Legal acts and references

This section lists legal acts that in one way or another are mentioned on our pages about emissions trading.

The EU's emissions trading system is regulated by EU legal acts. The EU can adopt different types of legal acts to achieve the goals that are set jointly within the Union. Some are binding, others are not. Some apply to all EU countries, others only to a few.

The different types of legal acts are regulations, directives, decisions, recommendations and opinions.

  • A regulation is a binding legal act that applies directly in every member state, and no new national laws need to be enacted. However, national legislation may need to be adapted due to the content of the regulation.
  • A directive sets goals that member states must achieve, but they are free to decide how to do this and may need to be converted into national legislation.
  • A decision is binding for those to whom the decision is directed. It is directly applicable without national legislation.
  • A recommendation allows the EU institutions to express opinions and propose measures that are not legally binding.
  • An opinion is a statement by the institutions that does not impose any legal obligations on its recipients.
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EU directives and regulations

  • The EU Emissions Trading Directive - Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC.

    The EU Emissions Trading Directive (europa.eu)

  • The Registry Regulation - Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry.

    The Registry Regulation (europa.eu)

  • Monitoring and Reporting Regulation (MRR) - 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.

    Monitoring and Reporting Regulation (europa.eu)

  • EU ETS Accreditation Regulation (AVR)- 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

    EU ETS Accreditation Regulation (europa.eu)

  • The Auctioning Regulation - Commission Delegated Regulation (EU) 2023/2830 of 17 October 2023 supplementing Directive 2003/87/EC of the European Parliament and of the Council by laying down rules on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances.

    The Auctioning Regulation (europa.eu)

  • EU ETS legislative framework – Other EU legislation.

    EU ETS legislative framework (europa.eu)

  • General Data Protection Regulation - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

    General Data Protection Regulation (europa.eu)