(2)

Through the adoption of Regulation (EU) 2021/1119 of the European Parliament and of the Council (5), the Union has enshrined in legislation a binding objective of economy-wide climate neutrality by 2050, thus reducing emissions to net zero by that date, and the aim of achieving negative emissions thereafter , established a binding Union 2030 intermediate climate target and provided for the setting of a Union-wide intermediate climate target for 2040.

(2)

Through the adoption of Regulation (EU) 2021/1119 of the European Parliament and of the Council (5), the Union has enshrined in legislation a binding objective of economy-wide climate neutrality by 2050, thus reducing greenhouse gas emissions to net zero by that date, and the aim of achieving negative emissions thereafter . That Regulation also established a binding Union 2030 intermediate climate target and requires the setting of a Union-wide intermediate climate target for 2040.

(3)

Taking into account the scientific advice by the European Scientific Advisory Board on Climate Change and based on a detailed Impact Assessment, the Commission presented a recommended target of a 90 % net greenhouse gas emission reduction compared to 1990 levels for 2040 in its Communication of 6 February 2024 on Securing our future: Europe's 2040 climate target and path to climate neutrality by 2050 building a sustainable, just and prosperous society (6).

(3)

Taking into account the scientific advice by the European Scientific Advisory Board on Climate Change (‘the Advisory Board’) and based on a detailed Impact Assessment, the Commission presented a recommended target of a 90 % net greenhouse gas emission reduction compared to 1990 levels for 2040 in its Communication of 6 February 2024 on Securing our future: Europe's 2040 climate target and path to climate neutrality by 2050 building a sustainable, just and prosperous society (6).

(4)

In order to propose the Union 2040 climate target, the Commission considered the best available and most recent scientific evidence, including the latest reports of the Intergovernmental Panel on Climate Change (IPCC) and the Advisory Board; the social, economic and environmental impacts, including the costs of inaction; the need to ensure a just and socially fair transition for all; cost-effectiveness and economic efficiency; competitiveness of the Union’s economy, in particular small and medium-sized enterprises and sectors most exposed to carbon leakage; best available cost-effective, safe and scalable technologies; energy efficiency and the ‘energy efficiency first’ principle, energy affordability and security of supply; fairness and solidarity between and within Member States; the need to ensure environmental effectiveness and progression over time; the need to maintain, manage and enhance natural sinks in the long term and protect and restore biodiversity, including in the marine environment; investment needs and opportunities; international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC); existing information on the projected indicative Union greenhouse gas budget for the 2030-2050 period.

(4)

In order to propose the Union 2040 climate target, the Commission considered the best available and most recent scientific evidence, including the latest reports of the Intergovernmental Panel on Climate Change (IPCC) and the Advisory Board; the social, economic and environmental impacts, including the costs of inaction; the need to ensure a just and socially fair transition for all; cost-effectiveness and economic efficiency; competitiveness of the Union’s economy, in particular small and medium-sized enterprises and sectors most exposed to carbon leakage; best available cost-effective, safe and scalable technologies; energy efficiency including the ‘energy efficiency first’ principle, energy affordability and security of supply for all Member States ; fairness and solidarity between and within Member States; the need to ensure environmental effectiveness and progression over time; the need to maintain, manage and enhance natural sinks in the long term and protect and restore biodiversity, including in the marine environment; investment needs and opportunities; international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC); existing information on the projected indicative Union greenhouse gas budget for the 2030-2050 period.

(5)

In order to achieve the 2040 climate target it is essential to, inter alia, fully implement the agreed 2030 framework, ensure and provide support to the competitiveness and resilience of the European industry, ensure transition pathways based on best available cost-effective, safe and scalable technologies, set a greater focus on a just transition that leaves no one behind, ensure fair competition with international partners, decarbonise the energy system with all zero and low carbon energy solutions (including renewables, nuclear, energy efficiency, storage, CCS, CCU, carbon removals, geothermal and hydro-energy, and all other current and future net-zero energy technologies), and organise a strategic dialogue on the post-2030 framework with all relevant sectors . With the Clean Industrial Deal, the EU is putting in place the conditions for a successful transition, focussing on both decarbonisation and industrial renewal , including support mechanisms for European industry , better access to public and private finance, a global level playing field, and clear enabling conditions for the uptake and scaling of clean technologies, in order to strengthen industrial competitiveness and innovation in the EU .

