in force 2025-10-20 MODIFIED+877 −115§
Amended by Regulation (EU) 2025/2083 32025R2083
applies from: unchanged
The annual surrender deadline in paragraph 1 changes from 31 May to 30 September.
Paragraph 2 lowers the quarterly coverage requirement from at least 80% to at least 50% of embedded emissions, starting from 2027, and now allows that percentage to be determined either by default values without the mark-up referred to in Annex IV point 4.1, or by the number of certificates surrendered for the preceding calendar year where the customs declaration matches the CN code and country of origin of the prior CBAM declaration, with the free allocation adjustment under Article 31 to be taken into account.
A new paragraph 2a is added stating that the authorised CBAM declarant complies with the paragraph 2 obligation by the end of the quarter following the one in which the single mass-based threshold is exceeded.
Cited: Art. 22, v2
text before / after
32023R0956 → 02023R0956-20251020
Article 22
Surrender of CBAM certificates
1. By 31 May 30 September of each year, and for the first time in 2027 for the year 2026, the authorised CBAM declarant shall surrender via the CBAM registry a number of CBAM certificates that corresponds to the embedded emissions declared in accordance with Article 6(2), point (c), and verified in accordance with Article 8, for the calendar year preceding the surrender. The Commission shall remove surrendered CBAM certificates from the CBAM registry. The authorised CBAM declarant shall ensure that the required number of CBAM certificates is available on its account in the CBAM registry.
2. The From 2027, the authorised CBAM declarant shall ensure that the number of CBAM certificates on its account in the CBAM registry at the end of each quarter corresponds to at least 80 50 % of the embedded emissions, determined by reference to default values in accordance with the methods set out in Annex IV, emissions in all goods it has imported since the beginning of the calendar year determined by reference to either of the following:
(a) default values in accordance with the methods set out in Annex IV without the mark-up as referred to in point 4.1 of that Annex; or
(b) the number of CBAM certificates surrendered in accordance with paragraph 1 for the calendar year preceding the year of the surrender, provided that the customs declaration for the import of goods refers to the same goods by CN code and countries of origin as the CBAM declaration submitted in the calendar year preceding the current year.
For the purpose of this paragraph, the adjustment for free allocation referred to in Article 31 shall be taken into account.
2a. The authorised CBAM declarant shall comply with the obligation laid down in paragraph 2 by the end of the quarter following that in which the single mass-based threshold is exceeded.
3. Where the Commission finds that the number of CBAM certificates in the account of an authorised CBAM declarant does not comply with the obligations pursuant to paragraph 2, it shall inform, via the CBAM registry, the competent authority of the Member State where the authorised CBAM declarant is established.
The competent authority shall notify the authorised CBAM declarant of the need to ensure a sufficient number of CBAM certificates in its account within one month of such notification.
The competent authority shall register the notification to, and the response from, the authorised CBAM declarant in the CBAM registry.