including those from electricity, hydrogen and
heat production used in the manufacturing process. To ensure consistency and limit
administrative burden, methodologies used to define low-carbon requirements under
this Regulation should make use of emissions of data reported under the EU ETS and
CBAM, where available and relevant.
(23) In order to ensure the attainment of the objectives of this Regulation, in particular the
creation of lead markets for European low-carbon industrial products, minimum
mandatory technical specifications should be provided for low-carbon and Union
origin requirements in public procurement procedures Those requirements should
apply to the procurement of those products in public supply contracts and in public
works, public services contracts and concessions, where those products will be used
for activities conducted under those contracts. In compliance with the public
procurement framework, those minimum mandatory technical specifications should
avoid artificially restricting competition and avoid favouring a specific economic
operator. Contracting authorities and contracting entities should conduct the public
procurement procedures in compliance with Directives 2014/23/EU39, 2014/24/EU40
35 Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional
Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of
Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8,
27.2.2019, ELI: http://data.europa.eu/eli/reg_del/2019/331/oj). 36 Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and
reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament
and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p.
1, 31.12.2018, ELI: http://data.europa.eu/eli/reg_impl/2018/2066/oj). 37 Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing
a carbon border adjustment mechanism (OJ L 130, 16.5.2023, p. 52, 16.5.2023, ELI:
http://data.europa.eu/eli/reg/2023/956/oj). 38 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a
scheme for greenhouse gas emission allowance trading within the Community and amending Council
Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, 25.10.2003, ELI:
http://data.europa.eu/eli/dir/2003/87/oj). 39 Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award
of concession contracts (OJ L 94, 28.3.2014, pp. 1-64, ELI: http://data.europa.eu/eli/dir/2014/23/oj). 40 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public
procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65,
ELI: http://data.europa.eu/eli/dir/2014/24/oj).
EN 22 EN
and 2014/25/EU41 of the European Parliament and of the Council and applicable
sectoral legislation. The Union origin of products and components should be
determined in accordance with the Union customs legislation.
(24) In order to ensure the feasibility of the requirements at reasonable cost and avoid
restricting competition, it is necessary to lay down the conditions under which
contracting authorities may, on an exceptional basis, decide not to apply the low-
carbon and Union origin requirements. Those conditions should cover cases where the
application of such requirements would result in technical incompatibilities in the
operation or maintenance of a project such as situations where the use of such products
would risk compromising the fulfilment of basic requirements for construction works
of the building or infrastructure, set out in Regulation (EU) 2024/3110. The
requirements laid down in this Regulation should apply exclusively to procurement
procedures falling within the scope of Directive 2014/23/EU, Directive 2014/24/EU
and Directive 2014/25/EU, that is, to procedures whose estimated value reaches or
exceeds the thresholds set out in those Directives. Accordingly, procurement
procedures not covered by those Directives, including those below the applicable
thresholds, should not be subject to the requirements established by this Regulation,
thereby avoiding disproportionate obligations for low-value procurements carried out
by contracting authorities, including at local level.
(25) The Automotive package adopted on 16 December 2025 includes a proposal to amend
Regulation (EU) 2019/631 of the European Parliament and of the Council42 to provide,
inter alia, for the granting of super-credits for small affordable electric vehicles made
in the Union prior to 2035 and amends the 2035 emissions reduction target, with the
remaining emissions to be compensated through the use of low-carbon steel made in
the Union or renewable and low-carbon fuels. The Automotive package also includes a
[proposal for a Regulation on clean corporate vehicles] which limits financial support
for corporate vehicles to zero- and low-emissions corporate vehicles ‘made in the
European Union’. In order to ensure legal certainty and consistency with Regulation
(EU) 2019/631 as amended and the [proposal for a Regulation on clean corporate
vehicles], this Regulation should lay down definitions of ‘small affordable electric
vehicles made in the Union’, ‘low-carbon steel made in the Union’ and ‘corporate cars
and vans made in the European Union’.
(26) In order to simplify procedures and reduce administrative burden, the verification of
compliance with the requirements laid down in this Regulation should not impose a
disproportionate burden on economic operators or contracting authorities. The
verification system should therefore be based on a self-declaration by economic
operators. Such approach is consistent with the general framework for public
procurement established by Directive 2014/24/EU, in particular Article 59 thereof,
which provides for self-declaration of compliance, subject to subsequent verification
of the successful tenderer. For vehicles, manufacturers should, at the time of issuing
the certificate of conformity in accordance with Regulation (EU) 2018/858 of the
41 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on
procurement by entities operating in the water, energy, transport and postal services sectors and
repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243). 42 Regulation (EU) 2019/631 of the European Parliament and of the Council of 17 April 2019 setting CO2
emission performance standards for new passenger cars and for new light commercial vehicles, and
repealing Regulations (EC) No 443/2009 and (EU) No 510/2011 (OJ L 111, 25.4.2019, p. 13, ELI:
http://data.europa.eu/eli/reg/2019/631/oj).
EN 23 EN
European Parliament and of the Council43, provide an accompanying document
certifying for the vehicles that comply with the relevant Union origin requirements.
This document should be equivalent to a self-declaration and form part of the
documentary evidence demonstrating compliance with the requirements set out in this
Regulation.
(27) To ensure that the requirements established by this Regulation remain appropriate
even as market conditions, technological developments and the climate and internal
market policy objectives of the Union continue to evolve, the Commission should be
empowered to revise the requirements based on objective criteria and monitoring
results. When assessing whether to revise Union origin requirements, low-carbon
requirements, or both, the Commission should take into account developments in the
relevant legislative frameworks, including the customs legislation on rules of origin,
Emissions Trading System laid down in Directive 2003/87/EC the Carbon Border
Adjustment Mechanism laid down in Regulation (EU) 2023/956, and trade defence
instruments.
(28) Investment, including from foreign entities, plays a critical role in fostering a strong
internal market and territorial cohesion, particularly by promoting innovation and
driving economic growth in the Union which is essential for its competitiveness.
However, in exceptional circumstances, particularly large investments originating
from third countries that hold a very significant market position in the global risk
disrupting important supply chains and the security of emerging strategic sectors that
are of particular importance in the development of the internal market. Divergent
conditions applied by Member States for such investments fragment the internal
market by creating unequal conditions for investors allowing investments that do not
contribute genuine added value to the Union economy while creating significant risk
for the development and supply security in these sectors and creating an incentive for
“regulatory arbitrage” by investors. Allowing such investments to proceed without any
conditions could mean that the added value creation associated with selected strategic
technologies and innovative manufacturing activities remains outside the Union,
which have detrimental effect for the Union’s supply security and technological
development in emerging strategic sectors. Moreover, unconditional exposure of the
internal market to such large investments risks putting into question the Union’s
technological advancements necessary for its twin transition and defence capabilities.
Therefore, the provisions of this Regulation should ensure that such large investments
coming from third countries that hold a particularly significant market position do not
disrupt the Union’s supply security and economic security, and ensure its
technological advancement in emerging strategic sectors. If such investments do not
provide for sufficient Union participation and technology transfer, the long-term
supply security of emerging strategic sectors is hampered due to lack of Union
capacities independent from the country holding a significant share of relevant global
supply. Furthermore, it has been observed that certain of such investments do not
involve meaningful employment of Union workers, which jeopardizes the
development of skills crucial for the development of emerging strategic sectors in the
internal market.
43 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the
approval and market surveillance of motor vehicles and their trailers, and of systems, components and
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC)
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1, ELI:
http://data.europa.eu/eli/reg/2018/858/oj).
EN 24 EN
(29) In order to ensure that the internal market remains attractive for investment, and that
investment adds value to the Union’s economy and society, it is necessary to establish
common conditions for foreign direct investment in manufacturing emerging strategic
sectors. Those sectors should be manufacturing sectors with innovative potential
where Union entities are not at or near the global innovation frontier, and where
appropriate Union capacities and participation should be ensured. Harmonised criteria
should apply to foreign investors of a third country which holds over 40% of the
global manufacturing capacity in emerging strategic sectors. To ensure the
effectiveness of the provisions of this Regulation, the Commission should monitor the
global manufacturing capacity of those sectors and publish the results.
(30) Greenfield foreign investments occur where the foreign investor or a foreign investor’s
subsidiary in the Union sets up new facilities or a new undertaking in the Union. Both
Greenfield and Brownfield foreign investments should fall within the scope of this
Regulation to the extent that they involve the acquisition of control over a Union target
or Union asset, as they both have the possibility to impact the well-functioning internal
market.
(31) The review of the investments and application of the harmonised conditions should be
carried out in accordance with this Regulation. It should take into account all
information available and adhere to the principle of proportionality. Moreover, all
measures taken by national authorities or the Commission with respect to the review
of foreign investments should comply with Union law, and in particular with Articles
49 and 63 TFEU.
(32) Therefore, the provisions of this Regulation should apply to foreign direct investments
in emerging strategic sectors in accordance with the thresholds established by this
Regulation, notwithstanding the screening mechanism established under Regulation
(EU) 2019/452 of the European Parliament and of the Council44. Moreover, the
provisions of this Regulation should also apply without prejudice to Union
competition law instruments, including Regulation (EU) 2022/2560 of the European
Parliament and of the Council45 and Council Regulation (EC) No 139/200446.
(33) The foreign direct investment criteria should capture emerging strategic sector
investments in the Union by third-country investors (‘foreign investors’) in the Union.
However, it could also be necessary to include investments in the Union by entities
that are controlled, directly or indirectly, by a third-country person or entity regardless
of the ultimate owner’s location (‘foreign investor’s subsidiary’), as they are equally
capable of disrupting the functioning of the internal market, including its supply and
economic security, due to the control exercised from the third country having a
significant market share Therefore, Investment Authorities should apply the
investment criteria where they are clearly needed to effectively ensure the protection
of public security, the supply and economic security, and environmental sustainability
in the Union, and where it is essential for the technological advancements of the
internal market for the green and digital transition and defence purposes. Moreover, to
44 Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019
establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I,
21.3.2019, p. 1, ELI: http://data.europa.eu/eli/reg/2019/452/oj). 45 Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on
foreign subsidies distorting the internal market (OJ L 330, 23.12.2022, p. 1, ELI:
http://data.europa.eu/eli/reg/2022/2560/oj). 46 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between
undertakings (OJ L 24, 29.1.2004, p. 1, ELI: http://data.europa.eu/eli/reg/2004/139/oj).
EN 25 EN
prevent the circumvention of the Regulation’s provisions, where no alternative
measures are reasonably available. To ensure the proportional application of
conditions prescribed to investments made by the foreign investor’s subsidiary, the
Commission should have the opportunity to assess the notification and request the
Investment Authority to prescribe certain conditions. Apart from review of foreign
direct investments made by the foreign investor’s subsidiary as established by this
Regulation, investments coming from other Union Member States should not be
conditioned or deterred.
(34) It is necessary to ensure a lasting link between the foreign investor and the Union
target, whether it is carried out directly by a foreign investor or through an entity
established in the Union and controlled by a foreign investor. However, that should
not apply to the acquisition of company securities that are intended purely for financial
investment and without any intention to influence the management or control of the
company (‘portfolio investments’).
(35) Restructuring operations within a corporate group and investments made in financial
institutions in application of a resolution tool as well as of write down and conversion
powers should fall outside of the scope of this Regulation. Internal restructurings
should only be excluded from the scope of application to the extent that they are
conducted solely for the purpose of the internal reorganisation of a Union target or of
the corporate group to which the Union target belongs, without resulting in any
changes in the beneficial ownership or control of the Union target. In particular,
internal restructurings should be excluded where they do not result in a situation where
a new foreign investor acquires ownership or control over the Union target or over a
company that directly or indirectly owns or controls that Union target, where there is
an increase in the shares held by foreign investors, or where the transaction results in
additional rights for foreign investors that may lead to a change in the effective
participation of one or more foreign investors in the management or control of the
Union target.
(36) The foreign direct investment criteria should only apply to emerging strategic sector
foreign direct investments reaching an investment value threshold that is able to
disrupt the functioning of the internal market. A threshold of EUR 100 million should
be considered as having potential for to impact the well-functioning of the internal
market in emerging strategic sectors. Such foreign direct investment covered by the
scope of this Regulation would bear high risk on the security and environmental
sustainability of the Union, while not producing enough added value including
ensuring Union contribution in the investment, enhancement of the Union’s
technological development, employment of Union workers and contribution to Union
value chains for the internal market without compliance with the harmonised
conditions.
(37) In order to ensure the effective application of this Regulation, each Member State
should designate an investment authority responsible for assessing the conditions of
investment by foreign entities in emerging strategic sectors. Moreover, it should be
equipped with the legal, administrative, and financial resources to carry out its tasks
effectively and independently, with due regard to the authorities already responsible
for implementing Regulation (EU) 2019/452.
(38) To enable Member States to effectively identify the investments defined in this
Regulation, foreign investors should notify competent authorities prior to acquiring or
establishing significant stakes in undertakings or assets within the Union. Setting a
EN 26 EN
threshold at 30 percent ownership or other rights establishing control for both
undertakings and assets should ensure that the mechanism captures investments
capable of impacting the well-functioning of the internal market.
(39) To minimise the risk of circumvention through fragmented or indirect acquisitions,
where several foreign investors act in concert, or where investments are made through
affiliated entities or complex ownership structures, their respective interests should be
aggregated by the Investment Authority for the purpose of determining the investment
value and the notification threshold. Aggregation should also apply to existing
holdings in the same Union undertaking or asset, whether direct or indirect, individual
or joint, to ensure that successive transactions leading to significant influence or
control are duly notified.
(40) In order to ensure Union participation in large foreign direct investments originating
from third countries having a significant global position, this Regulation should
establish limits on the extent of ownership and control that foreign investors can
acquire in Union undertakings and assets. Accordingly, foreign investors should not,
whether directly or indirectly, establish, acquire, hold, or exercise ownership interests
exceeding 49% of the share capital, voting rights, or equivalent ownership interests in
any Union target, nor establish or obtain equivalent ownership, leasehold, or other
rights conferring control over a Union asset.
(41) To ensure that foreign investors and Union entities cooperate in emerging strategic
sectors while ensuring sufficient participation of Union partners, joint venture
requirements should be prescribed, which should include contractual arrangements. In
the joint venture, the foreign investor should not hold more than 49 % of the share
capital, voting rights, or equivalent ownership interests or other rights conferring
control in any of the Union entities participating in the joint venture. That condition
should also contribute to the strategic autonomy of the Union and ensure value added
to the internal market.
(42) It is necessary to assess, as part of the conditions for approval of a foreign direct
investment, whether the transfer of technology can contribute to achieving the
objectives of this Regulation. To that end, the foreign investors should be encouraged
to license to the Union Target, the joint venture or the legal entity acquiring or owning
the Union asset the relevant intellectual property rights, and know-how, which are
necessary for carrying out the concerned economic activity in the context of the
foreign direct investment. Appropriate intellectual property licensing agreement(s)
should therefore be granted by the foreign investor to the Union Target, the joint
venture or the legal entity acquiring or owning the Union asset. The scope and
conditions of these agreements, such as the exact IP rights concerned, the exclusive
nature of the license, the duration of the license or confidentiality-preserving
measures, should be appropriate to the circumstances and to the objective pursued
under this Regulation and the relevant investment. The foreign investor should commit
to granting the appropriate licenses of intellectual property rights and relevant know-
how they hold, as required for the economic activity concerned. That could be
achieved by providing a description of the main aspects of the possible licensing
agreements, on a confidential basis, with the Investment Authority.
(43) Where the Union Target or the legal entity acquiring or owning the Union asset owns
intellectual property rights in an invention, a work or any other asset subject to
intellectual property protection prior to the foreign investment, those intellectual
property rights should fully and exclusively remain under the control of the Union
EN 27 EN
Target or the legal entity acquiring or owning the Union asset. The foreign investor
should not claim any intellectual property right nor undertake any activity that would
affect the ability of the Union Target or the legal entity acquiring or owning the Union
asset to own and exercise the intellectual property rights on their inventions, works,
trademarks, designs or any other relevant asset obtained prior to the foreign
investment. Where an invention, a work or any other asset subject to intellectual
property protection is the result of a collaborative work between the Union Target or
the legal entity acquiring or owning the Union asset and the foreign investor or as a
result of the joint venture, the intellectual property rights should be owned jointly by
the foreign investor, the Union Target or the legal entity acquiring or owning the
Union asset, depending on the circumstances. The conditions accompanying the co-
ownership of intellectual property rights should, to the extent possible, be defined and
communicated to the Investment Authority, ahead of the approval of the foreign direct
investment. These conditions should include clarifications as to the possibility for one
co-owner to grant a licence and start infringement procedures as well as the financial
agreements as regards the filing and registration of intellectual property rights and
licensing agreements. In the case of a joint venture without a legal personality,
clarifications should be provided to the Investment Authority regarding the ownership
of intellectual property.
(44) It is necessary to ensure that the foreign investors’ expertise of the large foreign direct
investment under the scope of this Regulation should contribute to enhancing the
Union’s technological development both within and outside the Union Target, the joint
venture or the legal entity acquiring or owning the Union asset. To that end, foreign
investors should invest in research and development projects to be executed within the
Union while ensuring that the Union will benefit from the results produced. It is
therefore necessary to assess, as part of the conditions to be considered for having a
foreign direct investment approved, whether the foreign investors’ research and
development investments are adequate to achieve that objective. Such investments
could be directed to the benefit of research institutions established in the Union,
including in the context of joint projects with the Union Target, the joint venture or the
legal entity acquiring or owning the Union asset. Those investments could also be
made within the Union target, the joint venture or the legal entity acquiring or owning
the Union asset, for developing or executing specific research and development
activities. These investments could also consist in the training of Union workers, or
direct or indirect financial support to research and development projects within the
Union Target, the joint venture or the legal entity acquiring or owning the Union asset.
Any assessment performed in relation to investments in research and development
projects to be executed within the Union should be without prejudice to Union
competition law instruments, including Regulations (EU) 2022/2560 and (EC) No
139/2004.
(45) To promote sustainable integration of investments by foreign entities to the internal
market and the development of skills in emerging strategic sectors, and to ensure
meaningful social contribution at the place of the investment, such investments should
employ a proportion of Union workers and should provide appropriate training and
capacity-building measures, involving education and training providers, as well as
social partners. The foreign investor should ensure that the thresholds established in
this Regulation are fulfilled across all categories of workforce, including the
operational, technical, supervisory, and managerial positions.
EN 28 EN
(46) To strengthen the industrial capacity of emerging strategic sectors and to integrate
foreign direct investment into the Union’s industrial ecosystem, a certain share of
inputs manufactured in the Union should be included in products placed on the Union
market by such investments.
(47) In order to ensure that foreign direct investments fulfil at least 4 of the 6 conditions
established by this Regulation, the competent Investment Authority should examine
each notification and issue a reasoned decision on its approval or rejection. Investment
Authorities should establish the fulfilment of the conditions, or as appropriate, the
intent of the foreign investor to comply with the conditions. Such investments should
not be implemented without the explicit approval of the Investment Authority.
Accordingly, foreign investors should comply with a set of conditions before starting
their economic activity regarding the relevant foreign direct investment. Investment
Authorities should decide in a timeframe ensuring both procedural efficiency and legal
certainty. Where justified by the complexity of the case or the need for additional
information, that timeframe could be extended, for justified and duly substantiated
reasons.
(48) Member States should inform the Commission about notifications received to allow
the Commission to effectively monitor the investment landscape and ensure a
harmonised investment framework across the internal market.
(49) In order to ensure the horizontal application of this Regulation in the internal market,
the Commission should be able to provide an opinion on whether the investment
fulfils the conditions set out in this Regulation. Such opinion should be made publicly
available. If the Investment Authority intends to diverge from the Commission opinion
in its decision, it should extend the approval process for two additional months in
order to properly assess the Commission's arguments. When taking a decision,
Member States should justify how they took the Commission’s opinion into account.
(50) In order to ensure the horizontal application of this Regulation on the Single Market,
the Commission should be able to review foreign direct investments, based on its own
initiative or on the initiative of a Member State affected by the foreign direct
investment. That should be particularly the case for investments where several
member states are impacted, as well as high value investments and investments with
particular strategic importance for the Union due to their effect on the Single Market.
(51) The Investment Authorities should not only ensure compliance with the conditions at
the time of the foreign direct investment’s notification, but also throughout its
operation, as appropriate, to ensure that the benefits of the foreign direct investment
are maximised on the internal market.
(52) To ensure that foreign direct investment criteria for the emerging strategic sectors
remain appropriate even as market conditions, technological developments and the
competitiveness policy objectives of the Union continue to evolve, the Commission
should monitor the global manufacturing trends of strategic sectors and be empowered
to adopt implementing acts imposing foreign investment criteria to additional strategic
sectors. The Commission should assess in particular the threshold value, as well as
whether all of the investment criteria referred to in this regulation are appropriate and
necessary to meet the objectives of this regulation.
(53) Clustering industrial activity can contribute substantially to achieving the objectives of
this Regulation and to strengthening certain strategic sectors in the internal market. It
is therefore appropriate to promote the development of industrial manufacturing
EN 29 EN
acceleration areas. Such areas should be limited in geographical scope in order to
foster industrial symbiosis. When designating the areas, Member States should, in
cooperation with regional authorities where appropriate, take into account industrial
production (in particular for certain strategic sectors) and their regions’ general level
of development, with a focus on the less developed regions and those in transition.
Furthermore, in order to strengthen the resilience, strategic autonomy and
competitiveness of the Union’s industrial base, the designation of industrial
manufacturing acceleration areas should align with strategic projects and other Union
initiatives such as Net-Zero Acceleration Valleys.
