EU importers of electricity, including those purchasing power across Serbia and neighbouring markets, are required to account for embedded emissions and surrender CBAM certificates under the definitive regime that starts on 1 January 2026. The first annual declaration and certificate surrender for electricity imported in 2026 is due by 30 September 2027, according to the European Commission’s electricity-specific CBAM FAQ and information on the definitive regime. The requirements are also referenced alongside Regulation (EU) 2025/2083 and an OECD customs implementation analysis dated October 2026.
Electricity is treated as a covered imported good for CBAM purposes. Importers cannot rely on the general 50-tonne de minimis exemption that applies to certain other CBAM goods. The mass-based threshold does not permit smaller electricity transactions to be excluded, so obligations tied to customs declarations, carbon-accounting methodology and certificate surrender remain relevant for covered imports.
Who acts as CBAM declarant for electricity imports
The identification of an authorised CBAM declarant depends on how import capacity is allocated and declared. In general, the importer is the declarant, or an eligible indirect customs representative may assume the applicable obligations. Where electricity import capacity is explicitly allocated and qualifying conditions are met, the entity allocated and nominating that capacity, and declaring the import to customs, is considered an authorised CBAM declarant without a separate authorisation application.
Embedded emissions rules for cross-border power flows
Electricity flows through interconnected networks, meaning commercial transactions, scheduled deliveries and physical power flows can diverge from a simple bilateral shipment. Under the customs and carbon rules, importers are required to coordinate commercial contracts, transmission arrangements and customs declarations. Importers must account for embedded emissions and surrender corresponding certificates under the applicable framework.
For power produced in one non-EU country, traded through another and then brought into the EU, the CBAM country of origin is the country of production rather than automatically the intermediate trading country. Electricity entering and leaving the EU under an applicable customs transit procedure without being released for free circulation is not treated in the same way as electricity imported for EU consumption.
Importers reporting actual emissions instead of default values must meet eligibility requirements set out under the rules. Claims require contractual evidence, production and metering records, transmission nominations and independent verification. Documentation must substantiate both quantities and time periods covered by the reported emissions.
A renewable electricity certificate or a contract describing power as green is not sufficient on its own to demonstrate compliance with every condition needed to use actual emissions. Importers also need their CBAM emissions information to match the relevant electricity imports. The reference materials state that records must withstand regulatory scrutiny by reconciling customs declarations with electricity-scheduling data, generation information and contractual obligations.
An OECD customs implementation analysis dated October 2026 is cited among references relevant to the customs dimension of these requirements. The same materials highlight that importers’ documentation needs to align with both carbon reporting expectations and customs declaration details.
Certificate timing, contract allocation of costs, and regional implications
Purchases of certificates for 2026 electricity imports begin in February 2027, ahead of the annual declaration and surrender deadline. The period between imports and certificate settlement creates regulatory exposure before settlement is completed. Electricity contracts are therefore expected to address financing for future purchases, carbon-related price adjustments, and responsibility for obtaining emissions information.
The legal declarant and the party bearing the cost can be different under contract arrangements. An EU trader may be responsible for the CBAM declaration while a generator, intermediary or industrial customer assumes carbon-related financial costs under contract terms. Steelworks, aluminium manufacturers, cement producers and other electricity-intensive EU consumers buying imported power may therefore face CBAM-related costs even when they are not the declarant.
The requirements apply to electricity transactions involving Serbia, Montenegro and neighbouring EU markets where power can be sold through multiple counterparties and cross-border trading arrangements. Western Balkan exporters have a commercial incentive to provide EU counterparties with clear, reliable and independently verifiable electricity documentation. Competitive positioning in cross-border trading is described as increasingly linked to documenting what was imported, where it was generated, which entity bears the carbon obligation, and the price and origin of the power.
As the first annual compliance deadline approaches in 2027, CBAM responsibilities are expected to appear more prominently in electricity procurement across Southeast Europe. Importers’ arrangements are described as needing to cover both the identity of the declarant and evidence supporting emissions reported for each relevant import.