Why this hasn't landed yet
It reads as an amendment to an existing law rather than a new policy, the number 90% has been publicly recommended since February 2024, and the gap between 'Commission recommends' and 'legally binding' is invisible to most coverage until the downstream enforcement fights begin.
What happens next
The European Commission now faces the same cascade that followed the 2030 target: a new round of 'Fit for 90' sectoral legislation revising the ETS, effort-sharing rules, transport standards, and agricultural emissions, probably beginning within 18 months, with each sectoral negotiation re-opening the fights that the four dissenting member states lost in the headline vote.
The catch
Poland, which formally opposed the regulation alongside Hungary, Slovakia, and the Czech Republic, will now pursue the same playbook that heavy-industry member states used after Fit for 55: lobbying for sector-specific derogations, extended phase-in periods, and free ETS allowances during the downstream implementing legislation, where the headline number is not relitigated but its practical teeth are.