EU: Carbon border adjustment mechanism (CBAM) certificates – sale and repurchase 

 

The EU Commission has published a draft delegated regulation as regards the conditions for selling and repurchasing CBAM certificates through a common central platform following a joint procurement procedure between Member States and the Commission. 

Context of the measure: 

Regulation (EU) 2023/956 established the Carbon Border Adjustment Mechanism (CBAM) to address the risk of carbon leakage by placing a carbon price on greenhouse gas emissions embedded in certain imported goods. The mechanism aims to create a level playing field between EU and non-EU producers while encouraging global emissions reductions. 

The Regulation was amended by Regulation (EU) 2025/2083, which introduced a range of simplification measures and cost-efficient improvements without altering the core objectives or design of CBAM. The amendments, applicable from the start of the definitive CBAM regime in 2026, reduce administrative burdens for businesses while strengthening the system through enhanced monitoring and anti-abuse measures. 

From February 2027, authorised CBAM declarants will be required to purchase CBAM certificates from the Member State in which they are established in order to meet their reporting obligations. 

Article 20 of Regulation (EU) 2023/956 provides for the sale and repurchase of CBAM certificates through a common central platform, which will be established and managed by the European Commission following a joint procurement procedure with the Member States. A joint procurement agreement between the Commission and all Member States entered into force on 16 December 2025. 

The Regulation also empowers the European Commission to adopt implementing rules governing the operation of the common central platform, including the timing and administration of certificate sales and repurchases, the fee structure, and other operational aspects. These rules are intended to ensure consistency with Commission Delegated Regulation (EU) 2023/2830, promote cost-efficient operation of the platform, ensure that fees only recover the costs incurred, and minimise unnecessary administrative burdens.