(5)

In order to achieve the 2040 climate target it is essential to, inter alia, fully implement the agreed 2030 policy framework, ensure and provide support to enhance and bolster the competitiveness and resilience of the European industry , ensure sustainable food systems as well as the resilience of rural communities and food security through a sustainable and robust European agricultural sector , ensure transition pathways based on best available cost-effective, safe and scalable technologies, and set a greater focus on a just transition for affected regions, sectors and vulnerable households that leaves no one behind, for example through support from the Social Climate Fund in the transition to climate neutrality. Further, it is essential to ensure fair competition with international partners, and to make effective use of all EU economic instruments to deter and counter unfair trade practices, decarbonise the energy system with a technologically neutral approach that includes all zero and low carbon energy solutions (including renewables, nuclear, energy efficiency, storage, CCS, CCU, carbon removals, geothermal and hydro-energy, sustainable bioenergy and all other current and future net-zero energy technologies) , reduce import dependencies and diversify the EU’s sources of critical raw materials , and organise a strategic dialogue on the post-2030 framework with all relevant sectors, including industry and transport .

(5a)

In its conclusions of 23 October 2025, the European Council stated that enhancing the Union’s competitiveness, bolstering its resilience, and advancing the green transition are mutually reinforcing objectives that must be pursued together, and called for an urgent stepping up of efforts to secure the supply of affordable and clean energy and build a genuine Energy Union before 2030, including by leveraging the new Energy Union Task Force, as well as for accelerating work aimed at lowering energy prices and supporting sustainable energy production domestically in the Union. With a view to ensuring a cost-effective, fair and just, pragmatic and socially balanced transition towards climate neutrality, taking into account different national circumstances, both private and public sector investment, including through Union funding, will be a key enabler for the clean transition, for example by supporting and accelerating the deployment and commercialisation of innovative technologies across Member States, supporting access to industrial renewal and decarbonisation, clean tech manufacturing and the modernisation of energy systems as well as providing affordable solutions across the economy and for citizens throughout the Union. The Clean Industrial Deal is putting in place the conditions for a successful transition, focussing on both decarbonisation and industrial renewal, which will contribute to boosting demand for ‘made in Europe’, and support mechanisms for European industry, including the Industrial Decarbonisation Bank and the new simplified state aid framework.

(5aa)

Furthermore, the European Council also recalled in its conclusions of 23 October 2025 the urgent need to intensify collective efforts to ensure Europe’s industrial renewal, modernisation and decarbonisation in a technologically neutral manner. It underlined in this context that particular attention should be paid to traditional industries, notably the automotive, shipping, and aviation industries as well as energy-intensive industries, such as steel and metals, chemicals, cement, glass and ceramics, and pulp and paper, so that they remain resilient and competitive in a global market and a challenging geopolitical environment. In this regard, it welcomed the recent Commission proposal to protect the European steel sector from unfair impacts of global overcapacity. It also welcomed the Commission’s intention to take forward the review foreseen under the Regulation on CO2 emissions performance standards for cars and vans, and it called for the swift presentation of this proposal, taking into account technological neutrality and European content. In this context, the European Council also welcomed the recent letter from the President of the Commission on climate and competitiveness.

(5b)

The Clean Industrial Deal also focuses on better access to public and private finance, an integrated and interconnected Union energy market ensuring energy security, promotion of circular economy, a global level playing field including through the effective implementation and extension of CBAM to downstream goods, introducing anti-circumvention measures and action to address export carbon leakage, and clear enabling conditions such as streamlined permitting and the uptake and scaling of clean technologies, in order to strengthen the Union’s competitive edge and industrial competitiveness as well as innovation in the EU taking into account the challenging geopolitical environment.

(7)

Priority should be given to domestic reductions in greenhouse gas emissions, complementing it by increased removals, including through both natural and technological solutions. In the development of the post-2030 policy package, due attention should be paid to the contribution of gross emission reductions versus natural and technological removals. Nature-based and industrial removals play an increasing role in the Union’s economy in the next decades, in view of the need to balance greenhouse gas emissions and removals at the latest by 2050 and negative emissions thereafter. Incentives will be developed on the occasion of the review of Directive 2003/87/EC of the European Parliament and of the Council (7) in 2026, where the Commission envisages to provide for domestic permanent carbon removals in the system for greenhouse gas emission allowance trading within the Union (‘EU ETS’) to compensate for residual emissions from hard to abate sectors .

