Commission, as guardian of the Treaties, insists legislation must be politically acceptable and legally sound

The European Commission said it remains committed to an ambitious and balanced outcome in the ongoing trilogue negotiations, while raising concerns over the legal compatibility of certain proposals with existing EU law.

The Commission’s full statement follows below.

The European Commission remains fully committed to achieving an ambitious and balanced outcome in the ongoing trilogue negotiations, in line with the Union’s climate objectives and the principles of legal certainty and regulatory coherence. At this stage, however, the Commission must underline that certain elements introduced during negotiations raise substantial concerns in relation to their compatibility with existing Union law, notably the framework established under Regulation (EU) 2019/631 and Regulation (EU) 2023/1542, as well as the broader legislative context, including Directive (EU) 2018/2001.

In particular, proposals seeking to treat synthetic fuels as equivalent to zero-emission technologies raise fundamental methodological and legal challenges. The current Union framework for vehicle emissions is based on tailpipe emissions, as defined in Regulation (EU) 2019/631. Any departure from this approach, notably through the integration of lifecycle-based accounting for fuels, would constitute a structural modification of the compliance system, which cannot be addressed within the scope of the present file without undermining legal clarity and consistency across the acquis.

RED III cannot be used to label synthetic fuels as zero-emission, as it is based on lifecycle accounting, not the tailpipe framework of Regulation (EU) 2019/631.

Furthermore, the absence of a fully operational and harmonized methodology for lifecycle emissions — including criteria on additionally, traceability, and upstream emissions — as foreseen under the Renewable Energy Directive, creates significant risks in terms of verification, enforcement, and environmental integrity. Without such safeguards, there is a tangible risk of regulatory inconsistencies and unintended loopholes. Similarly, the introduction of additional binding provisions on battery sustainability within this Regulation raises concerns regarding overlap and duplication with Regulation (EU) 2023/1542, which already establishes a comprehensive framework covering carbon footprint, circularity, due diligence, and supply chain requirements.

The Commission considers that parallel obligations in this file could lead to legal uncertainty, increased administrative burden, and potential conflicts in implementation, particularly for manufacturers operating across multiple regulatory regimes. The Commission remains fully engaged in the negotiations and is actively tabling targeted compromise solutions, including the use of review clauses and monitoring mechanisms, which allow for the consideration of emerging technologies such as CO₂-neutral fuels without disrupting the current regulatory architecture.

At the same time, it is important to recall that, under Article 17 of the Treaty on European Union, the Commission retains its right of initiative, including the prerogative to amend or, where necessary, withdraw its proposal if the legislative outcome risks undermining its objectives or coherence within the Union legal framework.

The Commission will therefore continue to engage in good faith with both co-legislators to ensure that the final outcome delivers on climate ambition while preserving the integrity, predictability, and enforceability of EU law.