CBAMWorks

CBAM penalties: what happens if you don't comply

Fines for missing or under-reported CBAM certificates, late declarations and incorrect data. Plus the practical difference between error and evasion.

Published 19/10/2026 · Facts checked on 2026-10-18

Answer box

CBAM penalties apply when a declarant fails to surrender enough certificates or fails to file on time. The core penalty mirrors the EU ETS structure: a fine per tonne of missing or under-reported CO₂-equivalent, with the exact amount set at EU level and applied by national competent authorities. Separate penalties apply for non-authorised importers that import in-scope goods.

Penalty categories

  • Missing certificates: fine per tonne of CO₂e not covered by surrendered certificates. The declarant still has to surrender the missing certificates.
  • Non-authorised import: importing CBAM-scope goods without being an authorised declarant.
  • Incorrect / incomplete data: separate category; typically remediable.
  • Repeat offenders: escalation at national level.

Error vs. evasion

  • An honest error flagged by the declarant and corrected is treated differently from systematic under-reporting. Verifier opinions and audit trails matter for showing good faith.
  • Audit trail — every number tied to its bill, meter reading or production log — is what makes “we had the wrong figure but here’s the evidence trail” a defensible position.

How to avoid penalties

  1. Register as declarant in good time (don’t wait until September 2027).
  2. Verify actuals where you claim them. Qualified verifier opinions are not enough.
  3. Over-collect data. Store evidence even where you use defaults.
  4. File on time — the 30 September deadline is hard.
  5. Buy certificates with a buffer; the first annual settlement needs cash to be ready.