(7)

Priority should be given to domestic reductions in greenhouse gas emissions, complementing it by increased removals, including through both natural and technological solutions. In the development of the post-2030 policy package, due attention should be paid to the contribution of gross emission reductions versus natural and technological removals. Natural removals have characteristics that should be taken into account, such as forest age structure, proportion of organic soils, natural variability, and uncertainties related to the impacts of climate change, to natural disturbances and to changes in methodologies. Natural and industrial removals play an increasing role in the Union’s economy in the next decades, in view of the need to balance greenhouse gas emissions and removals at the latest by 2050 and negative emissions thereafter. Incentives will be developed in the context of the review of Directive 2003/87/EC of the European Parliament and of the Council (7) in 2026, where the Commission envisages to provide for the inclusion of domestic permanent carbon removals in the EU emissions trading system (‘EU ETS’) to compensate for residual hard to abate emissions . The land use, land use change and forestry sector has a central role in a sustainable and circular bioeconomy and has the potential to provide long-term climate and environmental benefits contributing to the clean transition of the EU economy and reducing dependencies by substituting fossil-based materials.

(7a)

While some enabling policies have already been implemented and their impact is already visible, this is not yet the case for all. The Commission should continue to strengthen the initiatives concerning the enabling framework and aim to accelerate their adoption to ensure that conditions are in place to support European industry and citizens throughout the transition, in full respect of Union law.

(8)

The Union has in place a regulatory framework to achieve the 2030 climate target. The legislation implementing that target consists, inter alia, of Directive 2003/87/EC, which establishes the EU ETS, Regulation (EU) 2018/842 of the European Parliament and of the Council (8), which introduced national targets for reduction of greenhouse gas emissions by 2030, and Regulation (EU) 2018/841 of the European Parliament and of the Council (9), which sets net carbon removal targets for the land use sector. The Commission should assess how the relevant Union legislation would need to be amended in order to achieve the 2040 climate target. When designing the future architecture , the Commission should prepare detailed impact assessments, including the impacts on competitiveness and small and medium enterprises, and consider taking necessary measures, including legislative proposals as appropriate. A number of elements to facilitate the achievement of the 2040 target should be appropriately reflected, including a potential limited contribution towards the 2040 target of high-quality international credits under Article 6 of the Paris Agreement, in the second part of the 2030-2040 decade, in line with accounting rules of the Paris Agreement; the role of domestic permanent removals (Biogenic emissions Capture with Carbon Storage (BioCCS) and Direct Air Capture with Carbon Storage (DACCS)) in the EU ETS; enhanced flexibility across sectors. In order to assess the social, economic and environmental impacts, the future architecture should be based on robust impact assessments. The future architecture should also foster convergence while taking into account fairness and Member States’ specificities, including those of islands and outermost regions.

(8)

The Union has in place a regulatory framework to achieve the 2030 climate target. The legislation implementing that target consists, inter alia, of Directive 2003/87/EC, which establishes the EU ETS, Regulation (EU) 2018/842 of the European Parliament and of the Council (8), which introduced national targets for reduction of greenhouse gas emissions by 2030, and Regulation (EU) 2018/841 of the European Parliament and of the Council (9), which sets net carbon removal targets for the land use sector. In order to ensure a smooth transition to the EU ETS2, the application of Article 30(k)(2) letters (a) to (e) of Directive 2003/87/EC should be postponed of one year. The Commission should assess how the relevant Union legislation would need to be amended in order to achieve the 2040 climate target , also taking into account declining natural sink capacity . When designing the post-2030 framework , the Commission should prepare detailed impact assessments, taking into account its analysis of the integrated national energy and climate plans, the geopolitical environment, including the need to ensure the Union’s and its Member States’ capacity to rapidly increase and strengthen their defensive capacity by addressing possible burdens while maintaining incentives for industrial decarbonisation, the impacts on competitiveness , on small and medium-sized enterprises and energy intensive industries, and impacts on energy costs and investment needs across Member States , and consider taking necessary measures, including legislative proposals as appropriate.

