Germany – Support Services for Public Administration – Platform for the Sale (Auction and Sale) of Emission Certificates (Fuel Emissions Trading Act) from 2026

The national emissions trading system ("nEHS"), introduced in 2021, captures emissions from the combustion of fossil fuels. The legal basis for the introduction of the nEHS is the Fuel Emissions Trading Act ("BEHG"). This procurement procedure concerns the establishment and operation of a platform for the sale of emission certificates in accordance with the BEHG starting in 2026. The following legal bases apply to the service provider: The allocation of emission certificates in the nEHS is carried out according to § 10 Abs. 1 Satz 2 BEHG through sale. In 2026, the emission certificates will be auctioned, with prices forming within a specified corridor. The legislator has provided the possibility, with the TEHG European Law Adaptation Act that came into force on March 6, 2025, in § 10 Abs. 3 BEHG, for further specific regulations for the sale starting in 2026 to be established by federal regulation. § 10 Abs. 3 S. 2 Nr. 1 BEHG also provides that the federal government can commission the implementation of the sale by another entity through the Federal Environment Agency. The federal government will make use of the possibility provided in § 10 Abs. 3 S. 2 BEHG to delegate the sale by the responsible authority to another entity as part of the amendment of the Fuel Emissions Trading Regulation ("BEHV"). The sale of emission certificates through the platform is to begin no later than July 1, 2026.