EU carbon rules / Regulations / Net-Zero Industry Act NZIA
In force Regulation Industry & products
Net-Zero Industry Act NZIA
Sustainability/resilience criteria in tenders (including carbon footprint)
- Reference
- Regulation (EU) 2024/1735
- Key date
- 2024
- Applies to
- Net-zero technology manufacturing
01
Who the regulation applies to
This regulation applies to:
- Manufacturers of net-zero technologies (the list in Article 4: solar photovoltaic/solar thermal, electrolysers and fuel cells, onshore wind and offshore renewables, sustainable biogas/biomethane, batteries and storage, CCS, heat pumps and geothermal, grid technologies, etc.) and their supply chain undertakings (condition: within the technology list in Article 4)
- Developers of innovative net-zero technologies and other innovative technologies (Articles 33 and 34)
- Operators of energy-intensive industry decarbonisation projects in the net-zero technology supply chain (with the exception of Articles 5, 25, 26 and 28)
- Policy objective: EU strategic net-zero technology manufacturing capacity to meet at least 40% of annual deployment demand by 2030
- (Not applicable) Critical raw material-related activities (governed by Reg (EU) 2024/1252)
The following provisions define its scope:
Article 1 — Subject matter
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework in order to ensure the Union’s access to a secure and sustainable supply of net-zero technologies, including by scaling up the manufacturing capacity of net-zero technologies and their supply chains to safeguard their resilience while contributing to achieving the Union’s climate targets and climate neutrality objective, as defined in Regulation (EU) 2021/1119, with a view to the decarbonisation of the Union’s economy and society, and by contributing to quality jobs in net-zero technologies, and thereby also improving the competitiveness of the Union.
2. To achieve the general objective referred to in paragraph 1, this Regulation lays down measures aiming to:
(a)
lower the risk of supply disruptions related to net-zero technologies likely to distort competition and fragment the internal market, in particular by identifying and supporting the scale-up of the manufacturing capacity of net-zero technologies and their supply chains;
(b)
establish a Union market for CO2 storage services;
(c)
encourage demand for sustainable and resilient net-zero technologies through public procurement procedures, auctioning and other forms of public intervention;
(d)
enhance skills through the support of the Academies, thereby safeguarding and creating quality jobs;
(e)
support innovation through the creation of net-zero regulatory sandboxes, coordination of research and innovation activities through the Strategic Energy Technologies Plan Steering Group, as well as through the use of pre-commercial procurement and public procurement of innovative solutions;
(f)
improve the Union’s ability to monitor and mitigate supply risks related to net-zero technologies.
Article 2 — Scope
1. With the exception of Articles 33 and 34 of this Regulation, which apply to innovative net-zero technologies and other innovative technologies, this Regulation applies to net-zero technologies. Critical raw materials falling under the scope of Regulation (EU) 2024/1252 are excluded from the scope of this Regulation.
2. In the case of integrated production facilities that cover the production of materials falling both under the scope of Regulation (EU) 2024/1252 and of this Regulation, it shall be the facilities’ final product that determines which Regulation applies.
3. With the exception of Articles 5, 25, 26 and 28, this Regulation applies to energy-intensive industry decarbonisation projects that are part of the supply chain of a net-zero technology and that reduce emission rates of CO2-eq of industrial processes significantly and permanently to an extent which is technically feasible.
02
What the regulation requires
| Duty | Trigger | Evidence | Timing |
Net-zero technology projects benefit from fast-track permitting and auction criteria Manufacturing projects for solar, batteries, electrolysers, etc. may use fast-track permitting and non-price criteria. | Investing in net-zero technology manufacturing in the EU | Project application documents, sustainability/resilience evidence | After 2024/1735 enters into force |
03
Key provisions
Article 5(1) — manufacturing capacity benchmarks
The Commission and Member States shall support net-zero manufacturing projects in accordance with this Chapter in order to ensure the reduction of strategic dependencies in the Union of net-zero technologies and their supply chains by reaching a manufacturing capacity for those technologies of: (a) a benchmark of at least 40 % of the Union’s annual deployment needs for the corresponding technologies necessary to achieve the Union’s 2030 climate and energy targets; (b) an increased Union share for the corresponding technologies with a view to reaching 15 % of world production by 2040 ...
Article 9(1) — duration of the permit-granting process
The permit-granting process for net-zero technology manufacturing projects shall not exceed any of the following time limits: (a) 12 months for the construction or expansion of net-zero technology manufacturing projects with a yearly manufacturing capacity of less than 1 GW; (b) 18 months for the construction or expansion of net-zero technology manufacturing projects with a yearly manufacturing capacity of 1 GW or more.
Article 20(1) — Union CO2 injection capacity objective
An annual injection capacity of at least 50 million tonnes of CO2 shall be achieved by 2030 in storage sites, meaning geological storage sites permitted under Directive 2009/31/EC including depleted oil and gas fields and saline aquifers, located in the territory of the Union, its exclusive economic zones or on its continental shelf ... and which are not combined with Enhanced Hydrocarbon Recovery.
Article 23(1) — individual contribution of oil and gas licensees
Each entity holding an authorisation as defined in Article 1, point 3, of Directive 94/22/EC shall be subject to an individual contribution to the Union-wide target for available CO2 injection capacity set in Article 20 of this Regulation. Those individual contributions shall be calculated pro-rata on the basis of each entity’s share in the Union’s crude oil and natural gas production from 1 January 2020 to 31 December 2023 ...
04
Industry dossiers covering this regulation