(8a)

A number of elements to facilitate the achievement of the 2040 climate target should be appropriately reflected, including an adequate contribution towards the 2040 climate target of high-quality international credits under Article 6 of the Paris Agreement, in the second part of the 2031-2040 decade, in a way that is both ambitious and cost-efficient and in line with accounting rules of the Paris Agreement, including a pilot period to initiate a high-quality and high-integrity international credit market for the period 2031-2035; the role of domestic permanent removals (such as Biogenic emissions Capture with Carbon Storage (BioCCS) and Direct Air Capture with Carbon Storage (DACCS)) in the EU ETS while ensuring the environmental integrity of the EU ETS, including the possibility to store CO2 outside the Union, as appropriate, subject to the existence of international agreements and providing for conditions equivalent to those laid out in Union law; and enhanced and accessible flexibility across and within sectors and instruments to support a cost-effective approach whereby for example Member States’ achievements in one sector can balance gaps in others in a cost-efficient way while ensuring that each sector contributes to the efforts and ensuring that possible shortfalls in one sector would not be at the expense of other economic sectors, without prejudice to each Member State’s possibility to make use of the flexibilities. In operationalising the use of international credits, the Commission should take into account the need to ensure a level playing field across Member States and the opportunity to support strategic EU partnerships. International credits should not play a role for compliance in the EU ETS. The current EU ETS trajectory should be revised in the upcoming review of the ETS Directive to take into account the agreed 2040 target in a manner that would allow for a limited amount of emissions after 2039. The Commission should timely consider a slower phase-out pathway for free allocation of allowances from 2028 onwards to support decarbonisation, investment and employment in Europe, including through the Industrial Decarbonisation Bank and a review of the Market Stability Reserve, while minimising the risk of carbon leakage. In order to assess the social, economic and environmental impacts, the post-2030 framework should be based on robust impact assessments. The post-2030 framework should also foster convergence while taking into account fairness and Member States’ national circumstances and specificities, including those of islands, island Member States and outermost regions.

(a)

Starting from 2036, a possible limited contribution towards the 2040 target of high-quality international credits under Article 6 of the Paris Agreement of 3 % of 1990 EU net emissions supporting the EU and third countries in achieving net greenhouse gas reduction trajectories compatible with the Paris Agreement objective to hold the increase in the global average temperature to well below 2 °C and pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels - the origin, quality criteria and other conditions concerning the acquisition and use of any such credits shall be regulated in Union law;

(a)

Starting from 2036, an adequate contribution towards the 2040 climate target of high-quality international credits under Article 6 of the Paris Agreement of up to 5 % of 1990 EU net emissions corresponding to a domestic reduction of net greenhouse gas emissions by 85 % compared to 1990 levels by 2040, in a way that is both ambitious and cost-efficient, supporting the EU and third countries in achieving net greenhouse gas reduction trajectories compatible with the Paris Agreement objective to hold the increase in the global average temperature to well below 2 °C and pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levels ensuring the environmental integrity of these credits, while promoting the EU’s technological leadership; a pilot period to initiate a high-quality and high-integrity international credit market may be considered for the period 2031-2035; the origin, quality criteria and other conditions concerning the acquisition and use of any such credits shall be regulated in Union law to ensure that they are based on credible and transformative activities in partner countries whose climate targets and policies are compatible with the targets of the Paris Agreement and are subject to robust safeguards ensuring integrity, avoidance of double counting, additionality, permanence, transparent governance, strong monitoring, reporting and verification methodologies, as well as economic, social and environmental co-benefits and human rights safeguards, safeguards to prevent the funding of projects contrary to the strategic interests of the Union, and high ambition for the share of proceeds for adaptation, the share of mitigation benefits with concerned countries and overall mitigation of global emissions; when establishing the criteria, the Commission shall consider setting stricter criteria than those laid down under Article 6.4 of the Paris Agreement;

(b)

the role of domestic permanent removals under the greenhouse gas emission allowance trading system within the Union (‘EU ETS’) to compensate for residual emissions from hard to abate sectors ;

(b)

the role of domestic permanent removals under the greenhouse gas emission allowance trading system within the Union (‘EU ETS’) to compensate for residual hard-to-abate emissions;

(c)

enhanced flexibility across sectors, to support the achievement of targets in a cost-effective way;

(c)

enhanced flexibility within and across sectors and instruments , to support the achievement of targets in a simple and cost-effective way;

(ca)

the realistic contribution of carbon removals to the overall emission reduction effort, while taking into account the uncertainties of natural removals and ensuring that possible shortfalls would not be at the expense of other economic sectors, without prejudice to the possibility for Member States to use surplus natural removals to compensate their emissions in other sectors;

(cb)

the need to maintain, manage and enhance, as appropriate, natural sinks in the long term and protect and restore biodiversity, to promote sustainable and circular bioeconomy, as well as take into account the effects of differences in forest age structure, natural variability and uncertainties notably those linked to the impacts of climate change and natural disturbances in the land use, land use change and forestry sector;

