Legal & Regulatory News

European Commission adopts Complementary Climate Delegated Act setting out conditions for the inclusion of gas and nuclear activities in the EU Taxonomy

On 9 March 2022, the European Commission adopted the final text of a Complementary Climate Delegated Act, which amends the Taxonomy Climate Delegated Act ((EU) 2021/2139) by setting out technical screening criteria for natural gas and nuclear activities to be included in the list of economic activities under the Taxonomy Regulation ((EU) 2020/852).

The Complementary Climate Delegated Act includes three types of nuclear-related activities, namely:

• Pre-commercial stages of advanced technologies to produce energy from nuclear processes with minimal waste from the fuel cycle;
• Construction and safe operation of new nuclear power plants, for the generation of electricity or heat, including for hydrogen production, using best-available technologies when the permit is issued before 2045; and
• renovation and expansion of existing nuclear power plants approved before 2040.

The Complementary Climate Delegated Act also includes the following three types of gas-related activities:

• electricity generation from fossil gaseous fuels;
• high-efficiency co-generation of heat/cool and power from fossil gaseous fuels; and
• production of heat/cool from fossil gaseous fuels in an efficient district heating and cooling system.

The Complementary Climate Delegated Act sets out the technical screening criteria for each of these activities.

The Complementary Climate Delegated Act will be subject to scrutiny from both the Council of the EU and the European Parliament. If approved, the Complementary Climate Delegated Act is intended to apply from 1 January 2023.

Click here to access the Complementary Climate Delegated Act.