CBAM and penalties

The article 16 of the document draft Ares(2023)4079551 will provide the cases where a penalty is imposed  “…(a) the reporting declarant has not taken the necessary steps to comply with the obligation to submit a CBAM report, or   (b) the reporting declarant has not taken the necessary steps to correct the CBAM report to comply with the obligations…”.

The amount of the penalty, for each tonne of unreported embedded emissions shall be between EUR 10 and EUR 50.

Moreover, the penalty can increase in accordance with the European index of consumer prices; in parallel, the national competent authorities may determine the exact amount based on the following criteria: “…(a)            the extent of unreported information; (b)     the unreported quantities of imported goods and the unreported emissions relating to those goods; (c) the readiness of the reporting declarant to comply with request for information or correct the CBAM report;  (c)     (d) the intentional or negligent behaviour of the reporting declarant; (e)          the past behaviour of the reporting declarant as regards compliance with the reporting obligation; (f)         the level of cooperation of the reporting declarant to bring the infringement to an end; (g)      whether the reporting declarant has voluntarily taken measures to ensure that similar infringement cannot be committed in the future…”.

The trade compliance obligations related to CBAM require the AEO approach: monitoring of internal processes, reporting, KPI, high knowledge of the customs regulations, ongoing risk assessment. The AEO authorization is based on the following pillars: classification, value and origin. These areas are monitored from the self assessment questionnaire.