(d)

Member States post-2030 targets and efforts should reflect cost-efficiency and solidarity, in light of national circumstances;

(d)

Member States post-2030 targets and efforts should reflect cost-efficiency and solidarity, taking into account different national circumstances and specificities, including those of islands and outermost regions ;

(f)

the social, economic and environmental impacts;

(f)

the social, economic and environmental impacts across Member States including in relation to the objectives of decarbonisation and competitiveness for European industry ;

(h)

the need to ensure a just and socially fair transition for all;

(h)

the need to ensure and support a fair and just, pragmatic, cost-effective and socially balanced transition for all , taking into account different national circumstances and paying particular attention to impacts on consumer prices, energy and transport poverty and to regions and sectors, including their investment capacity, small and medium-sized enterprises, farmers and vulnerable households affected by the transition to climate neutrality ;

(i)

simplification, technology neutrality, cost-effectiveness, economic efficiency, and economic security;

(i)

simplification and reduction of administrative burden , technology neutrality, cost-effectiveness, economic efficiency, and economic security;

(j)

climate action as a driver for investment and innovation;

(j)

climate action as a driver for investment , innovation and increased competitiveness ;

(k)

the need to strengthen the global competitiveness of the Union’s economy, in particular small and medium-sized enterprises and industrial sectors most exposed to carbon leakage so as to ensure fair competition;

(k)

the need to strengthen the resilience and global competitiveness of the Union’s economy and reduce risk of carbon leakage , in particular for small and medium-sized enterprises and industrial sectors that are most exposed to carbon leakage , including in relation to exports, so as to ensure fair competition;

(m)

energy affordability, security of supply, energy efficiency and the ‘energy efficiency first’ principle;

(m)

energy availability and affordability, security of supply, energy security, energy efficiency including the ‘energy efficiency first’ principle , as well as strengthening of electricity grids and interconnections with a view to building a genuine Energy Union and promoting domestically produced energy ;

(ma)

the role of zero-, low carbon and renewable fuels in the decarbonisation of transport, including road transport beyond 2030 and concrete measures to assist heavy duty vehicles manufacturers to reach their targets, taking into account European content;

(o)

the need to ensure environmental effectiveness and progression over time;

(o)

the need to ensure environmental effectiveness and progression over time , while also safeguarding social cohesion as well as ensuring food security and a just transition ;

(p)

the need to maintain, manage and enhance natural sinks in the long term and protect and restore biodiversity, as well as take into account uncertainties notably those linked to the impacts of climate change in the land use sector;

(q)

investment needs and opportunities, including access to public and private finance;

(q)

investment needs and opportunities, including access to public and private finance as well as support for innovation and access to innovative technologies across all Member States, taking into account geographical balance ;

(r)

international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the UNFCCC, as well as the support of the Union to its partners in addressing climate change and its impacts. .

(r)

international developments and efforts undertaken to achieve the long-term objectives of the Paris Agreement and the ultimate objective of the United Nations Framework Convention on Climate Change ( UNFCCC ) , as well as the support of the Union to its partners in addressing climate change and its impacts.

(2a)

in Article 4, the following paragraph is added:

(3)

in Article 11, first paragraph, the following points are added:

‘(c)

the evolving challenges to and opportunities for global competitiveness of European industries across Member States, in particular of energy-intensive industries and of small and medium-sized enterprises;’;

(ca)

the evolution of energy prices and its impact on European industries and households;

(cb)

the socioeconomic impacts including the effects on employment;

(d)

technological advances and deployment across Member States and sectors of innovative technologies;

(e)

the estimated level of net removals at Union level in relation to the targets of this Regulation. If the Commission finds that the estimated level of net natural removals for 2040 is significantly diverging from what would be required to achieve the 2040 intermediate target, including where due to natural disturbances, the Commission shall propose, where appropriate, measures at Union level, including if necessary an adjustment of the 2040 intermediate target corresponding to and within the limits of the possible shortfalls, and ensure that possible shortfalls will not be at the expense of other economic sectors;

(f)

the progress towards the intermediate targets set out in this Regulation.

(g)

the flexibility for Member States to use high-quality international credits to fulfil up to 5 % of their post-2030 targets and efforts in sectors that are not regulated in the EU ETS.

(4)

In Article 11, the second paragraph is replaced by the following: