To achieve consistent and transparent implementation of the NZIA, the legal acts establish common criteria for renewable energy auctions, lists of end products and their components, guidance on what constitutes a “strategic project,” and amendments to the NZIA Annex. After the European Commission has considered any adjustments to the legal acts based on the comments received, the legal acts will be adopted.

In the autumn of 2024, the Norwegian Ministry of Trade, Industry and Fisheries initiated a consultation on the NZIA, seeking input on the regulation’s implications and its potential incorporation into the EEA Agreement. If the Net Zero Industry Act is incorporated into the EEA Agreement, the complementary legal acts that the European Commission has consulted on will also become part of the regulations that are incorporated. It is important to protect the competitive position of Norwegian companies in our most significant export market. Swift implementation of the NZIA and associated legal acts is essential for Norwegian companies to compete on equal terms with European companies in the green transition.

The following is a summary of the content of the four legal acts and their potential effects on Norwegian actors.

The first implementing act relates to Article 26 of the NZIA, which addresses auctions for the deployment of renewable energy sources. It establishes pre-qualification and non-price award criteria that Member States must consider when designing a certain proportion of such auctions, as per Art. 26 (1) (a) and (b). The legal act provides guidance on interpreting and operationalizing the criteria in Art. 26 during auctions. These criteria include responsible business conduct, cybersecurity and data security and the ability to deliver the project fully and on time. In addition, there is a prequalification or award criterion related to the auction’s contribution to sustainability and resilience concerning the content of European-produced net-zero emission technology (minimum 50%). The legal act currently under consultation aims to clarify these criteria and ensure their uniform application in renewable energy auctions. NZIA Art. 26 (3) mandates the adoption of such an implementing act by March 30, 2025.

The second implementing act follows up on NZIA Art. 29 (2), which requires the European Commission to adopt an implementing act specifying end products and their net-zero emission technology. The implementing act will serve as the basis for assessing whether the technology and components contribute to the EU’s resilience. When applying NZIA Art. 25 on sustainability and resilience in public procurement, Art. 26 on renewable energy auctions, and Art. 28 on other forms of public intervention, this implementing act shall be used to assess whether the project contributes to the EU’s resilience for the production of net-zero emission technologies and components.

The third implementing act specifies how the criteria in NZIA Art. 13 for defining “net-zero strategic projects” are to be understood and applied. Being defined as a “net-zero strategic project” gives some benefits, such as quicker and prioritized follow up by the authorities. In addition to general guidance, the act specifically clarifies how the criteria related to sustainability, the 50% import dependency threshold, and the phrase “significant share of world production” are to be interpreted and operationalized when determining whether a project qualifies as a “net-zero strategic project”. Art. 13 (2) requires the adoption of this implementing act by March 1, 2025.

The delegated act contains an updated Annex to the NZIA, replacing the original Annex. The Annex includes an updated list of components primarily used for zero-emission technologies. The listed components are not exhaustive. As with the other legal acts, this amendment aims to ensure uniform implementation of the NZIA across EU Member States.

If the NZIA is incorporated into the EEA Agreement, these four legal acts will follow. The legal acts clarify and elaborate on the criteria in the NZIA and provide guidelines for the assessments the regulation requires EU Member States to make in the operationalization of the NZIA. NZIA, along with supplementary legal acts, will impact the position of Norwegian actors in the European market during the green transition, particularly concerning the framework for CO2 management, renewable energy development, and as a supplier of raw materials, cf. the consultation on the NZIA and stakeholders’ input. The specific requirements and instruments outlined in the NZIA to accelerate the transition in European industry have been further elaborated through the supplementary legal acts. This clarifies the consequences of implementing the NZIA in the EEA Agreement. It should provide a solid basis for a swift conclusion on the question of implementation, ensuring Norwegian actors’ competitiveness and participation in the green transition on equal terms with European actors.