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Competition Policy

Public consultation on draft ETS State aid Guidelines

Policy field

Competition: State aid


Target group

All citizens, Member States, organisations and any other interested parties are welcome to contribute to this consultation.


Consultation period

This public consulation is closed.


Objective of the consultation

In line with the European Green Deal communication, the draft EU ETS State aid Guidelines aims at reducing carbon leakage risk related to indirect ETS costs, and incentivising the modernisation of production processes.

Member States can partly compensate indirect emission costs faced by industrial sectors due to EU Emission Trading System (ETS) as long as this is in accordance with the Guidelines on State aid measures in the context of the EU ETS.

Current Guidelines will expire on 31 December 2020. They therefore have to be revised for the next trading period starting on 1 January 2021.

The purpose of the consultation is to gather feedback from all interested parties on the draft new ETS Guidelines before their adoption in the course of 2020. In particular, interested parties should assess whether the draft Guidelines are well designed to address the risk of carbon leakage due to indirect emission costs (notably as regards the eligible sectors for compensation), while preserving the incentive of the ETS for a cost-effective decarbonisation of the economy and minimising competition distortions in the internal market. 


How to submit your contribution

We welcome contributions from citizens, organisations and public authorities.

Received contributions will be published on this webpage. Submissions that are clearly marked "confidential" will be treated as such and not published. In that case please also provide a non-confidential version of your reply. It is important to read the privacy statement attached to this consultation for information on how your personal data and contribution will be dealt with.

Please note that we cannot guarantee to take account of replies received after the deadline.
We would appreciate receiving documents in an electronic format.


View the consultation document

Draft Communication: bg cs da de el en es et fi fr hr hu it lt lv mt nl pl pt ro sk sl sv


Reference documents

Explanatory note accompanying the draft ETS Guidelines
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Consultant report

Directive (EU) 2018/410 of the European Parliament and of the Council of 14 March 2018 amending Directive 2003/87/EC to enhance cost-effective emission reductions and low-carbon investments (Official Journal L 76, 19.3.2018)

Current Guidelines on certain State aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012 (Official Journal C 158, 5.6.2012, p.4)

Communication from the Commission amending the Communication from the Commission Guidelines on certain States aid measures in the context of the greenhouse gas emission allowance trading scheme post-2012 (Official Journal C 387, 15.12.2012, p.5)

Factsheet [en de fr]

Communication from the Commission supplementing the Guidelines on certain State Aid measures in the context of the system for greenhouse gas emission allowance trading post-2021 [en]

Support study for the establishment of efficiency benchmarks