(54) The industrial acceleration measures within the acceleration areas should seek
appropriate synergies with other Union initiatives, including strategic projects
recognised in Union legislation, Net-Zero Acceleration Valleys and Union funding
opportunities, in order to align the strategic priorities in the internal market and benefit
industrial installations vital for the strategic autonomy and competitiveness of the
Union. Those benefits should also apply to undertakings awarded with the
competitiveness seal under Regulation (EU) XXXX/[XX] 47 (European
Competitiveness Fund), unless specifically excluded by the Member State.
(55) To enable an adequate supply of critical raw materials for projects in the acceleration
areas, the European Critical Raw Materials Board established by Article 35 of
Regulation (EU) 2024/1252 should provide a platform to exchange information on
critical raw materials related supply chain bottlenecks in the acceleration areas. It
should be possible for projects in relevant areas to benefit from the Joint purchasing
mechanism established in Article 25 of Regulation (EU) 2024/1252 to aggregate their
demand for strategic raw materials and increase their negotiating power with potential
sellers, especially when they contain small or medium-sized enterprises (SMEs) and
small mid-cap companies (SMCs).
(56) Sufficient and timely energy supply to the acceleration areas constitutes a fundamental
enabling condition for their effective deployment and for the development of
manufacturing activities. Reliable and accurate information on future energy demand
contributes to cost-effective grid development. Member States should therefore
prepare an analysis for each acceleration area, identifying its future energy needs.
Such analysis should serve the purpose of providing information for the national grid
planning thereby contributing to purposeful anticipatory grid investments and faster
energy connections for the acceleration area. When defining the scope, Member States
should take into account the availability of relevant transport and network
infrastructure. The results of these assessments should be reflected in national network
development plans to adequately capture future points of energy demand in upcoming
grid planning.
(57) Where industrial manufacturing acceleration areas are set up, their designation should
correspond to the potential to access or organise education and training opportunities
to ensure the availability of skilled labour.
(58) To promote the development of industrial manufacturing acceleration areas and to
expedite the permit-granting procedures necessary for industrial activities within those
47 Proposal for a Regulation of the European Parliament and of the Council on establishing the European
Competitiveness Fund ('ECF’), including the specific programme for defence research and innovation
activities, repealing Regulations (EU) 2021/522, (EU) 2021/694, (EU) 2021/697, (EU) 2021/783,
repealing provisions of Regulations (EU) 2021/696, (EU) 2023/588, and amending Regulation (EU)
(COM/2025/555 final, 16.7.2025).
EN 30 EN
areas, Member States should establish an aggregated baseline permit reflecting the
specific characteristics of each identified industrial acceleration area and tailored to the
industrial manufacturing sector or sectors to be deployed therein. That aggregated
baseline permit issued by public authorities should cover the permits commonly
required for such activities within the area, excluding those permits that are
installation specific, such as those required under Directive 2010/75/EU of the
European Parliament and of the Council48 and the grid connection permit.
Consequently, project promoters should be required to obtain additional permits only
for activities not covered by the aggregated baseline permit as well as environmental
assessments where required. In case of activities potentially affecting Union and
nationally protected sites, relevant permits should be granted only after having ensured
that the activities are compatible with the conservation objectives of these sites. Such
approach should significantly accelerate permit-granting procedures and reduce the
administrative burden associated with them whilst maintaining high level of
environmental standards.
(59) In order to establish a framework to ensure the Union’s strategic autonomy and
economic security through access to a secure, sustainable and resilient supply of
relevant manufacturing products, the power to adopt acts in accordance with Article
290 TFEU should be delegated to the Commission in respect of changes to the list of
third countries whose content is not treated as equivalent to Union origin, the
introduction or amendment of Union origin and low-carbon requirements, including
for additional net-zero technologies and for products and services listed in Annexes II
and III, laying down Union-level demand-side measures for products from the
chemical industry, taking into account, among others, recommendations from the
Critical Chemicals Alliance, the extension of foreign direct investment criteria to
additional emerging strategic sectors, the specification of common procedural rules for
foreign direct investment criteria, and establishing classification systems based on the
greenhouse gas intensity for products. It is of particular importance that the
Commission carries out appropriate consultations during its preparatory work,
including at expert level, and that those consultations be conducted in accordance with
the principles laid down in the Inter-institutional Agreement of 13 April 2016 on
Better Law-Making49. In particular, to ensure equal participation in the preparation of
delegated acts, the European Parliament and the Council receive all documents at the
same time as Member States’ experts, and their experts systematically have access to
meetings of Commission expert groups dealing with the preparation of delegated acts.
(60) In order to ensure uniform conditions for the implementation of this Regulation,
implementing powers should be conferred on the Commission as regards specifying
the method for calculating the proportion of volume of products and components
originating in the Union and for verifying the compliance with the conditions laid
down in Article 15. Those powers should be exercised in accordance with Regulation
(EU) No 182/2011 of the European Parliament and of the Council50.
48 Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17, ELI:
http://data.europa.eu/eli/dir/2010/75/oj). 49 OJ L 123, 12.5.2016, p. 1, http://data.europa.eu/eli/agree_interinstit/2016/512/oj. 50 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control by the Member States
of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI:
http://data.europa.eu/eli/reg/2011/182/oj).
EN 31 EN
(61) The Commission should evaluate this Regulation based on the information provided
by Member States. Pursuant to paragraph 22 of the Interinstitutional Agreement on
Better Law-Making of 13 April 2016, such evaluation should be based on the five
criteria of efficiency, effectiveness, relevance, coherence and Union value added. It
should also serve as the basis for impact assessments of possible further measures.
(62) To ensure compliance with the obligations laid down in this Regulation, Member
States should provide for penalties to be imposed on undertakings that do not comply
with their obligations. Such penalties should be without prejudice and in addition to
specific penalty requirements set out by this Regulation, for instance on foreign direct
investments. It is therefore necessary that Member States lay down effective,
proportionate and dissuasive penalties in national law for failure to comply with this
Regulation. It is also necessary for Member States to ensure that project promoters
have access, where relevant, to administrative or judicial review in accordance with
national law.
(63) When reviewing this Regulation, the Commission should assess the need to amend the
provisions included in Chapters III and IV. In particular, it should consider introducing
targeted Union origin in transport sectors critical to the Union’s economic security,
notably building of ships and building of rail rolling stock. The Commission should
also consider introducing an enhanced review of foreign direct investments for
aeronautical products and parts.
(64) Regulation (EU) 2018/1724 of the European Parliament and of the Council51, which
established the Single Digital Gateway, provides general rules for the online provision
of information, procedures and assistance services that are relevant to the functioning
of the internal market. In order to allow businesses and manufacturing industry project
promoters, including for cross-border projects, to directly enjoy the benefits of the
internal market without incurring an unnecessary additional administrative burden, the
information that needs to be submitted to any relevant authorities as part of the permit-
granting process under this Regulation is that set out in Annex I to Regulation (EU)
2018/1724. The related procedures are included in Annex II to that Regulation to
ensure that project promoters can benefit from fully online procedures and the Once-
Only Technical System Services. In particular, promoters of manufacturing industry
projects should be able to fully access and complete any procedure related to the
permit-granting process online, in accordance with Article 6(1) of Regulation (EU)
2018/1724 and Annex II of that Regulation. Regulation (EU) 2018/1724 should
therefore be amended accordingly.
(65) Regulation (EU) 2024/1735 introduces resilience requirements for a range of net-zero
technology final products. Those requirements aim at reducing dependencies on
individual third countries of supply, but they are not sufficient to enable Union
industries to scale up the potential of the internal market and carry a risk of
circumvention. Therefore, in order to address such challenges, the legislative
framework should ensure the need to attract and retain technological know-how within
the Union, through targeted additional intervention.
(66) The provisions on public procurement laid down in this Regulation should build on the
provisions of Regulation (EU) 2024/1735 on resilience; and complement them by
51 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018
establishing a single digital gateway to provide access to information, to procedures and to assistance
and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p.
1, ELI: http://data.europa.eu/eli/reg/2018/1724/oj).
EN 32 EN
introducing additional requirements for battery energy storage systems, solar
photovoltaic technologies, heat pumps, onshore and offshore wind technologies,
electrolysers and nuclear fission energy technologies. Such additional requirements
should ensure that a certain share of the products and their main specific components
originate in the Union. That approach should ensure sufficient diversification while
strengthening strategic manufacturing capacity and technological sovereignty within
the Union. The system for verification of compliance with the requirements should
limit the administrative burden and align with common public procurement practice as
well as the existing system of verification of compliance under Regulation (EU)
2024/1735. It should therefore rely on a self-declaration by economic operators.
(67) In addition to complementing the public procurement provisions of Regulation (EU)
2024/1735, this Regulation should also amend them to provide greater legal certainty.
The scope of Article 25 of Regulation (EU) 2024/1735 should be limited to those net-
zero technologies for which public procurement of a relevant scale is expected to take
place, thereby enhancing the clarity of the provision.
(68) In line with the same policy objective pursued for renewable energy auctions under
Regulation (EU) 2024/1735, this Regulation should extend the additional Union origin
requirements to renewable energy auctions for certain renewable energy technologies,
in order to contribute to strengthening the Union’s industrial base and ensuring
resilience of net-zero technology supply chains. To reflect the specific characteristics
of renewable energy auctions, the additional requirements should apply to the net-zero
technologies that are most relevant in the context of auctions, which are battery energy
storage systems, solar photovoltaic technologies, electrolysers, as well as on- and
offshore wind technologies. Where Union origin requirements apply to auctions, other
provisions setting similar requirements for public support schemes should not apply to
those auctions.
(69) To reinforce the effectiveness of the framework, and to reflect recent increases in
geopolitical risks and global market distortions, the share of auctions covered by the
requirements should be increased and a higher cost threshold for the opt-out from
those requirements should be established. That should also prevent excessive use of
exemptions and provide an effective incentive to boost Union production of renewable
energy technologies.
(70) Businesses and households are an essential part of the demand for net-zero
technologies in the Union. Public support schemes designed to support consumer
demand for such products are important tools for strengthening the Union’s economic
security and accelerating the green transition. In order to build on the provisions of
Regulation (EU) 2024/1735 on resilience, it is necessary to complement those
provisions introducing additional requirements for battery energy storage systems,
solar photovoltaic technologies and heat pumps. Such additional requirements should
ensure that certain main specific components and, in some cases, the whole final
product, originate in the Union. That approach is in line with the general objective of
support schemes to promote socially-desirable outcomes, in view of making progress
on the ambitions of the European Pillar of Social Rights as well as environmental and
climate objectives. Furthermore, it should ensure sufficient diversification while
strengthening strategic manufacturing capacity and technological sovereignty within
the Union. Public authorities in charge of support schemes should have the possibility
either to condition the eligibility of the scheme to the fulfilment of the requirements,
or to grant additional financial compensation when the requirements are fulfilled. In
the latter case, the additional financial compensation should have an incentivising
EN 33 EN
effect. However, if State aid is involved, the additional financial compensation should
not exceed the applicable maximum aid intensity.
(71) Digital technologies continue to transform the way we generate, distribute, and
consume energy. Such digital evolution, while presenting unprecedented
opportunities, has also introduced complexity and interdependence within modern
energy systems, which are now susceptible to a growing array of cyber threats. The
integration of digital technologies into energy systems increases the attack surface for
malicious actors, who can exploit vulnerabilities to disrupt operations, steal sensitive
data, or manipulate energy markets. Such disruptions not only threaten the security
and stability of our energy infrastructure and continuous supply of energy but also
have cascading effects on all sectors of the economy that rely on stable energy inputs.
Furthermore, energy system disruptions could undermine investor confidence and
deter investment in essential modernisation and decarbonisation efforts. Therefore,
safeguarding the cybersecurity of these systems is paramount to ensuring economic
security, maintaining trust, and fostering resilience against future challenges.
(72) To ensure a high level of cybersecurity, it is necessary to prevent high-risk suppliers,
as identified in accordance with [the proposal for a revised Cybersecurity Act] from
supplying critical components to bidders of renewable energy auctions, tenderers of
public procurement procedures, and final products supported by government
intervention in the scope of this Regulation.
(73) Furthermore, the cybersecurity provisions of Article 26 of Regulation (EU) 2024/1735
should not only apply to 30%, but to all renewable energy auctions in light that
cybersecurity is essential to the stability and integrity of the Union’s energy system as
a whole. A gap even in just one element of an energy system’s cybersecurity could
endanger the stability of the whole system. In addition to the high level of
cybersecurity ensured in critical sectors by Directive (EU) 2022/2555 and in products
with digital elements under Regulation (EU) 2024/2847, extending the scope of the
cybersecurity requirements of Regulation (EU) 2024/1735 to all renewable energy
auctions should further reduce the vulnerabilities of the Union’s energy system and
contribute to securing energy and economic stability.
(74) The application of the requirements on Union origin and cybersecurity for net-zero
technologies should complement the requirements on sustainability and resilience set
out in Regulation (EU) 2024/1735. They should therefore be inserted in that
Regulation to ensure consistency and simplify implementation by the relevant
authorities.
(75) In line with the measures for public procurement, auctions and public support
schemes, this Regulation should also complement Regulation (EU) 2024/1735 with
Union origin requirements for Member State support to the construction of nuclear
power plants and to the manufacturing of hydrogen electrolysers. To secure long term
Union sovereignty, energy security, and sector resilience, it is essential that the new
nuclear plants, both large scale reactors and small modular reactors, prioritise as much
as possible Union sourced technologies and components while maintaining the highest
quality standards. Such strategy will not only boost domestic capabilities but also
position the Union as a reliable, competitive player in the global nuclear market.
However, in order to prevent risks related to technological lock-in, the Union origin
requirements for nuclear power plants should only apply to new-builds, excluding
refurbishments and lifetime extensions of existing nuclear power plants.
(76) Regulation (EU) 2024/1735 should therefore be amended accordingly.
EN 34 EN
(77) Hydrogen is a crucial energy carrier for the energy transition in many industry
applications and is instrumental in driving the transition to cleaner energy systems. To
accommodate the emergence of gigawatt scale electrolyser deployments in the Union,
it is essential to have a concerted, enhanced support system is essential.
(78) Where Union origin requirements require that a certain number of components should
originate in the Union without specifying which ones, the choice should be left to the
economic operators. This ensures sufficient competition among suppliers of the
required components and enables economic operators to make the most cost-efficient
choices while applying the requirements.
(79) Regulation (EU) 2024/3110 empowers the Commission to adopt delegated acts to
establish environmental sustainability labelling requirements for specific product
categories and families of construction products, provided that a product is typically
chosen by consumers and does not have a different overall environmental performance
over its life cycle depending on its installation. Such strict conditions should be
removed in order to enable the Commission to set requirements for the labelling of
construction products on the basis of their carbon intensity, including for those
products that are not typically sold to end consumers. Regulation (EU) 2024/3110
should therefore be amended accordingly.
(80) To the extent that any of the measures envisaged by this Regulation constitute State
aid, the provisions concerning such measures are without prejudice to the application
of Articles 107 and 108 TFEU.
(81) Since the objective of this Regulation, namely to support resilient and decarbonised
industrial production, cannot be sufficiently achieved by the Member States and can
rather, by reason of the scale or effects of the action, be better achieved at Union level,
the Union may adopt measures in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty on European Union. In accordance with the principle of
proportionality as set out in that Article, this Regulation does not go beyond what is
necessary in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Regulation aims at improving the functioning of the internal market by
establishing a framework to support the development, competitiveness and resilience
of the Union's manufacturing sector, with a focus on selected strategic sectors, while
contributing to the Union’s climate objective, economic security and the creation,
retention of, and transition into high-quality jobs.
2. To achieve the general objective referred to in paragraph 1, this Regulation lays
down measures aiming to
(a) speed-up permit-granting procedures for industrial manufacturing projects,
including energy-intensive industry decarbonisation projects;
EN 35 EN
(b) create lead market for certain products in strategic sectors, by laying down
Union origin requirements, low-carbon requirements, or both, in the context of
public procurement, public support schemes;
(c) set conditions on foreign direct investments in emerging strategic sectors;
(d) designate industrial manufacturing acceleration areas by Member States for the
purposes of boosting industrial activities.
Article 2
Industrialisation objective
The Union and Member States shall seek to ensure that by 2035 the manufacturing industry of
the Union accounts for at least 20% of the Union’s gross domestic product.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
(1) ‘industrial manufacturing project’ means the construction, conversion or extension of
an industrial site intended for carrying out an economic activity classified under
NACE Code C (Manufacturing), with the exception of NACE Code C12;
(2) ‘energy- intensive industries’ means the industries listed in point 1 of Annex I;
(3) ‘energy‘energy-intensive industry decarbonisation projects’ means the construction
or conversion of the commercial facility of an energy-intensive business as defined
in Article 17(1), point (a), of Council Directive 2003/96/EC52 in the energy-
intensive industries listed in point 1 of Annex I to this Regulation that reduce
emission rates of CO2 -eq of industrial processes significantly and permanently to an
extent which is technically feasible;
(4) ‘permit-granting procedure’ means a process that covers all relevant permits to build,
expand, convert and operate industrial manufacturing projects, including building,
chemical and grid connection permits as defined in Article 1 of [the Proposal for a
Directive amending Directives (EU) 2018/2001, (EU) 2019/944, (EU) 2024/1788 as
regards acceleration of permit-granting procedures53], and environmental
assessments and authorisations where required, and encompassing all applications
and procedures from the acknowledgement that the application is complete to the
notification of the comprehensive decision on the outcome of the procedure;
(5) ‘comprehensive decision’ means the decision or set of decisions taken by a Member
State authority or authorities, that determines whether or not a project promoter is
authorised to build, expand, convert and operate an industrial manufacturing project;
52 Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the
taxation of energy products and electricity (OJ L 283, 31.10.2003, pp. 51–70,
ELI: http://data.europa.eu/eli/dir/2003/96/oj). 53 Proposal for a Directive of the European Parliament and of the Council amending Directives (EU)
2018/2001, (EU) 2019/944, (EU) 2024/1788 as regards acceleration of permit-granting procedures
((2025/0400 (COD)).
EN 36 EN
(6) ‘contract’ means public contract as defined in Article 2(1), point (5), of Directive
2014/24/EU54, supply, works and service contracts as defined in Article 2, point (1),
of Directive 2014/25/EU55, and concessions as defined in Article 5, point (1), of
Directive 2014/23/EU;
(7) ‘contracting authority’ means a contracting authority as defined in Article 6 of
Directive 2014/23/EU, Article 2(1), point (1), of Directive 2014/24/EU and Article 3
of Directive 2014/25/EU;
(8) ‘contracting entity’ means a contracting entity as defined in Article 7 of Directive
2014/23/EU and Article 4 of Directive 2014/25/EU;
(9) ‘economic operator’ means the manufacturer, the authorised representative, the
importer, the distributor, the dealer and the fulfilment service provider and, for the
purposes of public procurement procedures, it means economic operator as set out in
Article 5, point (2), of Directive 2014/23/EU, Article 2(1), point (10), of Directive
2014/24/EU and Article 2, point (6), of Directive 2014/25/EU;
(10) ‘public procurement procedure’ means either of the following:
(a) a procedure for the award of works or a service concession covered by
Directive 2014/23/EU;
(b) any type of award procedure covered by Directive 2014/24/EU for the
conclusion of a public contract or Directive 2014/25/EU for the conclusion of a
supply, works and service contract;
(11) ‘greenhouse gas intensity’ means emissions (measured in tCO2eq) released during
the production of industrial products referred to in Article 10(2);
(12) ‘manufacturer’ means any natural or legal person that manufactures a product or that
has a product designed or manufactured, and markets that product under their name
or trademark;
(13) ‘system boundary’ means the group of chemical or physical processes included in the
calculation of the greenhouse gas intensity of products;
(14) ‘precursor’ means any input material into a production process that is part of the
system boundaries.
(15) ‘chemical industry’ means activities classified under NACE Rev. 2, Code C20
(Manufacture of chemicals and chemical products), carried out by manufacturers
established in the Union;
(16) ‘sustainable carbon sources’ means biomass that complies with the sustainability
criteria laid down in Article 29 of Directive (EU) 2018/2001, waste and carbon from
capturing carbon dioxide emissions.
(17) ‘substance’ means substance as defined in Article 2, point (7), of Regulation (EC) No
1272/2008;
54 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public
procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, pp. 65–242,
ELI: http://data.europa.eu/eli/dir/2014/24/oj). 55 Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on
procurement by entities operating in the water, energy, transport and postal services sectors and
repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, pp. 243–374,
ELI: http://data.europa.eu/eli/dir/2014/25/oj).
EN 37 EN
(18) ‘mixture’ means a mixture as defined in Article 2, point (8), of Regulation (EC) No
1272/2008;
(19) ‘made available on the market’ means any supply of a product for distribution,
consumption or use on the Union market during a commercial activity, whether
against payment or free of charge;
(20) ‘fuel cell vehicle’ or ‘FCV’ means a vehicle equipped with a powertrain containing
exclusively energy converters transforming chemical energy (input) into electrical
energy (output), or vice versa, and electric machines as propulsion energy converters;
(21) ‘motor vehicle’ means any vehicle of categories M and N referred to in Article 4(1),
points (a) and (b), of Regulation (EU) 2018/858 of the European Parliament and of
the Council56;
(22) 'off-vehicle charging hybrid electric vehicle' or 'OVC-HEV' means a vehicle
equipped with a powertrain containing at least two different categories of propulsion
energy converters where one of the propulsion energy converters is an electric
machine that can be charged from an external source';
(23) ‘pure electric vehicle’ or ‘PEV’ means a vehicle equipped with a powertrain
containing exclusively electric machines as propulsion energy converters and
exclusively rechargeable electric energy storage systems as propulsion energy
storage systems;
(24) ‘main specific components’ means the main specific components as listed in the
Annex to Commission Implementing Regulation 2025/117857;
(25) ‘vehicle’s traction battery’ means the electric vehicle battery specifically designed to
provide electric power for traction as defined in Article 3(14) of Regulation (EU)
2023/154258.
(26) ‘e-powertrain components’ means power electronics, transport propulsion electric
motors and e-axles and their components, rotors and stators;
(27) ‘main electronic systems’ means advanced driver assistance systems (including
lidars, radars, sensors, cameras, ECUs and integration platforms), central computing
units, wireless access systems, in-vehicle infotainment head units and chassis
electronics;
(28) ‘vehicle component’ means any part of a vehicle, including processed material;
(29) ‘assembled’ means the process of the final assembly of the vehicle;
(30) ‘vehicle manufacturer’ means a natural or legal person who is responsible for all
aspects of the type-approval of a vehicle, system, component or separate technical
unit, or the individual vehicle approval, or the authorisation process for parts and
56 Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the
approval and market surveillance of motor vehicles and their trailers, and of systems, components and
separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC)
No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1, ELI:
http://data.europa.eu/eli/reg/2018/858/oj). 57 Commission Implementing Regulation (EU) 2025/1178 of 23 May 2025 on laying down rules for the
application of Regulation (EU) 2024/1735 of the European Parliament and of the Council as regards the
list of net-zero technology final products and their main specific components for the purposes of
assessing the contribution to resilience (OJ L, 2025/1178, 18.6.2025, ELI:
http://data.europa.eu/eli/reg_impl/2025/1178/oj). 58
EN 38 EN
equipment, for ensuring conformity of production and for market surveillance
matters regarding that vehicle, system, component, separate technical unit, part and
equipment produced, irrespective of whether or not that person is directly involved in
all stages of the design and construction of that vehicle, system, component or
separate technical unit concerned;
(31) ‘foreign direct investment’ means an investment, including greenfield investments,
into a Union target or a Union asset by a foreign investor or by the foreign investor’s
subsidiary aiming to establish or to maintain lasting and direct links between the
foreign investor and the entrepreneur to whom or the undertaking to which the
capital is made available, or at using an Union asset, in order to carry on an
economic activity in a Member State, including investments which enable effective
participation in the management or control of a company carrying out an economic
activity;
(32) ‘foreign investor’ means a natural person of a third country who does not hold the
nationality of a Member State or an undertaking of a third country, intending to make
or having made a foreign direct investment;
(33) ‘foreign investor’s subsidiary’ means an undertaking controlled, directly or
indirectly, by a foreign investor regardless of its place of establishment;
(34) ‘Union target’ means an undertaking established under the laws of a Member State;
(35) ‘Union asset’ means an immovable asset used or intended to be used for
manufacturing products in the territory of the Union;
(36) ‘Union worker’ means any natural person who has an employment contract or
employment relationship as defined by law, a collective agreement or practice in
force in a Member State and is either a citizen of the Union or a third country
national legally residing in a Member State with a valid work permit at the moment
of recruitment;
(37) ‘portfolio investment’ means the acquisition of company securities that are intended
purely for financial investment and without any intention to influence the
management or control of the company;
(38) ‘turnover’ means the amount derived by an undertaking within the meaning of
Article 5(1) of Council Regulation (EC) No 139/200459;
(39) ‘active material’ means a material which reacts chemically to produce electric energy
when the battery cell discharges or to store electric energy when the battery is being
charged;
(40) ‘electric vehicle battery’ means an electric vehicle battery as defined in Article 3(1),
point (14), of Regulation (EU) 2023/1542 of the European Parliament and of the
Council60;
(41) ‘supplier’ means a manufacturer established in the Union, the authorised
representative of a manufacturer who is not established in the Union, or an importer,
who places a product on the Union market;
59 Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between
undertakings (OJ L 24, 29.1.2004, p. 1). 60 Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning
batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and
repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1, ELI:
http://data.europa.eu/eli/reg/2023/1542/oj).
EN 39 EN
CHAPTER II
ENABLING CONDITIONS FOR INDUSTRIAL PRODUCTION
AND DECARBONISATION
Article 4
Single access points
1. Member States shall set up a single access point at national level for the submission
by project promoters of the single application for industrial manufacturing projects
referred to in Article 5(1).
2. The single access points shall automatically attribute the permit applications to the
relevant authority, inform the applicant about all steps of the permit-granting
procedure, the status of the procedure and of the decisions of the relevant authorities,
and enable the applicant to check compliance with applicable deadlines. To that
effect the single access points shall use the European Business Wallets established
pursuant to [Proposal for a Regulation on the establishment of European Business
Wallets].
Through the use of European Business Wallets, the single access points shall enable:
(a) interoperability and automated data exchange between competent authorities;
(a) re-use of data and documents already held by public authorities;
(b) a high level of cybersecurity, and integrity of information;
(c) transparency and accountability of the permit-granting procedure.
3. When setting up the single access points, Member States shall, where appropriate,
make use of existing Union digital infrastructure, catalogues and building blocks
established by Union law.
Article 5
Permit-granting procedure
1. Member States shall establish a single permit-granting procedure based on a single
application covering all permits required for industrial manufacturing projects.
2. Member States shall designate a competent authority to coordinate the permit-
granting procedure referred to in paragraph 1 in order to ensure the adoption and
issue of a comprehensive decision within the applicable time limit.
3. No later than 45 days from the receipt of the application for a permit for industrial
manufacturing projects, the competent authority shall either acknowledge that the
application is complete or request any missing information needed to process the
application.
Where, after the submission of any missing information, the application is still
deemed to be incomplete, the competent authority may, within 30 days of the
submission of the requested missing information, make a second request for any
information still missing. The competent authority shall not request information in
areas not covered in the first request for additional information and shall request
further information only as necessary to cover the missing information.
EN 40 EN
4. The provisions of this Article shall not apply where rules to streamline the
administrative and permit-granting processes are established in other Union
legislative acts for specific industrial manufacturing sectors.
Article 6
Energy-intensive industry decarbonisation projects
1. Chapter II, Section II, of Regulation (EU) 2024/1735 shall apply to all energy-
intensive industry decarbonisation projects.
2. All energy-intensive industry decarbonisation projects shall be considered strategic
projects contributing to resilience and decarbonisation or resource efficiency for the
purposes of [Article 14 of Proposal for a Regulation on speeding-up environmental
assessment]. Points 1, 2 and 3 of the Annex in that Regulation shall apply.
CHAPTER III
STRENGTHENING THE UNION’S STRATEGIC INDUSTRIAL
VALUE CHAINS
Article 7
Union origin
1. For the purposes of this Chapter, content of Union origin refers to content originating
in the Union.
2. The origin of products and components shall be determined in accordance with
Regulation (EU) No 952/2013 of the European Parliament and of the Council.
Article 8
Content equivalent to Union origin in public procurement
1. With respect to the Union origin requirements referred to in Article 11, content
originating in third countries with which the Union has concluded an agreement
establishing a free trade area or a customs union, or that are parties to the Agreement
on Government Procurement, where relevant obligations of the Union exist under
that agreement, shall be deemed to be of Union origin.
2. The Commission shall adopt delegated acts in accordance with Article 30 to exclude,
in whole or in part, a third country from the scope of paragraph 1 based on any of the
following criteria:
(a) that third country has failed to provide national treatment related to Union
products or entities under the agreements referred to in paragraph 1 in relation
to any of the sectors listed in Annex I;
(b) such exclusion is justified to avoid dependencies or any other developments
that may threaten the security of supply in the Union of the products in
question;
(c) such exclusion is justified under any other exception under the applicable
agreement.
EN 41 EN
Article 9
Content equivalent to Union origin in other forms of public intervention
1. With respect to the Union origin requirements set out in Article 12, content
originating in third countries with which the Union has concluded an agreement
establishing a free trade area or a customs union shall be deemed to be of Union
origin.
2. The Commission shall adopt delegated acts in accordance with Article 30 to exclude,
in whole or in part, a third country from the scope of paragraph 1 based on any of the
following criteria:
(a) that third country has failed to provide national treatment related to Union
products or entities under the agreements referred to in paragraph 1 in relation
to any of the sectors listed in Annex I;
(b) such exclusion is justified to avoid dependencies or any other developments
that may threaten the security of supply in the Union of the products in
question;
(c) such exclusion is justified under any other exception under the applicable
agreement.
Article 10
Low-carbon products
1. For the purposes of this Chapter, a product covered by Annex II shall be considered
low-carbon when it complies with the requirements set out in delegated acts, as
follows:
(a) for construction products referred to in Regulation (EU) 2024/3110 and
covered by a harmonised technical specification or a European Technical
Assessment, the delegated acts adopted pursuant to Article 5(5) or Article
22(9) of Regulation (EU) 2024/3110;
(b) for all other products, delegated acts adopted pursuant to Article 4 of
Regulation (EU) 2024/1781, as applicable.
2. To support the creation of lead markets by informing investment decisions towards
products granted a lower greenhouse gas intensity performance class, the
Commission is empowered to adopt delegated acts in accordance with Article 30 in
order to supplement this Regulation by establishing voluntary classification systems
based on the greenhouse gas intensity for products manufactured through activities
listed in Annex I of Directive 2003/87/EC (‘industrial products’) when they are
placed on the Union market, to the extent that these products are not already
regulated by a Delegated Act under Regulation (EU) 2024/1781 or included in the
working plans adopted in accordance with that Regulation.
Emissions and all other relevant data used for the calculation of the greenhouse gas
intensity shall be verified by verifiers accredited under Commission Implementing
Regulation (EU) 2018/2067 of the European Parliament and of the Council61 or
verifiers accredited under the delegated acts adopted pursuant to Article 18 of
61 Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of
data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament
and of the Council (OJ L 334, 31.12.2018, pp. 94, ELI:
http://data.europa.eu/eli/reg_impl/2018/2067/oj).
EN 42 EN
Regulation (EU) 2023/956, as appropriate. Emissions shall be monitored in
accordance with the rules laid down in Chapter III of Commission Implementing
Regulation (EU) 2018/2066 and the data monitoring methods and quality
requirements set out in Annex VII to Delegated Regulation (EU) 2019/331. For
imported products, emissions may be monitored in accordance with Annex IV to
Regulation (EU) 2023/956 and the data monitoring methods and quality
requirements established by implementing acts adopted pursuant to Article 7(7),
point (a), of Regulation (EU) 2023/956, where it provides for an equivalent dataset.
Such delegated acts shall specify, as appropriate, the following elements:
(a) the identification of the product for which a manufacturer may apply for a label
on greenhouse gas intensity;
(b) the relevant system boundaries, covering emissions from the industrial
manufacturing process, emissions from relevant precursors and emissions from
electricity consumption. These emissions are considered independently of
whether these emissions occur in the manufacturer’s facility or in other
facilities, recognising that certain precursors might be acquired from other
installations;
(c) the methodology for the calculation of the greenhouse gas intensity of the
product
(d) a classification with performance classes;
(e) complementary rules concerning the governance of the label, including
competent entities; and
(f) complementary rules on accreditation, monitoring and verification,
In developing those rules, the Commission shall at least take into account:
(a) the latest applicable product benchmark values as defined under Directive
2003/87/EC;
(b) data already available under the EU ETS and CBAM;
(c) new Union rules concerning accounting for emissions, including from
electricity consumption, low-carbon fuels and renewable fuels of non-
biological origin;
(d) emerging low-carbon production technologies, as well as the estimated
emissions’ reduction potential of emerging technologies;
(e) the need to incentivise the uptake of recycled materials in all production routes;
and
(f) the alignment with climate neutrality objectives, as laid down in Regulation
(EU) 2021/1119 of the European Parliament and of the Council62.
62 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing
the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU)
2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1, ELI:
http://data.europa.eu/eli/reg/2021/1119/oj).
EN 43 EN
Article 11
Public procurement
1. Contracting authorities and contracting entities shall exclude from access to
procurement procedures referred to in Part I of Annex II and Part I of Annex III
tenders submitted by economic operators owned or controlled by an entity
established in third countries which have not concluded an international agreement
with the Union guaranteeing such access.
2. For public procurement procedures referred to in Part I of Annex II and Part I of
Annex III, contracting authorities and contracting entities shall apply the Union
origin requirements and low-carbon requirements laid down therein in accordance
with Articles 8 and 10.
3. Contracting authorities and contracting entities may decide not to apply the
requirements set out in Annexes II and III where any of the following conditions are
fulfilled:
(a) the required products or services can only be supplied by one specific
economic operator, and no reasonable alternative or substitute exists, and the
absence of competition is not the result of an artificial narrowing down of the
parameters of the public procurement procedure;
(b) no suitable tenders or no suitable requests to participate were submitted,
including in response to a similar former public procurement procedure
launched by the same contracting authority or contracting entity in the two
years preceding the start of the planned new procurement procedure;
(c) their application would require a contracting authority or contracting entity to
acquire goods, services or works having disproportionate costs or would result
in technical incompatibility in their operation and maintenance. Estimated cost
differences exceeding 25%, based on objective and transparent data, may be
presumed by contracting authorities and contracting entities to be
disproportionate.
4. Contracting authorities and contracting entities shall require economic operators
supplying products or services to submit a self-declaration, or an equivalent
document, demonstrating compliance with the requirements set out in this Article.
Article 12
Other forms of public intervention
1. Without prejudice to Articles 107 and 108 TFEU, Member States shall design public
support schemes in a way that they contribute to the objective of strengthening the
Union’s strategic industrial value chains through the Union origin requirements, low-
carbon content requirements, or both, laid down in Part II of Annex II and Part II of
Annex III, in accordance with Articles 9 and 10 and without prejudice to Article 13.
Member States shall apply the requirements referred to in the first subparagraph to
public support schemes accounting for at least 45% of the total national budget
allocated to the public support schemes covered by Part II of Annex II and
accounting for 100% of the total national budget allocated to the public support
schemes covered by Part II of Annex III.
2. When designing and implementing a public support scheme covered by Part II of
Annex II and Part II of Annex III, the competent authority shall assess the
EN 44 EN
contribution of products and technologies to the overall target laid down therein on
the basis of an open, non-discriminatory and transparent process.
3. The competent authority may still implement support schemes that do not meet the
requirements laid down in Part II of Annex II and Part II of Annex III, in whole or in
part, if the application of such requirements:
(a) would lead to significant delays due to the unavailability of the required
components or final products. Estimated delays in excess of seven months,
based on objective, transparent and verifiable data, may be presumed to be
significant;
(b) would incur disproportionate costs. Disproportionate costs shall be presumed to
exist where, based on objective, transparent and verifiable data, compliance
would increase the cost of the underlying final product or technology by more
than 30%.
Article 13
Financial support for corporate vehicles
For the purposes of Article 4 of the [Proposal for a Regulation of 16 December 2025 on clean
corporate vehicles], the ‘made in the European Union’ criterion for providing financial
support for the uptake of corporate cars and vans shall comply with the criteria set out in Part
II of Annex III to this Regulation.
This ‘made in the European Union’ criterion shall be considered equivalent to the ‘Union
origin’ referred to in Article 7 of this Regulation.
Article 14
CO2 emission performance standards credits
1. For the purposes of Article 5(1) and (2) of Regulation (EU) 2019/631 [as amended
by the Proposal for a Regulation of 16 December 2025 amending Regulation (EU)
2019/631 as regards CO2 emission performance standards for new light duty
vehicles and vehicle labelling], the ‘made in the EU’ criterion for small zero-
emission vehicles shall comply with the criteria set out in Part III of Annex III to this
Regulation.
This ‘made in the EU’ criterion shall be considered equivalent to the ‘Union origin’
referred to in Article 7 of this Regulation.
2. For the purposes of Article 5b of Regulation (EU) 2019/631 [as amended by the
Proposal for a Regulation of 16 December 2025 amending Regulation (EU)
2019/631 as regards CO2 emission standards for new light duty vehicles and vehicle
labelling], ‘low-carbon steel made in the EU’ shall be understood as follows:
(a) ‘low-carbon’ shall comply with the conditions referred to in Article 10(1) of
this Regulation;
(b) ‘made in the EU’ shall be equivalent to the ‘Union origin’ referred to in Article
7 of this Regulation.
EN 45 EN
Article 15
Certification of a vehicle’s compliance with Union origin requirements
From [OP please insert date: six months after entry into force], when issuing a vehicle’s
certificate of conformity in accordance with Articles 36 and 37 of Regulation (EU) 2018/858,
for vehicles in compliance with the relevant Union origin requirements laid down in Annex
III to this Regulation, manufacturers shall provide an accompanying document certifying the
compliance of the vehicle.
Article 16
Delegation of powers
1. The Commission is empowered to adopt delegated acts in accordance with Article 30
to supplement this Regulation by laying down Union-level demand-side measures for
products from the chemical industry in order to promote the following activities:
(a) the production and sales of substances and mixtures of Union origin derived
from sustainable carbon sources;
(b) the use in products made available on the market of substances and mixtures of
Union origin derived from sustainable carbon sources.
In the preparation of the delegated acts, the Commission should take into account:
(a) the contribution of the requirements to the Union’s objective of economic
security, resilience and climate neutrality set out in Regulation (EU)
2021/1119;
(b) the market situation at Union level, as identified through monitoring activities,
including declining Union market shares and Union industry producing at
below capacity
(c) the impact of setting such measures on the overall competitiveness and
greenhouse gas emissions of the relevant sectors, as well as on costs for
downstream consumers and small and medium enterprises and public budgets.
2. The Commission is empowered to adopt delegated acts in accordance with Article 30
in order to amend Annex II or Annex III concerning the Union origin requirements,
low-carbon requirements or both set out for products referred to therein, taking into
account the following criteria:
(a) the market situation at Union level, as identified through monitoring activities,
including declining Union market shares and Union industry producing below
capacity;
(b) technological progress;
(c) the contribution of the requirements to the Union’s objective of public order,
economic security, resilience and climate neutrality set out in Regulation (EU)
2021/1119;
(d) demand for the relevant products or technologies driven by the downstream
sectors’ growth;
(e) share of product or technology in total production value of the downstream
sector;
(f) the impact of setting Union origin requirements, low-carbon requirements, or
both on the overall competitiveness and greenhouse gas emissions of the
EN 46 EN
relevant sectors, including on costs for downstream consumers and small and
medium enterprises and public budgets.
3. The Commission is empowered to adopt implementing acts in accordance with
Article 31(2) to specify the method for calculating the proportion of volume of
products and components originating in the Union in accordance with Regulation
(EU) No 952/2013, and where appropriate, to provide for the use of standardised
templates for certificates of compliance.
Implementing acts referred to in subparagraph 1 may also establish the methods and
procedures to be applied by the relevant competent national authorities, including
contracting authorities and contracting entities, to verify compliance with the
requirements laid down in this Regulation and, where appropriate, to make use of
digital tools for the purposes of calculation, verification and demonstration of
compliance.
CHAPTER IV
FOREIGN INVESTMENT CONTRIBUTION
Article 17
Scope
1. This Chapter shall apply to foreign direct investments exceeding a value of EUR 100
million in the emerging strategic manufacturing sectors referred to in paragraph 2,
where more than 40 % of the global manufacturing capacity is held by the third
country of which the foreign investor is a national or undertaking.
Such investments shall not be implemented unless explicitly approved by the
Investment Authority or the European Commission, referred to in Article 19, in
accordance with the provisions laid down in this Chapter.
2. This chapter shall apply to foreign direct investment in manufacturing in any of the
following emerging strategic sectors:
(a) battery technologies and its value chain for battery energy storage systems;
(b) pure electric vehicles, off-vehicle charging hybrid electric vehicles and fuel-
cell electric vehicles, including components related to electrification and
digitalisation;
(c) solar PV technologies;
(d) extraction, processing and recycling of critical raw materials.
3. This Chapter shall not apply to:
(a) investors and investments covered by economic partnership and free trade
agreements in force or provisionally applied by the Union to the extent relevant
commitments have been made under those agreements, including investments
made by the Union subsidiaries of such foreign investors;
(b) investments targeted at providing services, including investments made by the
Union subsidiaries of investors;
(c) portfolio investments.
EN 47 EN
Article 18
Value added foreign direct investment criteria
1. Member States shall, by [OP insert date: 1 month after entry into force of this
Regulation], designate an Investment Authority which shall perform the review of
foreign direct investment and implement the provisions of this Chapter.
Member States shall provide that Investment Authority with the necessary resources,
legal and administrative means for performing the tasks set out in this Regulation.
2. From [OP insert date: 12 month after entry into force of this Regulation], Investment
Authorities shall only approve foreign direct investments made directly by foreign
investors that fulfil either four or more of the following six conditions:
(a) foreign investors do not acquire, hold, or exercise ownership interests
representing more than 49% of the share capital, voting rights, or equivalent
ownership interests in any Union target, or equivalent ownership, leasehold or
other rights conferring control over a Union asset;
(b) foreign investor undertakes the direct investment through a joint venture with
one or more Union entities, with the foreign investor holding no more than
49% of the share capital, voting rights, or equivalent ownership interests or
other rights conferring control in any of the Union entities participating in the
joint venture. Such joint ventures shall be structured to ensure effective
participation of Union partners in management, technology transfer, and
capacity building;
(c) foreign investors have entered into agreements providing for the licensing of
their intellectual property rights and of their know-how to the benefit of the
Union Target, or the Union asset, to enable it to carry out its economic
activities in the context of the foreign direct investment. All intellectual
property rights or assets developed by the Union Target or the legal entity
owning the Union asset prior to the foreign investment or without the
collaboration of the foreign investor shall be fully and exclusively owned by
the Union Target or the legal entity of the Union asset. All intellectual property
rights or assets either developed in that context as a result of a collaboration
with the foreign investor’s other business assets, or in the case of point b,
developed by the joint venture, shall be owned jointly by the Foreign Investor
and the Union Target, the joint venture defined in point b or the legal entity
owning the Union asset;
(d) the foreign investor annually directs to research and development spending in
the Union an amount equivalent to at least 1% of the gross annual revenue of
the Union target, or the gross annual revenue generated by the Union asset, as
applied in proportion to the foreign investor’s share of control;
(e) at least 50% of the workforce employed in the context of the foreign direct
investment, at the time of its implementation and continuously throughout its
operation, shall be made up of Union workers across all categories of the
workforce, including operational, technical, supervisory, and managerial
positions. Such employment shall be accompanied by adequate training and
capacity-building measures. Where a Union target or Union asset already
performing manufacturing activities before the investment is acquired,
including after bankruptcy, maintaining the existing workforce or re-
employment of the former workforce shall be prioritised, in accordance with
EN 48 EN
national law and the application of collective agreements. In the event that the
foreign investor, the Union target or the Union asset receives public funding,
notwithstanding article 107 TFEU, it shall commit not to decrease the number
Union workers for a period of five years on pain of recovery by the relevant
national authorities, the funding awarded;
(f) in the context of the foreign direct investment, the foreign investor prepares
and publishes on its website a strategy for enhancing Union value chains and
prioritising the sourcing of inputs for the manufacturing activity from the
Union and endeavours to source from the Union a minimum of 30% of inputs
used for the products placed on the Union market.
3. The foreign direct investment shall comply with the condition referred to in
paragraph 2(e) to be approved by the Investment Authority pursuant to paragraph 2.
4. Investment Authorities may apply some or all of the conditions set out in paragraph 2
to direct investments made within the Union by a foreign investor’s subsidiary where
it is essential to achieve the objectives of this Regulation, under the following
conditions:
(a) preventing the circumvention of this Regulation by the foreign investor; or
(b) where no alternative measures, including commitments proposed by the foreign
investor or the foreign investor’s subsidiary, are reasonably available and less
restrictive of direct investment within the Union in order to meet the objectives
of the Regulation.
5. The Commission shall adopt an implementing act, by [OP please insert date: 6
months after entry into force of this Regulation]) to specify the detailed rules for
verifying the compliance with the conditions laid down in paragraph 2. Those
implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 31(3).
Article 19
Prior notification of planned foreign direct investments
1. A foreign investor shall notify any planned direct investment within the scope of
Article 17 to the Investment Authority of the Member State where the Union target
or Union asset is located, and which would result in control over the Union target or
Union asset as laid down in paragraph 3.
The notification shall contain all necessary information to allow the Investment
Authority to perform the investment review pursuant to Article 20.
2. For the purposes of determining whether the investment value reaches the threshold
set out in Article 17(1), only previous investments of a foreign investor made in the
same Union target or Union asset by the foreign investor from [OP please insert the
date = the date of the entry into force of this Regulation] shall be aggregated.
3. Foreign investors shall be considered to have control, where the investment in
question reaches either of the following threshold:
(a) 30 percent or more share capital or voting rights in a Union target;
(b) 30 percent or more of ownership of a Union asset, and leasehold or other rights
conferring control over a Union asset.
EN 49 EN
4. Where a foreign investor's acquisition or establishment of an investment would result
in foreign investors collectively holding more than the ownership or control
thresholds laid down in paragraph 3, that acquisition or establishment shall be
notified.
5. For the purposes of calculating whether either of the thresholds laid down in
paragraph 3 have been reached, aggregated interests held directly or indirectly,
including through affiliates, chains of ownership or by foreign investors acting in
concert, shall be considered.
6. Where the relevant Union targets or assets are located in more than one Member
State, the foreign investor shall notify the competent Investment Authorities of all
Member States concerned and the Commission on the same day with reference to the
other notifications. The Member States concerned shall coordinate the review of such
notifications and agree on the conditions imposed with the other Member States
concerned, as well as with the Commission.
The Commission shall decide which conditions shall be applied to the foreign direct
investment in case there is no agreement between the Member States concerned.
Foreign direct investment notified pursuant to the first subparagraph shall fulfil the
conditions laid down in Article 18 in all Member States concerned.
Article 20
Review and approval
1. The Investment Authority shall decide on the admissibility of the notification
pursuant to Articles 17 and 19 within 30 days of receiving the notification. That
deadline may be extended by a further 15 days where the Investment Authority
demonstrates satisfactorily that an extension is justified by the circumstances.
Where the Investment Authority decides a notification is admissible, it shall
immediately transmit the full notification to the Commission including all documents
received.
2. Within 30 days after receiving the notification, the Commission may issue a written
opinion on whether the foreign direct investment falls within the scope of Articles 17
and 19, whether it fulfils the conditions laid out in Article 18(2), and whether the
Investment Authority is to approve the investment or not.
Where the Commission issues a written opinion, it shall transmit it to the Investment
Authority without delay. The Commission may share the written opinion with the
Investment Authorities of other Member States or publish the written opinion on its
official website, with due regard to confidentiality.
3. No sooner than receiving the opinion of the Commission or the lapse of the deadline
referred to in paragraph 2 and no later than 60 days, or 75 days if the deadline was
extended in accordance with paragraph 1, after receipt of the notification, the
Investment Authority shall issue a reasoned decision approving or declining the
foreign direct investment. The Investment Authority shall approve the foreign direct
investment if it fulfils 4 out of 6 conditions set out in Article 18. The deadline for
issuing the reasoned decision may be extended by a further 30 days where the
Investment Authority demonstrates satisfactorily that an extension is justified by the
circumstances.
EN 50 EN
The Investment Authority shall communicate such reasoned decisions to the
Commission within three days of adoption.
4. Where the Investment Authority gives a decision which diverts from the Commission
opinion as regards compliance of the foreign direct investment with the conditions
laid down in Article 18, the Investment Authority shall assess the notification in
greater detail within an additional period of two months and the decision shall only
enter into force after the lapse of this deadline.
Investment Authorities shall, in their reasoned decision issued pursuant to paragraph
3, justify how the opinion of the Commission was taken into account.
5. The Investment Authority shall, in its approval decision, set out reporting obligations
on the investor concerned, with a view to assessing the continuous fulfilment of the
conditions laid down in Article 18.
6. Any party subject to a decision issued pursuant to paragraphs 1 or 3 shall have the
right to seek judicial recourse against such decision.
Article 21
Review of foreign direct investment by the Commission
1. Following the notification referred to in Article 19(1), the Commission may decide to
undertake the assessment of the foreign direct investment in the following
circumstances:
(a) on its own initiative, where the foreign direct investment has the potential to
significantly impact added value creation in the Union market;
(b) on the request of an Investment Authority handling a notification, or an
Investment Authority of another Member State, in which the foreign direct
investment in question would have a significant impact on its territory; or
(c) on its own initiative, where the foreign direct investment has value exceeding
EUR 1 billion.
2. For the purposes of paragraph 1, the foreign direct investment shall be deemed to
have the potential to significantly impact the added value creation in the internal
market, in any of the following cases:
(a) it is of particular strategic importance for the internal market;
(b) it has considerable economic impact on the territory of more than one Member
State;
(c) it has high potential of disrupting the security of supply of that emerging
strategic sector or related value chains in the Union, or security in more than
one Member State;
(d) it has high potential of having detrimental environmental effect in more than
one Member State;
(e) it is of a particularly high value compared to other investments in that
emerging strategic sector.
3. Following the notification referred to in Article 19(1), the Commission may decide to
undertake the assessment of an investment referred to in Article 18(4). The
Commission may carry out its assessment on its own initiative, or at the request of an
Investment Authority handling a notification, or an Investment Authority of another
EN 51 EN
Member State on which the foreign direct investment in question would have a
significant impact.
Based on its assessment, the Commission may require the Investment Authority to
apply in a proportionate manner, or not to apply, some or all the conditions set out in
Article18(2).
4. Where the Commission decides to assess the foreign direct investment pursuant to
this Article, the provisions set out in Article 18 shall apply, mutatis mutandis,
starting from its decision to undertake the assessment.
Article 22
Monitoring and enforcement by the Investment Authority
1. The Investment Authority shall regularly monitor the foreign direct investment to
ensure that it continues to fulfil the conditions laid down in Article 18. For that
purpose, the foreign investor shall regularly report to the Investment Authority on
compliance with the conditions.
2. Upon request by the Commission, the Investment Authority shall transmit the
investor’s reports submitted pursuant to paragraph 1 to the Commission together with
its own assessment on each report.
3. The Investment Authority shall establish penalties in case of non-compliance with
the provisions of this Chapter, in particular where foreign investors or investments
fail to comply with the following requirements:
(a) the notification requirements in accordance with Article 19;
(b) the conditions laid down in Article 18;
(c) the monitoring obligations established by this Article.
4. Penalty payments established by the Investment Authority shall not amount to less
than 5 % of the average daily aggregate turnover of the foreign investor undertaking
in case of a violation pursuant to paragraph 3, point (a).
Where the foreign investor is a private person, the Investment Authority shall
establish a penalty payment of at least 5 % of the investment value in case a violation
pursuant to paragraph 3, point (a).
The penalty payments established by the Investment Authority shall be effective and
proportionate to the violations laid down in paragraph 3.
The Investment Authority shall inform the Commission without undue delay of any
non-compliance referred to in paragraph 3 and of the consequential penalties
imposed.
Article 23
Monitoring by the Commission
1. For the purposes of Article 17, the Commission shall monitor the global
manufacturing capacity for each of the emerging strategic sectors, building on
existing monitoring activities performed, in particular pursuant to Regulation (EU)
2024/1735.
EN 52 EN
2. The Commission shall provide and publish updated information on the most recent
year for which data is available for each of the emerging strategic sectors referred to
in Article 17(2).
Where the Commission decides to assess the foreign direct investment pursuant to
Article 21, it may by decision impose penalties if the foreign investor provides false
or misleading information in their notification, or if it does not supply the
information required for the Commission to perform its review obligation.
The penalties imposed by the Commission shall not exceed the 5% average daily
turnover of the foreign investor, or in case of a private person foreign investor, 5% of
the investment value.
Article 24
Delegation of powers
1. The Commission is empowered to adopt delegated acts in accordance with Article 30
of this Regulation to supplement the list of emerging strategic sectors to be covered
by this Chapter to sectors critical to the Union’s economic security including net-
zero technologies listed in Article 4(1), points (b), (d), (e), (g), (h), (j), (k), (n), (p),
and (s), of Regulation (EU) 2024/1735, nuclear fuel cycle technologies referred to in
Article 4(1), point (i), of Regulation (EU) 2024/1735, electric propulsion
technologies for transport referred to in Article 4(1), point (r), of Regulation (EU)
2024/1735, and excluding digital technologies, artificial intelligence, quantum
technologies and semiconductors.
These delegated acts shall be without prejudice to other Union acts establishing
investment criteria for these sectors.
2. The delegated acts referred to in paragraph 1 shall be based on the following factors:
(a) an assessment of whether modifying the list of emerging strategic sectors
would unduly deter or discourage foreign direct investment in the Union;
(b) number of foreign direct investments in that sector, taking into account their
contribution to the Union’s security of supply and their added value to the
Union’s economy;
(c) market situation and conditions, including supply chain disturbances, on Union
level;
(d) technological developments and the Union’s competitiveness in that sector in
comparison to third countries;
(e) supply chain dependence in the relevant sector on one or more countries.
3. The delegated acts adopted pursuant to paragraph 1 shall contain:
(a) the threshold value referred to in Article 17(1) for each of those additional
sectors;
(b) whether the investment conditions referred to in Article 18 are appropriate and
necessary to meet the objectives of this Regulation with respect to the sector
concerned, and if not, which of those criteria is to be applied.
EN 53 EN
CHAPTER V
INDUSTRIAL MANUFACTURING ACCELERATION AREAS
Article 25
Designating national industrial manufacturing acceleration areas
1. Member States shall designate at least one industrial manufacturing acceleration area
on their territory by [OP please insert date: 12 months following the entry into force
of this Regulation] to cluster industrial manufacturing projects in one or several of
the strategic sectors listed in Annex I.
2. Member States shall designate industrial manufacturing acceleration areas by
decision, on the basis of the following elements:
(a) the impact of the industrial manufacturing acceleration area's production on the
security of the Union's supply for the strategic sectors listed in Annex I;
(b) the potential of the industrial manufacturing acceleration area to support the
deployment of production capacity in the strategic sectors listed in Annex I, to
strengthen Union value chains and the Union’s innovation potential to
accelerate sustainable manufacturing industrial activities, including
decarbonisation and circular business practices, and to foster the functioning of
the internal market, in alignment with strategic projects and other initiatives,
including as Net Zero Acceleration Valleys, carried out pursuant to other
Union legislation;
(c) the number of SMEs and SMCs that would benefit from the provisions of this
Chapter within the industrial acceleration area;
(d) the Member State’s regions’ level of development, including least developed
areas, regions in transition, and those undergoing industrial transformation.
3. When designating industrial manufacturing acceleration areas, Member States shall:
(a) define a clear geographic scope for the acceleration area;
(b) prioritise locations where the deployment of a specific sector or sectors of
industrial manufacturing projects is not expected to have a significant
environmental impact;
(c) prioritise locations outside Natura 2000 sites and outside areas designated
under national protection schemes for nature and biodiversity conservation, as
well as other areas identified on the basis of sensitivity maps and outside
protected areas as referred to in Article 6 of Directive 2000/60/EC;
(d) take into account climate risks in the areas designated;
(e) prioritise artificial and built surfaces, industrial sites, and brownfield sites, as
well as already identified strategic projects pursuant to other Union legislation.
4. When designating industrial manufacturing acceleration areas, Member States shall
take into account, as relevant, the following considerations:
(a) the infrastructural needs of the acceleration area;
(b) the financing needs of manufacturing industry located in the acceleration area
and the possibility to support that industry, where applicable, in accordance
with applicable State aid rules;
EN 54 EN
(c) the supply chain needs within the acceleration area and the essential materials,
particularly secondary materials, necessary for manufacturing activities;
(d) the feasibility of connecting the acceleration area with sufficient low-carbon
energy supply for the acceleration of industrial manufacturing activity;
(e) skill needs, the shortages and employment trends and support measures to
achieve the adequate reskilling and upskilling of the local workforce;
(f) the need, as relevant, for depollution of the acceleration area to facilitate the
commencement of new industrial activities;
(g) research and innovation needs for accelerating the manufacturing industrial
activity in the area;
(h) relevant location-specific information made publicly available by industry,
including corporate climate transition plans, related targets and actions,
investment needs, and required enabling policy frameworks.
5. Before their adoption, the plans or programmes on the designation of the industrial
manufacturing acceleration areas shall be subject to an environmental assessment
pursuant to Directive 2001/42/EC of the European Parliament and of the Council63,
and, if they are likely to have a significant impact on Natura 2000 sites, to the
appropriate assessment pursuant to Article 6(3) of Council Directive 92/43/EEC64
and, where applicable, to the relevant assessment to comply with Article 4(7) of
Directive 2000/60/EC of the European Parliament and of the Council65.
6. Member States shall inform the Commission of the designation of an industrial
manufacturing acceleration area, within 30 days from the adoption of the relevant
decision.
Article 26
Enabling conditions
Member States shall take the following measures, where appropriate, to facilitate the
development of industrial manufacturing acceleration areas:
(a) facilitate financing of projects in the acceleration areas by ensuring
coordination between authorities and streamlining internal procedures, in
synergy with Union programmes and in accordance with existing State aid
rules where applicable, taking into account the participation of SMEs and
SMCs;
(b) promote research and innovation investments to accelerate the innovative
potential and Union’s competitiveness and technology leadership in the
acceleration areas;
(c) conduct, and review at least every three years, a comprehensive analysis of the
energy needs of each acceleration area and identifying the required energy
63 Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the
assessment of the effects of certain plans and programmes on the environment (OJ L 197, 21.7.2001, p.
30, ELI: http://data.europa.eu/eli/dir/2001/42/oj). 64 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna
and flora (OJ L 206, 22.7.1992, p. 7, ELI: http://data.europa.eu/eli/dir/1992/43/oj). 65 Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a
framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1, ELI:
http://data.europa.eu/eli/dir/2000/60/oj).
EN 55 EN
infrastructure capacity for the proper functioning and development of industrial
manufacturing projects located in the acceleration area.
Such analysis shall be conducted, at least, when designating the industrial
acceleration area and for the milestones of years 2030, 2040 and 2050,
ensuring alignment with the Union’s decarbonisation pathway;
(d) ensure that the network development plans prepared by transmission system
operators pursuant to Article 51 of Directive (EU) 2019/944 of the European
Parliament and of the Council66 and distribution system operators pursuant to
Article 32 of Directive (EU) 2019/944 take due account of the analysis
prepared pursuant to point (c) of this paragraph, considering the potential of
anticipatory investments to accommodate future system needs;
(e) exchange information on relevant supply chains, identify potential bottlenecks,
and strengthen coordination between acceleration areas on critical raw
materials issues within the framework of the European Critical Raw Materials
Board established by Article 35 of Regulation (EU) 2024/1252;
(f) promote entities in the acceleration areas and facilitate their participation,
where relevant, in the joint purchasing mechanism established by Article 25 of
Regulation (EU) 2024/1252, including by providing guidance, support, and
information to ensure effective engagement;
(g) support the development and availability of a highly skilled workforce and
provide appropriate training and apprenticeship opportunities, thereby
contributing to high-quality employment within those acceleration areas;
(h) exchange information on the necessary skills, potential shortages of those skills
and best practices applied in the acceleration areas within the framework of the
Industrial Forum expert group established by COM/2020/10267;
(i) ensure synergies and promote the benefits provided under the Pact for Skills68
or entities established in the acceleration areas, with particular attention to
Large-Scale Skill Partnerships and Regional Skills Partnerships included
therein.
Article 27
Permit-granting procedures in acceleration areas
1. For each designated industrial manufacturing acceleration area, Member States shall
prepare and issue an aggregated baseline permit authorising industrial activities
located within that area. This aggregated baseline permit shall cover the permits and
administrative authorisations required for the industrial manufacturing projects
66 Directive (EU) 2019/944 of the European Parliament and of the Council of 5 June 2019 on common
rules for the internal market for electricity and amending Directive 2012/27/EU (OJ L 158, 14.6.2019,
p. 125, ELI: http://data.europa.eu/eli/dir/2019/944/oj). 67 Communication from the Commission to the European Parliament, the European Council, the Council,
the European Economic and Social Committee and the Committee of the Regions a New Industrial
Strategy for Europe (COM/2020/102 final). 68 Communication from the Commission to the European Parliament, the Council, the European
Parliament, the European Economic and Social Committee and the Committee of the Regions,
European Skills Agenda for sustainable competitiveness, social fairness and resilience ((COM(2020)
274 final).
EN 56 EN
located within the acceleration area, excluding those permits that are installation
specific.
2. Before issuing the aggregated baseline permit referred to in paragraph 1, Member
States shall carry out all necessary assessments, including relevant environmental
assessments, planning procedures and evaluations applicable at the level of the
acceleration area. Member States shall take into account the assessment carried out
pursuant to Article 25(5).
3. Industrial manufacturing projects located within an industrial manufacturing
acceleration area shall be required to obtain only those additional permits or
authorisations that fall outside the scope of the aggregated baseline permit referred to
in paragraph 1.
4. All industrial manufacturing projects located within an acceleration area shall be
considered strategic projects contributing to resilience and decarbonisation or
resource efficiency for the purposes of [Article 14 of Proposal for a Regulation on
speeding-up environmental assessment]. Points 1, 2 and 3 of the Annex to that
Regulation shall apply.
CHAPTER VI
FINAL PROVISIONS
Article 28
Evaluation
By [OP: Please insert the date = two years after the date of entry into force of this
Regulation], and every three years thereafter, the Commission shall carry out an evaluation of
this Regulation and of its contribution to the functioning of the internal market. The
evaluation shall consider:
(a) progress made in achieving the objectives specified in Article 1, particularly on
resilience, economic security and decarbonisation of industrial production;
(b) progress made in achieving the industrialisation objective pursuant to Article 2,
taking into account the challenges and opportunities in the internal market and
global markets;
(c) the related administrative costs, economic impacts on downstream sectors,
small and medium enterprises and impacts on public budgets.
Article 29
Review
By [OP: Please insert the date three years after the date of entry into force this Regulation],
the Commission shall assess the necessity of amending Chapters III and IV. The Commission
may submit a legislative proposal in order to repeal or amend this Regulation. That review
shall be carried out periodically every three years after the first review.
When carrying out its review, the Commission shall pay particular attention to the
effectiveness of this Regulation and the persistence of the circumstances that have justified
the adoption of this Regulation and to the necessity to introduce Union origin requirements
for products from certain sectors critical to the Union’s economic security, notably the
building of ships and of rail rolling stock.
EN 57 EN
Article 30
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the
conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Articles 8, 9, 10, 16 and 24shall be
conferred on the Commission for an indeterminate period of time from [OP please
insert the date = the date of the entry into force of this Regulation].
3. The delegation of power referred to in Articles 8, 9, 10, 16 and 24 may be revoked at
any time by the European Parliament or by the Council. A decision to revoke shall
put an end to the delegation of the power specified in that decision. It shall take
effect on the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not affect the validity
of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by
each Member State in accordance with the principles laid down in the
Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 8, 9, 10, 16 and 24shall enter into force
only if no objection has been expressed either by the European Parliament or by the
Council within a period of two months of notification of that act to the European
Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at the initiative of the European
Parliament or of the Council.
Article 31
Committee procedure
1. The Commission shall be assisted by a Committee. That Committee shall be a
committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No
182/2011 shall apply.
3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No
182/2011 shall apply.
Article 32
Penalties
Member States shall lay down rules on penalties applicable to infringements of the provisions
of this Regulation and shall take all necessary measures to ensure that they are implemented.
The penalties provided for shall be effective, proportionate and dissuasive. Member States
shall, without delay, notify the Commission of those rules and measures and shall notify it,
without delay, of any subsequent amendment affecting them.
EN 58 EN
Article 33
Amendments to Regulation (EU) 2018/1724
Annexes I and II to Regulation (EU) 2018/1724 are amended in accordance with Annex V to
this Regulation.
Article 34
Amendments to Regulation (EU) 2024/1735
Regulation (EU) 2024/1735 is amended as follows:
(1) in Article 3 the following points (34), (35) and (36) are added:
(a) ‘(34) ‘industrial battery’ means an industrial battery as defined in Article 3(1),
point (13), of Regulation (EU) 2023/1542 of the European Parliament and the
Council*;’
(b) ‘(35) ‘stationary battery energy storage system’ means a stationary battery
energy storage system as defined in Article 3(1), point (15), of Regulation (EU)
2023/1542;’
(c) ‘(36) ‘hydronic heat pump’ means a space heater using ambient heat from an
air source, water source or ground source, and/or waste heat for heat generation
and heating space through a water circuit.’
___
* Regulation (EU) 2023/1542 of the European Parliament and of the Council of
12 July 2023 concerning batteries and waste batteries, amending Directive
2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive
2006/66/EC (OJ L 191, 28.7.2023, p. 1, ELI:
http://data.europa.eu/eli/reg/2023/1542/oj).;
(2) in Article 9, the following paragraph (14) is added:
14. All net-zero technology manufacturing projects shall be considered strategic
projects contributing to resilience and decarbonisation or resource efficiency for the
purpose of Article 14(1) of [Proposal for a Regulation on speeding-up environmental
assessment].’;
(3) Article 25 is amended as follows:
(a) paragraph 1 is replaced by the following:
‘1. For public procurement procedures falling within the scope of Directive
2014/23/EU, 2014/24/EU or 2014/25/EU, where contracts have net-zero
technologies listed in Article 4(1), points (a) to (d), (h) and (i), of this
Regulation as part of their subject matter, or in the case of works contracts and
works concessions including said technology, contracting authorities and
contracting entities shall apply minimum mandatory requirements regarding
environmental sustainability established in the implementing act referred to in
paragraph 5 of this Article.’;
(b) in paragraph 7, the first subparagraph is replaced by the following:
‘The tender’s resilience contribution shall be taken into account in the case of
public procurement procedures, work contracts and works concessions referred
to in paragraph 1, in accordance with this paragraph.’
EN 59 EN
(c) in paragraph 7, point (a) is replaced by the following:
‘(a) an obligation for the duration of the contract not to supply more than 50 %
of the value of the specific net-zero technology final product referred to in this
paragraph from each individual third country as determined by the
Commission;
(d) in paragraph 7, point (b) is replaced by the following:
‘(b) an obligation for the duration of the contract that no more than 50 % of the
value of all the main specific components of the specific net-zero technology
referred to in this paragraph taken together is supplied or provided directly by
the successful tenderer or by a subcontractor from each individual third country
as determined by the Commission;’;
(4) The following Article 25a is inserted:
‘Article 25a
Origin requirements for public procurement procedures
1. For public procurement procedures referred to in Annex II, contracting authorities
and contracting entities shall exclude from access to such procurement procedures
tenders submitted by economic operators owned or controlled by an entity
established in third countries which have not concluded an international agreement
with the Union guaranteeing such access.
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.
3. Contracting authorities and contracting entities may decide not to apply one or
several requirements set out in Annex II where any of the following conditions are
fulfilled:
(a) the required products can only be supplied by one specific economic operator,
and no reasonable alternative or substitute exists, and the absence of
competition is not the result of an artificial narrowing down of the parameters
of the public procurement procedure;
(b) no suitable tenders or no suitable requests to participate have been submitted,
including in response to a similar former public procurement procedure
launched by the same contracting authority or contracting entity in the two
years preceding the start of the planned new procurement procedure;
(c) their application would require a contracting authority or contracting entity to
acquire goods, services or works having disproportionate costs or would result
in technical incompatibility in operation and maintenance. Estimated cost
differences in excess of 25%, based on objective and transparent data, may be
presumed by contracting authorities and contracting entities to be
disproportionate.
(d) their application would lead to significant delays to the delivery of the project
due to the unavailability of the required components or final products.
Estimated delays in excess of seven months, based on objective, transparent
and verifiable data, may be presumed to be significant.
EN 60 EN
4. Contracting authorities shall require economic operators supplying products falling
within the scope of this Article to submit a self-declaration, or an equivalent
document, demonstrating compliance with the requirements set out in this Article.’
(5) Article 26 is amended as follows:
(a) the heading is replaced by the following: ‘Auctions for net-zero technologies’
(b) paragraph 1 is amended as follows:
the introductory wording is replaced by the following:
‘When designing auctions for net-zero technologies listed in Article 4(1),
points (a) to (g), (i) and (j), Member states shall include:’
in point (a), the following point (iv) is added:
‘ (iv) high-risk suppliers as defined in Article 2 point (39) of Regulation
xxxx/xxxx [CSA2]: For auctions that include control systems,
management control systems, supervisory control and data acquisition
systems, remote access systems or firewalls, suppliers identified as high-
risk suppliers in accordance with Regulation xxxx/xxxx [CSA2]shall not
be involved in the following processes:
(1) the supply of those products or systems;
(2) the design, development or production of those products or
systems;
(3) the management, control or operation of those products or systems;
(4) the development, maintenance, operation, or updating of their
software
point (b), is replaced by the following: ‘pre-qualification criteria or award
criteria as referred to in paragraphs 2 and 2a’.
(c) The following paragraph 2a is inserted: ‘2a. Where the auctions have net-zero
technologies listed in Annex II as part of their subject-matter, Member States
shall include the pre-qualification or award criteria laid down in Annex II.’
Criteria relating to specific main specific components shall only apply to the
extent that those components are included in the final product.’;
(d) in paragraph 3, the first subparagraph is replaced by the following: ‘The
Commission is empowered to adopt an implementing act further specifying the
pre-qualification and award criteria referred to in paragraph 1points (a), (i), (ii)
and (iii), and paragraph 2.’
(e) paragraph 4 is replaced by the following: ‘4. Member States shall give to each
of the criteria referred to in paragraphs 2 and 2a, when applied as award
criteria, a minimum weight of 5 % and a combined weight of between 15 %
and 30 % of the award criteria. That is without prejudice to the possibility to
give a higher weighting to the criteria referred to in the fourth subparagraph of
paragraph 2, in accordance with any limit for non-price criteria set out in State
aid rules.’.
(f) paragraph 5 is replaced by the following: ‘5. Member States shall not be
required to apply one or several of the pre-qualification and award criteria laid
down in paragraph 1, points (a), (i), (ii) and (iii), and paragraph 1, point (b),
where the application of those criteria would result in disproportionate costs or
EN 61 EN
in significant delays to the delivery of the project due to the unavailability of
the required components or final products. Estimated cost differences in excess
of 20% per auction, based on objective and verifiable data, may be presumed
by Member States to be disproportionate. Delays in excess of seven months,
based on objective, transparent and verifiable data, may be presumed to be
significant.’
(g) paragraph 7 is replaced by the following: ‘7. Paragraphs 1 to 5 shall apply to at
least 40% of the volume auctioned per year per Member State or alternatively
to at least 8 Gigawatt per year per Member State. Paragraph 1, points (a)(ii)
and (iv), shall apply to 100% of the volume auctioned per Member State.’
(h) in paragraph 8, the introductory wording is replaced by the following: ‘By 31
December 2027, the Commission shall carry out a comprehensive assessment
of the application of the criteria referred to in paragraph 2 and their effect on
the accelerated deployment of renewable energy technologies. By 31
December 2029 and every two years thereafter, the Commission shall carry out
a comprehensive assessment of the application of the criteria referred to in
paragraphs 2 and 2a and their effect on the accelerated deployment of
renewable energy technologies. In particular, the Commission shall assess the
impact of the criteria on:’
(6) The following Articles 28a to 28e are inserted:
Article 28a
Origin requirements for other forms of public intervention
1. Without prejudice to Articles 107 and 108 TFEU, support schemes referred to in
Annex II shall include the 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.
2. When designing and implementing a scheme pursuant to paragraph 1, the authority
shall assess the fulfilment of the requirements on the basis of an open, non-
discriminatory and transparent process.
3. When additional financial compensation is granted, it shall not exceed 15% of the
cost of the final product for the consumer, including transport and installation costs
where relevant, with the exception of schemes targeting citizens living in energy
poverty, as defined in Article 2, point (1), of Regulation (EU) 2023/955 of the
European Parliament and of the Council (57), for which the limit shall be 20 %.
Article 28b
Limitations to high-risk suppliers for other forms of public intervention
For support schemes within the scope of Articles 28 and 28a that include control systems,
management control systems, supervisory control and data acquisition systems, remote access
systems or firewalls, Member States shall design those schemes in such a way as to ensure
that beneficiaries shall be eligible to the scheme only where suppliers identified as high-risk
suppliers in accordance with Regulation xxxx/xxxx [CSA2] are not be involved in the
following processes:
(a) the supply of those products or systems;
(b) the design, development or production of those products or systems;
EN 62 EN
(c) the management, control or operation of those products or systems;
(d) the development, maintenance, operation, or updating of their software.
Article 28c
Union origin requirements for Member State support to construction and
manufacturing of net-zero technologies
1. Without prejudice to Articles 107 and 108 TFEU and in accordance with the Union’s
international commitments, when supporting the construction or manufacturing of
net-zero technology final products referred to in Annex II of this Regulation,
Member States shall ensure that the Union origin requirements laid down in that
Annex are met. Requirements relating to specific main specific components shall
only apply to the extent that those components are included in the final product.
2. Member States may decide not to apply one or several requirements referred to in
paragraph 1 where any of the following conditions are fulfilled:
(a) the required components can only be supplied by one specific economic
operator, and no reasonable alternative or substitute exists, and the absence of
competition is not the result of an artificial narrowing down of the parameters
of the public procurement procedure;
(b) their application would result in disproportionate costs or technical
incompatibility in operation or maintenance. Estimated cost differences in
excess of 25%, based on objective and transparent data, may be presumed to be
disproportionate;
(c) their application would jeopardise the project or lead to significant delays to
the delivery of the project due to the unavailability of the required components
or final products. Delays in excess of seven months, based on objective,
transparent and verifiable data, may be presumed to be significant.
3. Without prejudice to Articles 107 and 108 TFEU and in accordance with the Union’s
international commitments, when supporting the manufacturing of net-zero
technology final products referred to in Annex II of this Regulation and that include
control systems, management control systems, supervisory control and data
acquisition systems, remote access systems or firewalls, Member States shall ensure
that suppliers identified as high-risk suppliers in accordance with Regulation
xxxx/xxxx [CSA2] are not involved in the following processes:
(a) the supply of those products or systems;
(b) the design, development or production of those products or systems;
(c) the management, control or operation of those products or systems;
(d) the development, maintenance, operation, or updating of their software.
Article 28d
Union origin
1. For the purposes of Articles 25a, 26 and 28a and 28c, content of Union origin refers
to content originating in the Union.
2. The origin of products and components shall be determined in accordance with
Regulation (EU) No 952/2013 of the European Parliament.
EN 63 EN
Article 28e
Content equivalent to Union origin in public procurement
1. With respect to the Union origin requirements referred to in Article 25a, content
originating in third countries with which the Union has concluded an agreement
establishing a free trade area or a customs union, or that are parties to the Agreement
on Government Procurement, where relevant obligations of the Union exist under
that agreement, shall be deemed to be of Union origin .
2. The Commission shall adopt delegated acts in accordance with Article 44 to exclude,
in whole or in part, a third country from the scope of paragraph 1 based on any of the
following criteria:
(e) that third country has failed to provide national treatment related to Union
products or entities under the agreements referred to in paragraph 1 in relation
to any of the net-zero technologies listed in Article 4, point (1);
(f) such exclusion is justified to avoid dependencies or any other developments
that may threaten the security of supply in the Union of the products in
question;
(g) such exclusion is justified under any other exception under the applicable
agreement.
Article 28f
Content equivalent to Union origin in auctions
3. With respect to the Union origin requirements referred to in Article 26, content
originating in third countries with which the Union has concluded an agreement
establishing a free trade area or a customs union shall be deemed to be of Union
origin.
4. The Commission shall adopt delegated acts in accordance with Article 44 to exclude,
in whole or in part, a third country from the scope of paragraph 1 based on any of the
following criteria:
(h) that third country has failed to provide national treatment related to Union
products or entities under the agreements referred to in paragraph 1 in relation
to any of the net-zero technologies listed in Article 4, point (1);
(i) such exclusion is justified to avoid dependencies or any other developments
that may threaten the security of supply in the Union of the products in
question;
(j) such exclusion is justified under any other exception under the applicable
agreement.
Article 28g
Content equivalent to Union origin in other forms of public intervention
1. With respect the Union origin requirements set out in Article 28a, content originating
in third countries with which the Union has concluded an agreement establishing a
free trade area or a customs union shall be deemed to be of Union origin.
2. The Commission shall adopt delegated acts in accordance with Article 44 to exclude,
in whole or in part, a third country from the scope of paragraph 1 based on any of the
following criteria:
EN 64 EN
(k) that third country has failed to provide national treatment related to Union
products or entities under the agreements referred to in paragraph 1 in relation
to any of the net-zero technologies listed in Article 4, point (1);
(l) such exclusion is justified to avoid dependencies or any other developments
that may threaten the security of supply in the Union of the products in
question;
(m) such exclusion is justified under any other exception under the applicable
agreement.
Article 28h
Delegation of power
1. The Commission is empowered to adopt delegated acts in accordance with Article 44
to amend the Union origin requirements laid down in Annex II, taking into account
the following criteria:
(a) the market situation at Union level including declining Union market shares
and Union industry producing below capacity;
(b) the contribution of the requirements to the Union’s objective of public order,
economic security, resilience and climate neutrality set out in Regulation (EU)
2021/1119;
(c) technological progress;
(d) demand for the relevant net-zero technologies;
(e) the impact of setting Union origin requirements on the overall competitiveness
and greenhouse gas emissions of the relevant sectors.
2. The Commission is empowered to adopt delegated acts to supplement Annex II with
Union origin requirements for additional specific net-zero technology final products
referred to in Article 4(1), points (g), (h), (j), (k), (n), (p), and (s), as well as solar
thermal technologies referred to in Article 4(1), point (a), nuclear fuel cycle
technologies referred to in Article 4(1), point (i), and electric propulsion technologies
for transport referred to in Article 4(1), point (r), which shall be required in
accordance with Articles 25a, 26, 28a and 28c. In doing so, the Commission shall
take the following into account:
(a) the market situation at Union level, as identified through monitoring activities,
including declining Union market shares and Union industry producing below
capacity;
(b) the contribution of the requirements to the Union’s objective of public order,
economic security, resilience and climate neutrality;
(c) the impact of setting Union origin requirements, low-carbon requirements, or
both on the overall competitiveness and greenhouse gas emissions of the
relevant sectors, as well as on downstream costs for consumers and small and
medium enterprises and on public budgets.
(d) demand for the relevant products or technologies.
1. The delegated acts referred to in paragraph 2 shall set out:
(a) the products and components to which the minimum Union origin requirements
shall apply;
EN 65 EN
(b) the scope of application of the minimum Union origin requirements;
(7) Article 42 is amended as follows:
(a) the following paragraph 2a is inserted:
‘2a. Member States, public authorities, procuring authorities and procuring
entities applying Chapter IV of this Regulation shall report on the application
of exemptions in accordance with the provisions of that Chapter.’
(b) paragraph 3 is replaced by the following:
‘3. Where they are not already included in, or in accordance with the elements
of, the national energy and climate plans, each Member State shall submit to
the Commission a report setting out the data referred to in paragraphs 2 and 2a
by 15 March 2027 and every three years thereafter.’;
(8) The following Annex II is added:
‘ANNEX II
Union origin requirements for net-zero technologies
Part I – Public procurement
1. In accordance with Article 25a, for public procurement procedures published after
the entry into force of this Regulation falling within the scope of Directives
2014/23/EU, 2014/24/EU or 2014/25/EU where contracts, works contracts or work
concessions include the procurement of the following net-zero technologies,
procurement documents shall include the requirements laid down below:
(a) Battery energy storage systems:
From [OP: Please insert the date = 1 year after entry into force of this
Regulation] until [3 years after entry into force of this Regulation], the
battery energy storage systems shall originate in the Union and, for
projects including battery energy storage exceeding 1 Megawatt-hour,
contain a battery management system that originates in the Union.
From [OP: Please insert the date = 3 years after entry into force of this
Regulation], the battery energy storage systems shall originate in the
Union and contain battery cells, a battery management system as well as
one additional main specific component that originate in the Union.
(b) Solar PV technologies: From [OP: Please insert the date = 3 years after entry
into force of this Regulation], the PV inverter and the PV cells or equivalent
shall originate in the Union.
(c) Hydronic heat pumps: From [OP: Please insert: 3 years after the entry into
force of this Regulation] the hydronic heat pump shall originate in the Union.
(d) Onshore and offshore wind technologies:
From [OP: Please insert the date = 1 year after the entry into force of this
Regulation] until [OP: Please insert the date = 3 years after entry into
force of this Regulation], one main specific component shall originate in
the Union.
From [OP: Please insert the date = 3 years after the entry into force of this
Regulation], two main specific components shall originate in the Union.
(e) Nuclear fission technologies:
EN 66 EN
For public procurement procedures published after [OP: Please insert the date
= 4 years after entry into force of this Regulation] where works contracts
or work concessions include the construction on a new-build nuclear
power plant, including small modular nuclear reactors (SMR), at least
two main specific components shall originate in the Union.
For public procurement procedures published after [OP: Please insert the date
= 6 years after entry into force of this Regulation] where works contracts
or work concessions include the construction on a new-build nuclear
power plant, including small modular nuclear reactors (SMR), at least
three main specific components shall originate in the Union.
These requirements shall not apply to research, development and innovation
projects including first industrial deployment of nuclear power plants.
Part II – Auctions
In accordance with Article 26, when auctions have the following net-zero technologies as part
of their subject-matter, Member States shall include the pre-qualification or award criteria laid
down below:
(a) Battery energy storage systems:
For auctions published from [OP: Please insert the date = 1 year after entry into
force of this Regulation] until [OP: Please insert the date = 3 years after
entry into force of this Regulation], the battery energy storage system
shall originate in the Union and, for projects including battery energy
storage exceeding 1 Megawatt-hour, contain a battery management
system that originates in the Union.
For auctions published after [OP: Please insert the date = 3 years after entry
into force of this Regulation], the battery energy storage system shall
originate in the Union and contain battery cells, a battery management
system as well as one additional main specific components that originate
in the Union.
(b) Solar PV technologies: For auctions published after [OP: Please insert the date
= 3 years after entry into force of this Regulation], PV inverter and the PV cells
or equivalent shall originate in the Union.
(c) Hydrogen:
For auctions published after [OP: Please insert the date = 1 year after the entry
into force of this Regulation], the electrolysers used to produce the
hydrogen shall originate in the Union, and the stacks as well as one
additional main specific component shall originate in the Union.
For auctions published after [OP: Please insert the date = 3 years after the entry
into force of this Regulation], the electrolysers used to produce the
hydrogen shall originate in the Union, and the stacks as well as two
additional main specific components shall originate in the Union.
(d) Onshore and offshore wind technologies:
For auctions published from [OP: Please insert the date = 1 year after entry into
force of this Regulation] until [OP: Please insert the date = 3 years after
entry into force of this Regulation], one main specific component of the
wind turbine shall originate in the Union.
EN 67 EN
For auctions published after [OP: Please insert the date = 3 years after entry
into force of this Regulation], two main specific components of the wind
turbine shall originate in the Union.
Part III – Other forms of public intervention
In accordance with Article 28b, when deciding to set up new schemes or to update existing
schemes benefitting households or companies that support the demand for net-zero
technology final products listed in this paragraph, Member States, regional or local
authorities, bodies governed by public law or associations formed by one or more such
authorities or one or more such bodies governed by public law, shall design the schemes in
such a way as to ensure that beneficiaries shall be eligible to the scheme or to additional
financial compensation only where the requirements laid down below are fulfilled:
(a) Battery energy storage systems:
For schemes set up or updated between [OP: Please insert the date = 1 year
after entry into force of this Regulation] and [OP: Please insert the date =
3 years after entry into force of this Regulation], the battery energy
storage systems shall originate in the Union and, for projects including
battery energy storage exceeding 1 Megawatt-hour, contain a battery
management system that originates in the Union.
For schemes set up or updated from [OP: Please insert the date = 3 years after
entry into force of this Regulation], the battery energy storage systems
shall originate in the Union and contain battery cells, a battery
management system as well as one additional main specific components
that originate in the Union.
(b) Solar PV technologies: For schemes set up or updated from [OP: Please insert
the date = 3 years after entry into force of this Regulation], the PV inverter and
the PV cells or equivalent shall originate in the Union.
(c) Hydronic heat pumps: For schemes set up or updated from [OP: Please insert
the date = 3 years after entry into force of this Regulation], the hydronic heat
pump shall originate in the Union.
IV – Member State support to construction or manufacturing of net-zero technologies
In accordance with article 28c, when supporting the construction or manufacturing of the
following net-zero technology final products, Member States shall ensure that the Union
origin requirements laid down below are fulfilled:
(a) Hydrogen:
From [OP: Please insert the date = 1 year after entry into force of this
Regulation] when setting up new support schemes for investments into
supporting the manufacturing capacity of electrolysers, Member States
shall ensure that the electrolyser originates in the Union and the stack and
at least one additional main specific component of the electrolyser
originate in the Union.
From [OP: Please insert the date = 3 years after entry into force of this
Regulation] when setting up new support schemes for investments into
supporting the manufacturing capacity of electrolysers, Member States
shall ensure that the electrolyser originates in the Union and the stack and
EN 68 EN
at least two additional main specific components of the electrolyser
originate in the Union.
(b) Nuclear:
For projects for which the application for support takes place after [OP: Please
insert the date = 4 years after entry into force of this Regulation] when
supporting the construction of new-build nuclear power plants, including
small modular nuclear reactors (SMR), Member States shall ensure that
at least two main specific components of the nuclear fission technology
final products originate in the Union.
For projects for which the application for support takes place after [OP: Please
insert the date = 6 years after entry into force of this Regulation] when
supporting the construction of new-build nuclear power plants, including
small modular nuclear reactors (SMR), Member States shall ensure that
at least three main specific components of the nuclear fission technology
final products originate in the Union.
These requirements shall not apply to research, development and innovation
projects including first industrial deployment of nuclear power plants.
Article 35
Amendments to Regulation (EU) 2024/3110
In Article 22(9) of Regulation (EU) 2024/3110, the first subparagraph is replaced by the
following:
‘In order to ensure transparency for users and to promote sustainable products, the
Commission is empowered to adopt delegated acts in accordance with Article 89 to
supplement this Regulation, by establishing specific environmental sustainability
labelling requirements for particular product families and product categories.’.
Article 36
Entry into force and application
This Regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Union.
Articles 4 and 5 shall apply from [OP: Please insert the date = [one] year after the date of
entry into force of this Regulation].
This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaties.
Done at Brussels,
For the European Parliament For the Council
The President The President
EN 1 EN
LEGISLATIVE FINANCIAL AND DIGITAL STATEMENT
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE ................................................. 3
1.1. Title of the proposal/initiative ...................................................................................... 3
1.2. Policy area(s) concerned .............................................................................................. 3
1.3. Objective(s) .................................................................................................................. 3
1.3.1. General objective(s) ..................................................................................................... 3
1.3.2. Specific objective(s) ..................................................................................................... 3
1.3.3. Expected result(s) and impact ...................................................................................... 3
1.3.4. Indicators of performance ............................................................................................ 3
1.4. The proposal/initiative relates to: ................................................................................. 4
1.5. Grounds for the proposal/initiative .............................................................................. 4
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative ............................................................ 4
1.5.2. Added value of EU involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this section 'added value of EU involvement' is the value resulting
from EU action, that is additional to the value that would have been otherwise
created by Member States alone. ................................................................................. 4
1.5.3. Lessons learned from similar experiences in the past .................................................. 4
1.5.4. Compatibility with the multiannual financial framework and possible synergies with
other appropriate instruments ....................................................................................... 5
1.5.5. Assessment of the different available financing options, including scope for
redeployment ................................................................................................................ 5
1.6. Duration of the proposal/initiative and of its financial impact .................................... 6
1.7. Method(s) of budget implementation planned ............................................................. 6
2. MANAGEMENT MEASURES................................................................................... 8
2.1. Monitoring and reporting rules .................................................................................... 8
2.2. Management and control system(s) ............................................................................. 8
2.2.1. Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed .................. 8
2.2.2. Information concerning the risks identified and the internal control system(s) set up
to mitigate them............................................................................................................ 8
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between
the control costs and the value of the related funds managed), and assessment of the
expected levels of risk of error (at payment & at closure) ........................................... 8
2.3. Measures to prevent fraud and irregularities ................................................................ 9
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE ............ 10
3.1. Heading(s) of the multiannual financial framework and expenditure budget line(s)
affected ....................................................................................................................... 10
EN 2 EN
3.2. Estimated financial impact of the proposal on appropriations ................................... 12
3.2.1. Summary of estimated impact on operational appropriations.................................... 12
3.2.1.1. Appropriations from voted budget ............................................................................. 12
3.2.1.2. Appropriations from external assigned revenues ....................................................... 17
3.2.2. Estimated output funded from operational appropriations......................................... 22
3.2.3. Summary of estimated impact on administrative appropriations ............................... 24
3.2.3.1. Appropriations from voted budget .............................................................................. 24
3.2.3.2. Appropriations from external assigned revenues ....................................................... 24
3.2.3.3. Total appropriations ................................................................................................... 24
3.2.4. Estimated requirements of human resources.............................................................. 25
3.2.4.1. Financed from voted budget....................................................................................... 25
3.2.4.2. Financed from external assigned revenues ................................................................ 26
3.2.4.3. Total requirements of human resources ..................................................................... 26
3.2.5. Overview of estimated impact on digital technology-related investments ................ 28
3.2.6. Compatibility with the current multiannual financial framework.............................. 28
3.2.7. Third-party contributions ........................................................................................... 28
3.3. Estimated impact on revenue ..................................................................................... 29
4. DIGITAL DIMENSIONS .......................................................................................... 29
4.1. Requirements of digital relevance .............................................................................. 30
4.2. Data ............................................................................................................................ 30
4.3. Digital solutions ......................................................................................................... 31
4.4. Interoperability assessment ........................................................................................ 31
4.5. Measures to support digital implementation .............................................................. 32
EN 3 EN
1. FRAMEWORK OF THE PROPOSAL/INITIATIVE
1.1. Title of the proposal/initiative
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
on establishing a framework of measures for accelerating industrial capacity and
decarbonisation in strategic sectors and amending Regulation (EU) 2018/1724,
Regulation (EU) 2024/1735 and Regulation (EU) 2024/3110 (Industrial Accelerator
Act).
1.2. Policy area(s) concerned
Single market, Competitiveness, Climate.
1.3. Objective(s)
1.3.1. General objective(s)
The general objective is to increase decarbonised and resilient industrial production
in the EU manufacturing industry, with a special attention on energy-intensive
industries (EIIs) and clean technologies, considering their contribution to Europe’s
competitiveness, economic security, and sustainable economic growth, in line with
the Clean Industrial Deal’s objectives.
1.3.2. Specific objective(s)
Specific objective No 1
Facilitate differentiation for low-carbon industrial products to increase their value
and marketability.
Specific objective No 2
Boost demand for European low-carbon products and clean tech.
Specific objective No 3
Maximise the quality and benefits of foreign investment in the EU.
Specific objective No 4
Speed-up and simplify permits for industrial decarbonisation
Specific objective No 5
Increase investment projects in industrial areas.
1.3.3. Expected result(s) and impact
Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.
Economic Impacts
Introducing a harmonised low-carbon label for industrial products and verification
mechanism will improve market transparency, allowing producers to capture value
for cleaner production and stimulate competition based on performance rather than
cost alone. It will create new commercial opportunities for EU manufacturers,
enhance price differentiation in international markets, and attract private investment
in low-carbon technologies.
By increasing the share of EU-made and low-carbon products in domestic
consumption, the measure will boost demand within European market, strengthen
EN 4 EN
industrial competitiveness, and reduce dependence on high-carbon or imported
alternatives. Creating lead markets for low-carbon steel, cement, and clean
technologies will accelerate economies of scale and stimulate further investment.
Encouraging joint ventures and strategic partnerships that generate European added
value will increase knowledge transfer, industrial innovation, and technological
sovereignty. It will improve supply-chain security, diversify input sources, and
enhance the resilience of EU industrial ecosystems.
Reducing permitting times will shorten project delays and lower financing costs,
strengthening the investment climate for industrial decarbonisation. Faster approvals
will speed up the deployment of clean-energy infrastructure, carbon-capture
facilities, and electrification projects, stimulating industrial productivity and regional
development.
Supporting a higher number of final investment decisions (FIDs) in industrial areas
will drive capital formation, modernise existing facilities, and attract complementary
private financing. Concentrating investment in industrial clusters will generate
economies of scale and strengthen regional competitiveness.
Social impacts
The label on greenhouse gas intensity of industrial products will strengthen consumer
and buyer confidence in low-carbon products, supporting skilled employment in
verification, testing, and certification services. By rewarding innovation, it will help
sustain quality industrial jobs and foster upskilling and reskilling across
manufacturing supply chains.
Increased EU demand will help preserve and create high-quality jobs in
manufacturing regions transitioning to low-carbon industries. It will also improve
regional cohesion by fostering re-industrialisation in affected areas, while mitigating
adjustment costs for workers through stable production prospects.
High-quality foreign investments and partnerships will create new employment
opportunities, particularly in advanced manufacturing and research-intensive
segments. They will also strengthen cooperation between EU and non-EU
companies, promoting workforce training and skills exchange.
. Improved transparency and digital tools will increase citizen trust and participation
in local industrial projects.
Increased industrial activity in existing sites will generate stable employment and
strengthen local supply chains, while minimising social disruption by utilising
brownfield sites and leveraging existing workforce skills. Industrial clustering will
support regional convergence and resilience.
Environmental impacts
A reliable and comparable labelling framework will incentivise the reduction of
greenhouse-gas (GHG) emissions across industrial value chains. It will encourage
continuous improvement in product design, materials use, and energy efficiency,
helping industry meet climate-neutrality objective.
EN 5 EN
By introducing low-carbon requirements, greater uptake of low-carbon products will
drive significant emission reductions in the construction and transport sectors. This
demand-driven approach complements supply-side innovation, accelerating the
overall decarbonisation of the European economy.
Shorter and more predictable permitting processes will accelerate the deployment of
low-carbon technologies and environmental upgrades, enabling earlier emission
reductions and contributing to the EU’s intermediate climate targets.
By concentrating new projects within industrial areas, the measure promotes efficient
energy and natural resource use, and enables shared infrastructure for CO₂ capture,
renewable energy, and waste recycling. This approach aligns industrial growth with
environmental protection and circular-economy principles.
1.3.4. Indicators of performance
Specify the indicators for monitoring progress and achievements.
The number of awarded low-carbon label certificates for relevant industrial products
will measure progress in creating a reliable and transparent framework that allows
producers to differentiate their products based on carbon performance. It will
demonstrate the EU’s progress in making low-carbon industrial products visible,
verifiable and comparable on the market, thereby strengthening their competitiveness
and value creation.
The share of EU and low-carbon production in EU consumption for relevant
products will capture the proportion of clean and domestically produced materials in
overall EU demand. It indicates whether demand-side measures, such as public
procurement, investment incentives, and EU-content criteria, are effectively
stimulating the uptake of low-carbon and European-made products. A growing share
will demonstrate the emergence of strong EU lead markets for green industrial goods
and will point to reduced dependence on high-carbon imports.
The number of joint ventures in relevant sectors that create European added value,
innovation and industrial resilience will measure the level of high-quality industrial
partnerships between EU and non-EU actors contributing to technology transfer,
innovation, and secure supply chains. This indicator reflects the success of the IAA
in attracting sustainable, “high quality” foreign investment and promoting
collaboration that strengthens the EU’s industrial base. Increases in such ventures
signal a more resilient and innovative industrial ecosystem that retains greater value
within Europe.
The average permitting time for industrial decarbonisation projects will track the
efficiency of administrative procedures across Member States. It measures how long
competent authorities take to process and approve applications for industrial
decarbonisation projects, including grid and clean-energy connections. A reduction
in average permitting times will demonstrate that the streamlining, coordination and
digitalisation measures introduced under the IAA are effectively accelerating
investment and reducing bureaucratic barriers for companies.
The number of industrial FIDs realised in relevant industries will serve as a direct
indicator of investment momentum and business confidence in the EU’s industrial
transition. It reflects the extent to which companies are committing capital to new or
upgraded decarbonisation projects, particularly within existing industrial areas and
clusters. Rising numbers of realised FIDs will show that the framework established
EN 6 EN
by the IAA is translating into tangible projects, supporting job creation, regional re-
industrialisation and faster deployment of clean technologies across Europe.
1.4. The proposal/initiative relates to:
a new action
a new action following a pilot project / preparatory action69
the extension of an existing action
a merger or redirection of one or more actions towards another/a new action
1.5. Grounds for the proposal/initiative
1.5.1. Requirement(s) to be met in the short or long term including a detailed timeline for
roll-out of the implementation of the initiative
The proposal responds to the urgent need to accelerate industrial decarbonisation and
strengthen Europe’s manufacturing competitiveness in a context of global
technological competition and rising investment needs. The initiative aims to remove
barriers that slow down investment in low-carbon and resilient industrial production
and to ensure the integrity of the Single Market in its transition towards climate
neutrality.
1.5.2. Added value of EU involvement (it may result from different factors, e.g.
coordination gains, legal certainty, greater effectiveness or complementarities). For
the purposes of this section 'added value of EU involvement' is the value resulting
from EU action, that is additional to the value that would have been otherwise
created by Member States alone.
Reasons for action at EU level (ex-ante)
Industrial decarbonisation and resilience challenges transcend national borders.
Divergent definitions of low-carbon products, uncoordinated demand-side measures
and inconsistent permitting procedures risk fragmenting the Single Market and
weakening Europe’s industrial base. Only coordinated EU-level action can guarantee
a level playing field, prevent investment diversion, and ensure that climate and
industrial policies reinforce one another. The Regulation acts under Article 114
TFEU to preserve the functioning of the single market and, where relevant, Article
207 TFEU to ensure coherence on measures related to foreign investment.
Expected generated EU added value (ex-post)
EU intervention will generate lasting benefits through economies of scale, lower
transaction costs, and improved legal certainty for investors and authorities. It will
strengthen Europe’s capacity to manufacture low-carbon products, attract sustainable
investment, and speed up project deployment. Harmonised criteria, shared digital
tools, and consistent permitting principles will reduce administrative burden while
providing uniform market conditions across Member States.
1.5.3. Lessons learned from similar experiences in the past
Experience from the Net-Zero Industry Act (NZIA), the Critical Raw Materials Act
(CRMA) and the Ecodesign for Sustainable Products Regulation (ESPR)
demonstrates that targeted Single-Market instruments combining common
69 As referred to in Article 58(2), point (a) or (b) of the Financial Regulation.
EN 7 EN
definitions, demand-side incentives and administrative simplification deliver
measurable investment acceleration. These precedents demonstrate the effectiveness
of clear regulatory frameworks and structured coordination between the Commission
and Member States. The IAA applies these lessons specifically to energy-intensive
industries and clean energy technology manufacturing, and vehicle components
ensuring coherence with existing instruments and avoiding regulatory overlap.
1.5.4. Compatibility with the multiannual financial framework and possible synergies with
other appropriate instruments
The proposal is fully consistent with the 2021-2027 Multiannual Financial
Framework and will be implemented through existing Union programmes. Synergies
are foreseen with the Innovation Fund, InvestEU, Horizon Europe, Connecting
Europe Facility – Energy, the Cohesion Policy funds, and the Technical Support
Instrument. The initiative complements the Clean Industrial Deal, CRMA, and the
European Competitiveness Fund, without creating new spending envelopes or
financial obligations beyond existing resources.
1.5.5. Assessment of the different available financing options, including scope for
redeployment
All financing will be ensured through redeployments from programmes. Without
prejudice to the outcome of negotiations on the next MFF, the appropriations
foreseen from 2028 onwards are strictly indicative.
EN 8 EN
1.6. Duration of the proposal/initiative and of its financial impact
limited duration
– in effect from [DD/MM]YYYY to [DD/MM]YYYY
– financial impact from YYYY to YYYY for commitment appropriations and
from YYYY to YYYY for payment appropriations.
unlimited duration
– Implementation with a start-up period from YYYY to YYYY,
– followed by full-scale operation.
The Regulation will enter into force in 2027 and remain applicable beyond 2030,
with a review every five years to assess progress and alignment with Union climate
and economic security objectives.
1.7. Method(s) of budget implementation planned
Direct management by the Commission
– by its departments, including by its staff in the Union delegations;
– by the executive agencies
Shared management with the Member States
Indirect management by entrusting budget implementation tasks to:
– third countries or the bodies they have designated
– international organisations and their agencies (to be specified)
– the European Investment Bank and the European Investment Fund
– bodies referred to in Articles 70 and 71 of the Financial Regulation
– public law bodies
– bodies governed by private law with a public service mission to the extent that
they are provided with adequate financial guarantees
– bodies governed by the private law of a Member State that are entrusted with
the implementation of a public-private partnership and that are provided with
adequate financial guarantees
– bodies or persons entrusted with the implementation of specific actions in the
common foreign and security policy pursuant to Title V of the Treaty on
European Union, and identified in the relevant basic act
– bodies established in a Member State, governed by the private law of a
Member State or Union law and eligible to be entrusted, in accordance with
sector-specific rules, with the implementation of Union funds or budgetary
guarantees, to the extent that such bodies are controlled by public law bodies or
by bodies governed by private law with a public service mission, and are provided
with adequate financial guarantees in the form of joint and several liability by the
controlling bodies or equivalent financial guarantees and which may be, for each
action, limited to the maximum amount of the Union support.
EN 9 EN
2. MANAGEMENT MEASURES
2.1. Monitoring and reporting rules
This Statement includes staff expenditures. Standard rules for this type of
expenditure apply. The Commission will evaluate the output, results and impact of
this proposal every three years after the date on which it becomes applicable. The
evaluation will assess the contribution of this Regulation to the functioning of the
single market, including the objectives specified in Article 1, particularly on
resilience, economic security, and decarbonisation of industrial production.
2.2. Management and control system(s)
2.2.1. Justification of the budget implementation method(s), the funding implementation
mechanism(s), the payment modalities and the control strategy proposed
The management mode for the initiative is direct management by the Commission.
This is the most appropriate approach given the limited scope of Union expenditure,
which is confined to standard administrative and monitoring-related costs. Using
established internal procedures ensures effective and efficient controls, low error
rates, fast processing of transactions and minimal control costs.
2.2.2. Information concerning the risks identified and the internal control system(s) set up
to mitigate them
Overall, the initiative requires staff expenditure. Standard rules for this type of
expenditure apply.
Most aspects of the initiative follow established procedures for engaging with
stakeholders through for example the Industrial Forum and implementing monitoring
obligations. The main operational risk is insufficient administrative capacity to
implement the work plans and monitoring activities foreseen in the Regulation.
This proposal is accompanied by an impact assessment report, which provides the
analytics underpinning the chosen policy approach. The preparation of the initiative
also drew on a public consultation as well as targeted consultations with industry
stakeholders, Member States and trade associations, which ensured the collection of
relevant data, information and feedback. Nonetheless, unintentional consequences or
unforeseen impacts may still occur during implementation. These will be identified
through the monitoring procedures set out in the Regulation, allowing the
Commission to address them in an appropriate and timely manner.
2.2.3. Estimation and justification of the cost-effectiveness of the controls (ratio between
the control costs and the value of the related funds managed), and assessment of the
expected levels of risk of error (at payment & at closure)
The initiative involves limited administrative expenditure. Standard Commission
control procedures apply. As no funding programmes or multi-layered delivery
mechanisms are created, control activities remain straightforward and cost-effective.
Controls are carried out entirely under direct management, using standard ex-post
audits under the Commission’s internal control framework. This ensures an
appropriate balance between control effort and the limited value of funds managed.
Given the simplified set-up and the absence of high-risk financial operations, the
expected error rate at payment and at closure is low and comfortably below the
EN 10 EN
materiality threshold. The control system therefore provides a high level of assurance
at proportionate cost.
2.3. Measures to prevent fraud and irregularities
The initiative does not establish funding programmes or financial support schemes. It
therefore relies on the Commission’s existing internal control framework and Anti-
Fraud Strategy. Standard preventive and detective measures apply, including risk-
based internal controls, segregation of duties and established workflows for
administrative expenditure.
The Commission will ensure that appropriate measures are in place so that, when
implementing the tasks arising from this Regulation, the financial interests
As with all Commission-managed activities, the European Anti-Fraud Office
(OLAF) and the European Public Prosecutor’s Office (EPPO) may exercise their
powers in accordance with their respective legal bases to investigate fraud,
corruption or other illegal activities affecting the EU’s financial interests. The
European Court of Auditors retains its standard audit rights over Commission
expenditure.
EN 11 EN
3. ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE
3.1. Heading(s) of the multiannual financial framework and expenditure budget
line(s) affected
Existing budget lines
In order of multiannual financial framework headings and budget lines.
Heading
of
multiannu
al
financial
framewor
k
Budget line Type of
expenditu
re Contribution
Number
Diff./Non
-diff.70
from
EFTA
countrie
s71
from
candidate
countries
and
potential
candidate
s72
From
other
third
countrie
s
other assigned
revenue
1 03 02 01 02 Diff. Yes No No No
7 20 01 02 01 Non-
diff. No No No No
New budget lines requested
In order of multiannual financial framework headings and budget lines.
Heading
of
multiannu
al
financial
framewor
k
Budget line Type of
expenditu
re Contribution
Number
Diff./Non
-diff.
from
EFTA
countrie
s
from
candidate
countries
and
potential
candidate
s
from
other
third
countrie
s
other assigned
revenue
N/A
70 Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations. 71 EFTA: European Free Trade Association. 72 Candidate countries and, where applicable, potential candidates from the Western Balkans.
EN 12 EN
3.2. Estimated financial impact of the proposal on appropriations
3.2.1. Summary of estimated impact on operational appropriations
– The proposal/initiative does not require the use of operational appropriations
– The proposal/initiative requires the use of operational appropriations, as explained below
3.2.1.1. Appropriations from voted budget
Heading of multiannual financial framework 1 ‘Single Market, Innovation and Digital’
EUR million (to three decimal places)
DG: GROW Year Year Year Year TOTAL MFF
2021-2027
TOTAL MFF
2028-203473 2024 2025 2026 2027
Operational appropriations
03 02 01 02 Commitments (1a) 0.000 0.000 0.000 0.040 0.040 0.140
Payments (2a) 0.000 0.000 0.000 0.040 0.040 0.140
TOTAL appropriations
for DG GROW
Commitments =1a+1b 0.000 0.000 0.000 0.040 0.040 0.140
Payments =2a+2b 0.000 0.000 0.000 0.040 0.040 0.140
EUR million (to three decimal places)
DG: GROW Year Year Year Year Year Year Year TOTAL
MFF
2028-203474 2028 2029 2030 2031 2032 2033 2034
Operational appropriations
03 02 01 02 Commitments (1a) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
Payments (2a) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
TOTAL appropriations Commitments =1a+1b 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
73 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged. 74 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 13 EN
for DG GROW Payments =2a+2b 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
EUR million (to three decimal places)
Year Year Year Year TOTAL MFF
2021-2027
TOTAL MFF
2028-203475 2024 2025 2026 2027
TOTAL operational appropriations
Commitments (4) 0.000 0.000 0.000 0.040 0.040 0.140
Payments (5) 0.000 0.000 0.000 0.040 0.040 0.140
TOTAL appropriations of an administrative nature financed from
the envelope for specific programmes (6) 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL appropriations under
HEADING 1 Commitments =4+6 0.000 0.000 0.000 0.040 0.040 0.140
of the multiannual financial
framework Payments =5+6 0.000 0.000 0.000 0.040 0.040 0.140
EUR million (to three decimal places)
Year Year Year Year Year Year Year TOTAL
MFF
2028-203476 2028 2029 2030 2031 2032 2033 2034
TOTAL operational
appropriations
(including contribution to
decentralised agency)
Commitments (4) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
Payments (5) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
TOTAL appropriations of an administrative
nature financed from the envelope for specific
programmes
(6) 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
75 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged. 76 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 14 EN
TOTAL appropriations under
HEADING 1 Commitments =4+6 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
of the multiannual financial
framework Payments =5+6 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
EUR million (to three decimal places)
Year Year Year Year TOTAL
MFF
2021-2027
TOTAL
MFF
2028-
203477
2024 2025 2026 2027
• TOTAL operational appropriations (all
operational headings)
Commitments (4) 0.000 0.000 0.000 0.040 0.040 0.140
Payments (5) 0.000 0.000 0.000 0.040 0.040 0.140
• TOTAL appropriations of an administrative nature financed from
the envelope for specific programmes (all operational headings) (6) 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL appropriations Under
Heading 1 to 6 Commitments =4+6 0.000 0.000 0.000 0.040 0.040 0.140
of the multiannual financial framework
(Reference amount) Payments =5+6 0.000 0.000 0.000 0.040 0.040 0.140
EUR million (to three decimal places)
Year Year Year Year Year Year Year TOTAL
MFF
2028-203478 2028 2029 2030 2031 2032 2033 2034
• TOTAL operational
appropriations (all operational
headings)
Commitments (4) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
Payments (5) 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
77 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged. 78 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 15 EN
• TOTAL appropriations of an administrative
nature financed from the envelope for specific
programmes (all operational headings)
(6) 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL appropriations
Under Heading 1 to 6 Commitments =4+6 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
of the multiannual financial
framework
(Reference amount)
Payments =5+6 0.020 0.020 0.020 0.020 0.020 0.020 0.020 0.140
Heading of multiannual financial framework 7 ‘Administrative expenditure’
EUR million (to three decimal places)
DG: GROW
Year Year Year Year TOTAL
MFF 2021-
2027
TOTAL
MFF
2028-
203479 2024 2025 2026 2027
Human resources 0.000 0.000 0.000 1.164 1.164 8.148
Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL DG GROW Appropriations 0.000 0.000 0.000 1.164 1.164 8.148
TOTAL appropriations under HEADING 7 of the multiannual
financial framework
(Total
commitments
= Total
payments)
0.000 0.000 0.000 1.164 1.164 8.148
EUR million (to three decimal places)
79 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 16 EN
Year Year Year Year TOTAL
MFF 2021-
2027
TOTAL
MFF 2028-
203480 2024 2025 2026 2027
TOTAL appropriations under HEADINGS 1 to 7 Commitments 0.000 0.000 0.000 1.204 1.204 8.288
of the multiannual financial framework Payments 0.000 0.000 0.000 1.204 1.204 8.288
Heading of multiannual financial framework 7 ‘Administrative expenditure’[1]
EUR million (to three decimal places)
DG: GROW Year Year Year Year Year Year Year TOTAL MFF
2028-203481 2028 2029 2030 2031 2032 2033 2034
Human resources 1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148
Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL DG GROW Appropriations 1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148
TOTAL appropriations
under HEADING 7
of the multiannual financial
framework
(Total
commitments
= Total
payments)
1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148
EUR million (to three decimal places)
Year Year Year Year Year Year Year TOTAL MFF
2028-203482 2028 2029 2030 2031 2032 2033 2034
80 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged. 81 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged. 82 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 17 EN
TOTAL appropriations
under HEADINGS 1 to 7 Commitments 1.184 1.184 1.184 1.184 1.184 1.184 1.184 8.288
of the multiannual financial framework Payments 1.184 1.184 1.184 1.184 1.184 1.184 1.184 8.288
3.2.2. Estimated output funded from operational appropriations (not to be completed for decentralised agencies)
Commitment appropriations in EUR million (to three decimal places)
Indicate
objectives and
outputs
Year 2024
Year 2025
Year 2026
Year 2027
Enter as many years as necessary to show the
duration of the impact (see Section1.6) TOTAL
OUTPUTS
Type83 Avera
ge cost N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost N o
Cost Total
No
Total
cost
SPECIFIC OBJECTIVE No 184…
- Output
- Output
- Output
Subtotal for specific objective No 1 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
SPECIFIC OBJECTIVE No 2 ...
- Output
Subtotal for specific objective No 2 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
83 Outputs are products and services to be supplied (e.g. number of student exchanges financed, number of km of roads built, etc.). 84 As described in Section 1.3.2. ‘Specific objective(s)’
EN 18 EN
TOTALS 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
Indicate
objectives and
outputs Year Year Year Year Year Year Year TOTAL
2028-203485
POST GRAND
2028 2029 2030 2031 2032 2033 2034 2034 TOTAL
OUTPUTS
Type
Average
cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost No Cost
SPECIFIC OBJECTIVE No 1…
- Output 0 0.000 0 0.000
- Output 0 0.000 0 0.000
- Output 0 0.000 0 0.000
Subtotal for specific objective No 1 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
SPECIFIC OBJECTIVE No 2 ...
- Output 0 0.000 0 0.000
- Output 0 0.000 0 0.000
- Output 0 0.000 0 0.000
Subtotal for specific objective No 2 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
TOTALS 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000 0 0.000
85 Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034 MFF negotiations which cannot be prejudged.
EN 19 EN
3.2.3. Summary of estimated impact on administrative appropriations
– The proposal/initiative does not require the use of appropriations of an
administrative nature
– The proposal/initiative requires the use of appropriations of an administrative
nature, as explained below
3.2.3.1. Appropriations from voted budget
EUR million (to three decimal places)
VOTED APPROPRIATIONS Year Year Year Year TOTAL
2021 -
2027
TOTAL
2028 -
2034 2024 2025 2026 2027
HEADING 7
Human resources 0.000 0.000 0.000 1.164 1.164 8.148
Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000
Subtotal HEADING 7 0.000 0.000 0.000 1.164 1.164 8.148
Outside HEADING 7
Human resources 0.000 0.000 0.000 0.000 0.000 0.000
Other expenditure of an administrative nature 0.000 0.000 0.000 0.000 0.000 0.000
Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL 0.000 0.000 0.000 1.164 1.164 8.148
Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034
MFF negotiations which cannot be prejudged.
EUR million (to three decimal places)
VOTED
APPROPRIATIONS
Year Year Year Year Year Year Year TOTAL
2028 -
2034
POST GRAND
TOTAL 2028 2029 2030 2031 2032 2033 2034 2034
HEADING 7
Human resources 1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148 0.000 8.148
Other administrative expenditure 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Subtotal HEADING 7 1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148 0.000 8.148
Outside HEADING 7
Human resources 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Other expenditure of an
administrative nature 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
Subtotal outside HEADING 7 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000
TOTAL 1.164 1.164 1.164 1.164 1.164 1.164 1.164 8.148 0.000 8.148
Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034
MFF negotiations which cannot be prejudged.
3.2.4. Estimated requirements of human resources
– The proposal/initiative does not require the use of human resources
EN 20 EN
– The proposal/initiative requires the use of human resources, as explained
below
3.2.4.1. Financed from voted budget
Estimate to be expressed in full-time equivalent units (FTEs)
VOTED
APPROPRIATIONS
Year Year Year Year Year Year Year Year Year Year Year
2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034
Establishment plan posts (officials and temporary staff)
20 01 02 01 (Headquarters and
Commission’s Representation
Offices)
0 0 0 6 6 6 6 6 6 6 6
20 01 02 03 (EU Delegations) 0 0 0 0 0 0 0 0 0 0 0
01 01 01 01 (Indirect research) 0 0 0 0 0 0 0 0 0 0 0
01 01 01 11 (Direct research) 0 0 0 0 0 0 0 0 0 0 0
Other budget lines (specify) 0 0 0 0 0 0 0 0 0 0 0
• External staff (in FTEs)
20 02 01 (AC, END from the
‘global envelope’) 0 0 0 0 0 0 0 0 0 0 0
20 02 03 (AC, AL, END and
JPD in the EU Delegations) 0 0 0 0 0 0 0 0 0 0 0
Admin. Support line
[XX.01.YY.YY]
- at
Headquarters 0 0 0 0 0 0 0 0 0 0 0
- in EU
Delegations 0 0 0 0 0 0 0 0 0 0 0
01 01 01 02 (AC, END - Indirect
research) 0 0 0 0 0 0 0 0 0 0 0
01 01 01 12 (AC, END - Direct
research) 0 0 0 0 0 0 0 0 0 0 0
Other budget lines (specify) -
Heading 7 0 0 0 0 0 0 0 0 0 0 0
Other budget lines (specify) - Outside Heading 7
0 0 0 0 0 0 0 0 0 0 0
TOTAL 0 0 0 6 6 6 6 6 6 6 6
Figures in the tables above are all strictly indicative pending the outcome of the 2028-2034
MFF negotiations which cannot be prejudged. The human resources required will be met by
staff from the DG who are already assigned to the management of the action and/or have been
redeployed within the concerned services.
The staff required to implement the proposal (in FTEs):
To be covered by
current staff
available in the
Commission
services
Exceptional additional staff*
To be financed
under Heading 7
or Research
To be financed
from BA line
To be financed
from fees
Establishment
plan posts 6
N/A
External staff
EN 21 EN
(CA, SNEs, INT)
Description of tasks to be carried out by:
Officials and temporary staff Additional staff (equivalent to 6 FTEs) will be needed to carry out the tasks
of the proposal for lead markets and FDI screening. The 6 FTE will be
redeployed within the implementing DG.
External staff
3.2.5. Overview of estimated impact on digital technology-related investments
TOTAL Digital and IT appropriations Year Year Year Year
TOTAL
MFF 2021
- 2027
TOTAL
MFF 2028
- 2034
2024 2025 2026 2027
HEADING 7
IT expenditure (corporate) 0.000 0.000 0.000 0.000 0.000 0.000
Subtotal HEADING 7 0.000 0.000 0.000 0.000 0.000 0.000
Outside HEADING 7
Policy IT expenditure on operational programmes
0.000 0.000 0.000 0.040 0.040 0.140
Subtotal outside HEADING 7 0.000 0.000 0.000 0.040 0.040 0.140
TOTAL 0.000 0.000 0.000 0.040 0.040 0.140
3.2.6. Compatibility with the current multiannual financial framework
The proposal/initiative:
– can be fully financed through redeployment within the relevant heading of the
multiannual financial framework (MFF)
– requires use of the unallocated margin under the relevant heading of the MFF
and/or use of the special instruments as defined in the MFF Regulation
– requires a revision of the MFF
3.2.7. Third-party contributions
The proposal/initiative:
– does not provide for co-financing by third parties
– provides for the co-financing by third parties estimated below:
Appropriations in EUR million (to three decimal places)
Year 2024
Year 2025
Year 2026
Year 2027
Year 2028
Year 2029
Year 2030
Year 2031
Year 2032
Year 2033
Year 2034
Total
Specify the co-
financing body
TOTAL
appropriations
co-financed
EN 22 EN
3.3. Estimated impact on revenue
– The proposal/initiative has no financial impact on revenue.
– The proposal/initiative has the following financial impact:
– on own resources
– on other revenue
– please indicate, if the revenue is assigned to expenditure lines
EUR million (to three decimal places)
Budget
revenue
line:
Appropriations
available for
the current
financial year
Impact of the proposal/initiative86
Year
2024
Year
2025
Year
2026
Year
2027
Year 2028
Year 2029
Year 2030
Year 2031
Year 2032
Year 2033
Year 2034
Article
………….
4. DIGITAL DIMENSIONS
4.1. Requirements of digital relevance
If the policy initiative is assessed as having no requirement of digital relevance:
Justification of why digital means cannot be used to enhance policy implementation and why
the ‘digital by default’ principle is not applicable.
N/A
Otherwise:
High-level description of the requirements of digital relevance and related categories (data,
process digitalisation & automation, digital solutions and/or digital public services)
Reference
to the
requirement
Requirement description
Actor(s)
affected or
concerned by
the
requirement
High-level
Processes Categories
Article 4
Making available a single access point at national
level connecting all relevant public authorities, in
order to ensure that permit-granting procedures for
industrial manufacturing are carried out through
fully digital means.
Member States
National
competent
authorities
Economic
Operators
Permit granting
Data
Digital
Solution
Digital Public
Service
Process
digitalisation
and
86 As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net
amounts, i.e. gross amounts after deduction of 20% for collection costs.
EN 23 EN
automation
Article 5
Orchestration of national permit-granting
procedures to enable a one-stop-shop for permitting
of industrial manufacturing projects.
Member States
National
competent
authorities
Permit granting
Data
Process
digitalisation
and
automation
Article 6
The application of streamlined administrative and
permit-granting processes, as defined by Regulation
(EU) 2024/1735, is extended to cover energy-
intensive industry decarbonisation projects.
Member States
National
competent
authorities
Permit granting
Process
digitalisation
and
automation
Article 20
Monitoring and publishing of the global
manufacturing capacity for emerging strategic
sectors.
European
Commission Monitoring Data
Article 16 Notification of planned direct investments by
foreign investors.
Economic
operators
Member states
Notifications Data
Article 17 Review and approval procedure for prior
notifications of planned direct investments.
Member states
European
Commission
Notifications
Process
digitalisation
and
automation
Article 19-
20 Monitoring of foreign investment compliance
National
competent
authorities
European
Commission
Reporting Data
Article 22
Notification of designated industrial manufacturing
acceleration areas, including required assessments,
by Member States.
Member States
European
Commission
Notifications Data
Article 24
Establishing of an aggregated baseline permit that
authorises industrial activities in designated
acceleration areas.
Member States
National
competent
authorities
Permit granting
Process
digitalisation
and
automation
Article 37
List of areas of information relevant for citizens and
business exercising their internal market rights
established by Regulation (EU) 2018/1724 is
extended by information on permit-granting
procedures, effectively utilising solutions under the
Single Digital Gateway.
European
Commission
Member States
National
competent
authorities
Economic
operators
Citizens
Information
sharing
Data
Process
digitalisation
and
automation
Digital Public
Service
4.2. Data
High-level description of the data in scope
EN 24 EN
Type of data Reference to the
requirement(s)
Standard and/or specification (if
applicable)
Permit-granting applications for
industrial manufacturing projects
Article 4, Article 5 The Commission is empowered to adopt
implementing acts to set out technical
standards necessary to ensure the
interoperability of the national single access
points.
Data on global manufacturing
capacity for emerging strategic
sectors
Article 20 The Commission shall provide and publish
updated information on the most recent year
for which data is available for each of the
emerging strategic sectors.
Prior notification of planned
investments by foreign investors
Article 16 N/A
Reports on foreign investment
compliance
Article 19-20 N/A
Notification of designated
industrial manufacturing
acceleration areas
Article 22 N/A
Alignment with the European Data Strategy
Explanation of how the requirement(s) are aligned with the European Data Strategy
This legislative initiative is in line with the use of privately-held data by government
authorities (business-to-government – B2G) in order to ensure evidence-driven policy
decisions. The digital permitting system shall be designed to ensure interoperability and
automated data exchange between competent authorities, the re-use of data and documents
already held by public authorities, a high level of cybersecurity and information integrity, as
well as transparency and accountability in the permit-granting procedure.
Alignment with the once-only principle
Explanation of how the once-only principle has been considered and how the possibility to
reuse existing data has been explored
Re-use of data already held by public authorities is ensured. The permit-granting procedures
are added in the scope of Single Digital Gateway and Once-Only Technical System. The
‘once-only principle’ is respected in this case to minimise administrative burden on actors
operating in the Single Market. Member States and the Commission shall ensure the
protection of business confidential information.
Explanation of how newly created data is findable, accessible, interoperable and reusable,
and meets high-quality standards
The Commission shall, by means of implementing acts, establish detailed rules, technical
standards, and procedures necessary to ensure the interoperability, security, and effective
functioning of the digital permitting systems.
Data flows
High-level description of the data flows
EN 25 EN
Type of data Reference(s) to the
requirement(s)
Actor who
provides the
data
Actor who
receives the data
Trigger for the
data exchange
Frequency (if
applicable)
Permit-granting
applications
Article 4 Economic
Operator
National
Competent
Authority
Required for
permit-granting
applications.
N/A
Prior notification of
planned investments
by foreign investors
Article 16 Economic
operator
National
competent
authority
Upon the
intention to
realise
investment
N/A
Reports on foreign
investment
compliance
Article 19-20 National
competent
authority
European
Commission
Upon request N/A
Decision on
designated industrial
manufacturing
acceleration areas
Article 22 Member State European
Commission
Decision made N/A
4.3. Digital solutions
For each digital solution, please provide the reference to the requirement(s) of digital
relevance concerning it, a description of the digital solution's mandated functionality, the
body that will be responsible for it, and other relevant aspects such as reusability and
accessibility. Finally, explain whether the digital solution intends to make use of AI
technologies.
Digital
solution
Reference(s)
to the
requirement(s)
Main
mandated
functionalities
Responsible
body
How is accessibility
catered for?
How is reusability
considered?
Use of AI
technologies
(if
applicable)
Digital
Permitting
System
Article 4 Permit-granting
procedures for
industrial
manufacturing
are carried out
through fully
digital means.
The system shall
provide a single
user interface
enabling
interaction with
the relevant
public services.
The digital
permitting
system shall
enable the
paperless
submission,
tracking, and
decision-making
Member
States
National
Competent
Authorities
The digital
permitting system
shall enable the
paperless
submission,
tracking, and
decision-making of
permit applications
and shall be
designed to ensure
user-friendliness and
accessibility for all
applicants, including
persons with
disabilities.
The digital
permitting system
shall enable the
paperless
submission,
tracking, and
decision-making of
permit applications
and shall be
designed to ensure
re-use of data and
documents already
held by public
authorities.
//
EN 26 EN
of permit
applications.
For each digital solution, explanation of how the digital solution complies with applicable
digital policies and legislative enactments
Digital Permitting System
Digital and/or sectorial policy
(when these are applicable) Explanation on how it aligns
AI Act N/A
EU Cybersecurity framework The National Digital Permitting System shall be designed to ensure a high level
of data protection, cybersecurity, and integrity of information.
eIDAS //
Single Digital Gateway and
IMI
The Single Digital Gateway Regulation is amended to include in its scope
Information on permit-granting procedures for industrial manufacturing
projects and procedures related to industrial manufacturing projects.
Others Once-Only Technical System
4.4. Interoperability assessment
High-level description of the digital public service(s) affected by the requirements
Digital public
service or category
of digital public
services
Description
Reference(s)
to the
requirement(s)
Interoperable
Europe
Solution(s)(NOT
APPLICABLE)
Other
interoperability
solution(s)
Digital Permitting
System
Category of digital
public services
according to COFOG
04.7.4
Member States shall enable a national
a digital permitting system connecting
all relevant public authorities, in order
to ensure that permit-granting
procedures for industrial
manufacturing are carried out through
fully digital means.
Article 4 // Once-Only
Technical
System
Assessment of the impact of the requirement(s) on cross-border interoperability
Digital public service #1: Digital Permitting System
Assessment Measure(s) Potential remaining barriers
(if applicable)
Organisational
measures for a
smooth cross-border
digital public
services delivery
Member States shall be responsible for the development,
operation, maintenance, security, and supervision of their
digital permitting systems. To the extent possible, the
implementation of the digital permitting systems should
make use of existing Union digital infrastructures,
catalogues and building blocks, including those
developed under the Once-Only Technical System and its
implementing acts. This would promote complementarity,
interoperability and the efficient use of public resources,
Additional organisational
measures at national level may
be needed to ensure
appropriate involvement of
competent authorities
responsible for individual
permits.
EN 27 EN
while avoiding duplication of existing digital solutions.
Measures taken to
ensure a shared
understanding of the
data
The Commission shall, by means of implementing acts,
establish detailed rules, technical standards, and
procedures necessary to ensure the interoperability,
security, and effective functioning of the digital
permitting systems. The permit-granting procedures are
added in the scope of Single Digital Gateway and Once-
Only Technical System.
Use of commonly
agreed open
technical
specifications and
standards
The Commission shall, by means of implementing acts,
establish detailed rules, technical standards, and
procedures necessary to ensure the interoperability,
security, and effective functioning of the digital
permitting systems.
4.5. Measures to support digital implementation
For each measure to support digital implementation, please fill in the table below
Description of the
measure
Reference(s) to the
requirement(s)
Commission role (if
applicable)
Actors to be
involved (if
applicable)
Expected
timeline (if
applicable)
Implementing Acts Article 4, 13, 31 Implementing Acts European
Commission
EN EN
EUROPEAN COMMISSION
Brussels, 4.3.2026
COM(2026) 100 final
ANNEXES 1 to 4
ANNEXES
to the
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL
establishing a framework of measures for the acceleration of industrial capacity and
decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724, (EU)
2024/1735 and (EU) 2024/3110
{SEC(2026) 70 final} - {SWD(2026) 70 final} - {SWD(2026) 71 final} -
{SWD(2026) 72 final}
EN 1 EN
TABLE OF CONTENTS
ANNEX I
Strategic sectors for industrial manufacturing acceleration areas .............................................. 2
ANNEX II
Low-carbon and Union origin requirements for energy intensive industries ............................ 2
Part I – Public procurement procedures ..................................................................................... 2
Part II – Other forms of public intervention ............................................................................... 2
ANNEX III
Union origin requirements for vehicles ...................................................................................... 4
Part I – Public procurement procedures of electric vehicles ...................................................... 4
Part II – Other forms of public intervention and financial support for corporate vehicles ........ 5
Part III – Super credits for small zero-emission vehicles ........................................................... 6
ANNEX IV
Amendment to Regulation (EU) 2018/1724 .............................................................................. 7
EN 2 EN
ANNEX I
Strategic sectors for industrial manufacturing acceleration areas
1. Energy-intensive industries:
(a) Manufacture of paper and paper products, as classified under NACE Code
C17;
(b) Manufacture of coke and refined petroleum products, as classified under
NACE Code C19;
(c) Manufacture of chemicals and chemical products, as classified under NACE
Code C20;
(d) Manufacture of rubber and plastic products, as classified under NACE Code
C22;
(e) Manufacture of other non-metallic minerals, as classified under NACE Code
C23;
(f) Manufacture of basic metals, as classified under NACE Code C24.
2. Automotive industry: Manufacture of motor vehicles, trailers and semi-trailers, as
classified under NACE Code C29;
3. Net-zero technologies, as referred to in Article 4(1) of Regulation (EU) 2024/1735;
ANNEX II
Low-carbon and Union origin requirements for energy intensive industries
Part I – Public procurement procedures
Where, in the context of public procurement procedures launched on or after 1 January 2029
falling within the scope of Directives 2014/23/EU, 2014/24/EU or 2014/25/EU, where the
contracts, works contracts or work concessions include the procurement of products from
energy intensive industries, contracting authorities shall require the following minimum
percentage shares:
(a) Steel, and any product the performance of which depends mainly on steel,
intended for use in buildings, infrastructure and motor vehicles for civil
purposes: at least 25% of the total volume of steel used shall be low-carbon;
(b) concrete and mortar, and any product the performance of which depends
mainly on concrete and mortar, intended for use in buildings and infrastructure
for civil purposes: at least 5% of the total volume of concrete and mortar used,
including the clinker and cement used to produce them, shall be low-carbon
and of Union origin;
(c) aluminium, and any product the performance of which depends mainly on
aluminium, intended for use in buildings, infrastructure and motor vehicles for
civil purposes: at least 25% of the total volume of aluminium used shall be
low-carbon and of Union origin.
Part II – Other forms of public intervention
For schemes established or updated on or after 1 January 2029 that benefit households or
companies and that primarily aim to support the construction or renovation of buildings for
residential and commercial purposes and infrastructure and the lease and purchase of motor
vehicles for civil purposes, Member States, regional or local authorities, bodies governed by
public law or associations formed by one or more such authorities or one or more such bodies
EN 3 EN
governed by public law, shall ensure that only beneficiaries that comply with the following
minimum requirements, are eligible.
(a) steel, and any product the performance of which depends primarily on steel : at
least 25% of the total volume of steel used in the product or project that
receives support shall be low-carbon;
(b) concrete and mortar, and any product the performance of which depends
mainly on concrete and mortar: at least 5% of the total volume of concrete and
mortar used, including the clinker and cement used to produce them, in the
product or project that receives support shall be low-carbon and of Union
origin;
(c) aluminium, and any product the performance of which depends mainly on
aluminium: at least 25% of the total volume of aluminium used in the product
or project that receives support shall be low-carbon and of Union origin.
EN 4 EN
ANNEX III
Union origin requirements for vehicles
Part I – Public procurement procedures of electric vehicles
New pure electric vehicles (PEV), off-vehicle charging hybrid electric vehicles (OVC-HEV)
or fuel cell vehicles (FCV) purchased, leased, rented or hire-purchased in public procurement
procedures that fall within the scope of Directive 2014/24/EU, or Directive 2014/25/EU,
launched on or after [OP: Please insert the date = six months after the date of entry into force
of this Regulation] shall comply with the Union origin requirements set out in this Annex.
New PEV, OVC-HEV and FCV that are used for the provision of services sourced through
public procurement procedures that fall within the scope of Directive 2014/24/EU, or
Directive 2014/25/EU, shall comply with the Union origin requirements set out in this Annex.
Vehicles referred to in subparagraphs 1 and 2 shall include the following Union origin
requirements:
(a) the vehicle is assembled within the Union;
(b) the ratio between the total ex-works price of vehicle components - excluding
the vehicle battery - originating in the Union and the total ex-works price of all
components – excluding the battery – is at least 70%;
(c) the vehicle’s traction battery contains at least three main specific components
of batteries, among which the battery cells, originating in the Union;
(d) the vehicle’s traction battery contains at least five main specific components of
batteries, among which the battery cells, the cathode active material, and the
battery management system, originating in the Union;
(e) the ratio between the total ex-works price of e-powertrain components
originating in the Union and the total ex-works price of all e-powertrain
components is at least 50%;
(f) the ratio between the total ex-works price of main electronic systems
originating in the Union and the total ex-works price of all main electronic
systems is equal to or greater than 50%.
The requirements set out in points d), e) and f) apply from [OP: please insert date 3 years after
the date of entry into force of this Regulation].
By way of derogation to the requirements set out above, small electric vehicles of subcategory
M1E, as defined in Regulation (EU) 2018/858, shall include the following Union origin
requirements:
1. the vehicle is assembled within the Union;
2. and one of the two criteria below:
(a) the ratio between the total ex-works price of vehicle components - excluding
the vehicle battery - originating in the Union and the total ex-works price of all
vehicle components – excluding the battery – is equal to or greater than 70%;
or
(b) the vehicle’s traction battery contains at least three main specific components
of batteries, among which the battery cells, originating in the Union.
Upon request of a vehicle manufacturer, all PEV, OVC-HEV or FCV from that vehicle
manufacturer can be considered compliant, for a period of twelve months, with the Union
EN 5 EN
origin requirements if the manufacturer demonstrates that the total number of all PEV, OVC-
HEC or FCV vehicles compliant with the Union origin requirements that were assembled by
that vehicle manufacturer during the period comprised between 1 January and 31 December
(included) of the previous year represent a percentage equal or greater than 85% of the total
number of PEV, OVC-HEV or FCV from the same vehicle manufacturer that were registered
within the Union in the same period.
Where public procurement procedures concern public service contracts referred to in
subparagraph 2, vehicles already registered in the Union shall be deemed to comply with the
requirements set out in this Annex until 31 December 2035.
Part II – Other forms of public intervention and financial support for corporate vehicles
For schemes established or updated after [OP: Please insert the date = six months after the
date of entry into force of this Regulation] that support the purchase, lease, rent or hire-
purchase of new PEV, OVC-HEV or FCV, Member States, regional or local authorities,
bodies governed by public law or associations formed by one or more such authorities or one
or more such bodies governed by public law shall ensure that only vehicles that comply with
the below minimum Union origin requirements are eligible under the scheme.
For the purpose of considering corporate cars and vans ‘made in the European Union’ in
accordance with Article 4 of the [Proposal for a Regulation of 16 December 2025 on clean
corporate vehicles], the below requirements apply.
(a) the vehicle is assembled within the Union;
(a) the ratio between the total ex-works price of vehicle components - excluding
the vehicle battery - originating in the Union and the total ex-works price of all
vehicle components – excluding the battery – is equal to or greater than 70%;
(b) the vehicle’s traction battery contains at least three main specific components
of batteries, among which the battery cells, originating in the Union;
(c) the vehicle’s traction battery contains at least five main specific components of
batteries, among which the battery cells, the cathode active material, and the
battery management system, originating in the Union;
(d) the ratio between the total ex-works price of e-powertrain components
originating in the Union and the total ex-works price of all e-powertrain
components is equal to or greater than 50%;
(e) the ratio between the total ex-works price of main electronic systems
originating in the Union and the total ex-works price of all main electronic
systems is equal to or greater than 50%.
The requirements set out in points d), e) and f) apply from [OP: please insert date three years
after the date of entry into force of this Regulation].
By way of derogation to the requirements set out above, small electric vehicles of subcategory
M1E, as defined in Regulation (EU) 2018/858, shall include the following Union origin
requirements:
1. the vehicle is assembled within the Union;
2. one of the two criteria below:
(a) the ratio between the total ex-works price of vehicle components - excluding
the vehicle battery - originating in the Union and the total ex-works price of all
EN 6 EN
vehicle components – excluding the battery – is equal to or greater than 70%;
or
(b) the vehicle’s traction battery contains at least three main specific components
of batteries, among which the battery cells, originating in the Union.
Upon request of a vehicle manufacturer, all PEV, OVC-HEV or FCV from that vehicle
manufacturer can be considered compliant, for a period of twelve months, with the Un ion
origin requirements if the manufacturer demonstrates that all PEV, OVC-HEV or FCV
compliant with the Union origin requirements that were assembled by that vehicle
manufacturer during the period comprised between 1 January and 31 December (included) of
the previous year represent a percentage equal or greater than 85% of the total number of
PEV, OVC-HEV or FCV from the same vehicle manufacturer that were registered within the
Union in the same period.
Part III – Super credits for small zero-emission vehicles
For the purpose of considering vehicles as “made in the EU” in accordance with Article 5 of
Regulation (EU) 2019/631 [as amended by the Proposal for a Regulation of 16 December
2025 amending Regulation (EU) 2019/631 as regards CO2 emission performance standards
for new light duty vehicles and vehicle labelling], the following criteria apply:
1. the vehicle is assembled within the Union;
2. and one of the two criteria below:
(a) the ratio between the total ex-works price of vehicle components - excluding
the vehicle battery - originating in the Union and the total ex-works price of all
vehicle components – excluding the battery – is equal to or greater than 70%;
or
(b) the vehicle’s traction battery contains at least three main specific components
of batteries, among which the battery cells, originating in the Union.
EN 7 EN
ANNEX IV
Amendment to Regulation (EU) 2018/1724
Annexes I and II are amended as follows:
1. Annex I is amended as follows:
(a) the following row ‘Permit-granting procedures’ is added in the table for ‘Areas
of information related to businesses’ before the row ‘AJ. Critical raw materials
projects’:
‘Permit granting processes Information on permit-granting procedures
for industrial manufacturing projects
including Net-zero technology
manufacturing and critical raw material
projects.’;
(b) in row ‘R. Net-zero technology manufacturing projects’, in the second column,
point 1 is deleted;
(c) in row ‘AJ. Critical raw materials projects’, in the second column, point 2 is
deleted;
2. Annex II is amended as follows:
(a) row ‘Starting, running, and closing business’ is amended as follows:
(a) in the second column, the following second subparagraph is added:
‘Permission for exercising a business activity, including procedures
related to all relevant permits to build and operate critical raw materials
projects1, procedures for all relevant permits to build, expand, convert
and operate net-zero technology manufacturing projects2, and procedures
related to industrial manufacturing projects.’;
(b) in the third column, the following second subparagraph is added:
‘Confirmation of the request for permission for business activity, as well
as all outputs pertaining to the procedures related to critical raw material,
net-zero technology manufacturing and manufacturing industry
projects (ranging from the acknowledgement that the application is
complete to the notification of the comprehensive decision on the
outcome of the procedure, including by the designated contact point).’;
(b) rows ‘Critical raw materials projects’ and ‘Net-zero technology manufacturing
projects’ are deleted.
1 Procedure related to all relevant permits to build and operate critical raw materials projects, including
building, chemical and grid connection permits and environmental assessments and authorisations
where these are required, and encompassing all applications and procedures from the acknowledgment
that the application is complete to the notification of the comprehensive decision on the outcome of the
procedure by the single point of contact concerned pursuant to Article 9 of Regulation (EU) 2024/1252. 2 Procedures for all relevant permits to build, expand, convert and operate netzero technology
manufacturing projects, and net-zero strategic projects, including building, chemical and grid
connection permits, environmental assessments and authorisations where required, and encompassing
all applications and procedures.
Resolutsiooni liik: Riigikantselei resolutsioon Viide: Majandus- ja Kommunikatsiooniministeerium / / ; Riigikantselei / / 2-5/26-00559
Resolutsiooni teema: Tööstuse kiirendamise õigusakt
Adressaat: Majandus- ja Kommunikatsiooniministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse kohta, kaasates seejuures olulisi huvigruppe ja osapooli:
- Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework of measures for the acceleration of industrial capacity and decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724, (EU) 2024/1735 and (EU) 2024 /3110, COM(2026)100
EISi toimiku nr: 26-0052 Tähtaeg: 17.04.2026
Adressaat: Justiits- ja Digiministeerium, Kaitseministeerium, Kliimaministeerium, Rahandusministeerium, Riigikantselei, Välisministeerium Ülesanne: Palun esitada oma sisend Majandus- ja Kommunikatsiooniministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu). Tähtaeg: 07.04.2026
Lisainfo: Eelnõu on kavas arutada valitsuse 30.04.2026 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (22.04.2026) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 17.04.2026.
Kinnitaja: Merli Vahar, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 12.03.2026 Resolutsiooni koostaja: Sandra Metste [email protected],
.
Tööstuse kiirendamise õigusakt COM(2026) 100
Otsuse ettepanek koordinatsioonikogule
Kujundada seisukoht
Kaasvastutaja sisendi tähtpäev 07.04.2026
KOKi esitamise tähtpäev 22.04.2026
VV esitamise tähtpäev 30.04.2026
Peavastutaja Majandus- ja kommunikatsiooniministeerium, kaasvastutajad Justiits- ja digiministeerium, Kaitseministeerium, Kliimaministeerium, Rahandusministeerium, Välisministeerium, Riigikantselei JRKB.
Seisukoha valitsusse toomise alus ja põhjendus
Algatuse reguleerimisala nõuab vastavalt Eesti Vabariigi põhiseadusele seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist (RKKTS § 152¹ lg 1 p 1);
Algatuse vastuvõtmisega kaasneks oluline majanduslik või sotsiaalne mõju (RKKTS § 152¹ lg 1 p 2);
Selgitus: Eelnõu eesmärk on suurendada nõudlust vähese CO2-heitega Euroopa päritolu toodete ja tehnoloogia järele. Eelnõuga seatakse eesmärgiks suurendada töötleva tööstuse osakaalu ELi SKPs 2035. aastaks 20%-ni. Sellega loodetakse anda hoogu ELi töötlevale tööstusele, et aidata ettevõtetel kasvada ja luua uusi töökohti, toetades samal ajal tööstuse üleminekut puhtamale ja tulevikuvalmis tehnoloogiale.
Eelnõuga kehtestatakse tööstuse kiirendamiseks avalike hangete ja avaliku sektori toetuskavade puhul ELi päritolu ja/või vähese CO2 heite suhtes nõuded. Need kehtivad teatavates strateegilistes sektorites, ennekõike terase, tsemendi, alumiiniumi, autode ja nullnetotehnoloogia puhul. Samal ajal luuakse raamistik, mida saab vajadusel laiendada muudele suure energiakasutusega sektoritele, näiteks keemiatööstusele. Eesmärgiks on suurendada Euroopa tootmisvõimsust ning nõudlust Euroopa päritolu puhta tehnoloogia ja toodete järele. Eelnõu kohaselt peaksid liikmesriigid muu hulgas kehtestama ühtse digitaalse loamenetluse, millega tööstusprojekte kiirendada ja lihtsustada.
Selleks, et säilitada liidu turu avatus, kutsutakse eelnõus üles rakendama avalike hangete puhul rohkem vastastikkust ja tagama võrdse kohtlemise riikidele, kes võimaldavad ELi ettevõtetele pääsu oma turule. Selliste partnerite sisend, kellega liit on sõlminud vabakaubanduspiirkonna või tolliliidu loomise lepingu või kes on riigihankelepingu pooled ja kui lepingu raames kehtivad vastavad liidu kohustused, loetakse liidust pärinevaks. Muude riigi toimingute, ennekõike avaliku sektori kavade ja enampakkumiste puhul võivad
2
partnerid kuuluda eelnõu kohaldamisalasse, kui nad on sõlminud ELiga vabakaubanduslepingu või tolliliidulepingu.
Kuigi eelnõuga ei välistata välismaiseid otseinvesteeringuid, kehtestatakse sellega tingimused üle 100 miljoni euro suuruste investeeringute kohta strateegilistes sektorites, kui üksainus kolmas riik kontrollib üle 40% üleilmsest tootmisvõimsusest. Selliste investeeringutega tuleb luua kvaliteetseid töökohti, soodustada innovatsiooni ja majanduskasvu ning luua ELis tehnoloogia ja teadmussiirde kaudu reaalset väärtust. Lisaks sellele peavad need vastama kohaliku sisu nõuetele. Samuti peab Euroopa tööjõu määr olema nende puhul vähemalt 50%, et ühtsele turule pääsust saaksid lisaks investoritele kasu ka ettevõtted ja kodanikud.
Sisukokkuvõte
Kas EL algatus reguleerib karistusi või haldustrahve? Ei
Kas nähakse ette uue asutuse loomine (järelevalvelised või muud asutused)? Jah
Vajab väljaselgitamist.
Kas lahenduse rakendamine vajab IT-arendusi? Jah
Vajab väljaselgitamist.
Eesmärgid
ELis toodetud ja vähese süsinikuheitega toodete juhtivate turgude kujundamise toetamine
Eelnõuga kehtestatakse avalike hangete ja avaliku sektori toetuskavade puhul soodustingimused ELi päritolu ja vähese CO2 heitega toodetele, et suurendada nõudlust selliste Euroopa tööstustoodete järele nagu tsement ja alumiinium, aga ka nullnetotehnoloogia, näiteks akud, päikese-ja tuuleenergia, soojuspumbad ja aatomienergia. Terase puhul tehakse eelnõuga ettepanek rakendada turunõudluse loomiseks vähese CO2 heite eritingimusi.
Välismaised otseinvesteeringud peavad looma ELis lisaväärtust
Selleks, et välismaised otseinvesteeringud tugevdaksid ELi tarneahelaid, edendaksid tehnosiiret ja toetaksid kvaliteetsete töökohtade loomist, kehtestatakse eelnõuga tingimused 100 miljonit eurot ületavatele investeeringutele sellistes sektorites nagu akud, elektrisõidukid, fotogalvaanika ja kriitiline toore.
Lihtsustatud loamenetlused
Eelnõuga lihtsustatakse ja muudetakse digitaalseks tööstusprojektide loamenetlused. Selleks luuakse ühtne digitaalne kontaktpunkt, kehtestatakse konkreetsed tähtajad ja
3
hakatakse energiamahukate CO2 heite vähendamise projektide puhul loamenetluse vaheetappides rakendama vaikiva heakskiidu põhimõtet.
Kestliku tootmise edendamine
Eelnõuga luuakse tööstuse kiirendamise piirkonnad, mille eesmärk on võimaldada tööstussümbioosi ja soodustada puhta tootmise projektide kogumeid. Selliste kogumite loomisega soovitakse soodustada vajalikke investeeringuid energiataristusse ja kogu piirkonda hõlmavate lubade kasutamist. Nende piirkondade projektide käsutuses on investorite profiilianalüüs ja tugi oskuste arendamiseks.
Mõju ja sihtrühm
Vajab väljaselgitamist.
Kaasamine
Kaasata eelnõuga seotud huvirühmad.
Eelnõude infosüsteemis (EIS) on antud täitmiseks ülesanne. Eelnõu toimik: 17.1.1/26-0052 - COM(2026) 100 Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework of measures for the acceleration of industrial capacity and decarbonisation in strategic sectors and amending Regulations (EU) 2018/1724, (EU) 2024/1735 and (EU) 2024/3110 Arvamuse andmine eelnõu kohta majandus - ja kommunikatsiooniministeeriumile vastavalt Riigikantselei 12.03.2026 resolutsioonile. Osapooled: Justiits- ja Digiministeerium; Riigikantselei; Rahandusministeerium; Kliimaministeerium; Välisministeerium Tähtaeg: 07.04.2026 23:59 Link eelnõu toimiku vaatele: https://eelnoud.valitsus.ee/main/mount/docList/aeadf062-c903-49b2-8c75-50c9440c8417 Link menetlusetapile: https://eelnoud.valitsus.ee/main/mount/docList/aeadf062-c903-49b2-8c75-50c9440c8417?activity=2 Eelnõude infosüsteem (EIS) https://eelnoud.valitsus.ee/main