EU ETS Excess Emissions Penalty
The EU ETS excess emissions penalty: EUR 100 per tonne of CO2e not covered by surrendered allowances under Article 16(3) of Directive 2003/87/EC, indexed.
The EU ETS excess emissions penalty is the fixed sanction in Article 16(3) of Directive 2003/87/EC: EUR 100 for each tonne of carbon dioxide equivalent emitted for which an operator, aircraft operator or, under Article 16(3a), a shipping company has not surrendered allowances by 30 September. Article 16(4) indexes the amount to the European index of consumer prices, and payment does not release the obligation to surrender the missing allowances.
The full article will cover the national indexation of the amount (Germany publishes EUR 135.31 per tonne for reporting year 2025 on a 2012 reference year), the Court of Justice rulings in C-203/12 Billerud Karlsborg and C-148/14 Nordzucker, and how the penalty fits into EU ETS enforcement for shipping .