in force 2025-10-20 MODIFIED+628 −44§
Amended by Regulation (EU) 2025/2083 32025R2083
applies from: unchanged
The deadline for an authorised CBAM declarant to submit a repurchase request has been changed from 30 June to 31 October of each year during which CBAM certificates were surrendered.
The cap on the number of certificates subject to repurchase has changed from one third of the total certificates purchased in the previous calendar year to the total number of certificates the declarant had an obligation to purchase under Article 22(2) during the calendar year of purchase, and a new provision states that certificates purchased on the basis of an expectation of exceeding the single mass-based threshold that is not exceeded shall all be repurchased upon request.
A new paragraph 2a has been added stating that, by way of derogation from paragraph 2, CBAM certificates purchased in 2027 for embedded emissions for the year 2026 may only be repurchased in 2027.
Cited: Art. 23, v1 · Art. 23, v2
text before / after
32023R0956 → 02023R0956-20251020
Article 23
Repurchase of CBAM certificates
1. Where an authorised CBAM declarant so requests, the Member State where that authorised CBAM declarant is established shall repurchase the excess CBAM certificates remaining on the account of the declarant in the CBAM registry after the certificates have been surrendered in accordance with Article 22.
The Commission shall repurchase the excess CBAM certificates through the common central platform referred to in Article 20 on behalf of the Member State where the authorised CBAM declarant is established. The authorised CBAM declarant shall submit the repurchase request by 30 June 31 October of each year during which CBAM certificates were surrendered.
2. The number of CBAM certificates subject to repurchase as referred to in paragraph 1 shall be limited to one third of the total number of CBAM certificates purchased by that the authorised CBAM declarant had an obligation to purchase pursuant to Article 22(2) during the previous calendar year. year of the purchase of the CBAM certificates.
Where an authorised CBAM declarant who has been purchasing CBAM certificates in a calendar year on the basis of an expectation of exceeding the single mass-based threshold does not exceed such a threshold, all those CBAM certificates shall be repurchased upon request of the authorised CBAM declarant pursuant to paragraph 1 of this Article.
2a. By way of derogation from paragraph 2, CBAM certificates purchased in 2027 in respect of the embedded emissions for the year 2026 may only be repurchased in 2027.
3. The repurchase price for each CBAM certificate shall be the price paid by the authorised CBAM declarant for that certificate at the time of purchase.