-
CBAM transitional registry
The regulation draft C(2023) 5512 final “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…”clarifies that the CBAM Transitional Registry will consist of the following common components: (a) the CBAM Trader Portal (CBAM TP); (b) the CBAM Competent Authorities Portal (CBAM CAP) with two segregated spaces: (1) one for the National Competent Authorities (CBAM CAP/N) and; (2) another for the Commission (CBAM CAP/C); (c) the CBAM User Access Management; (d) the CBAM Registry Back End Services (CBAM BE); (e) the public CBAM page…
-
CBAM, sanctions and AEO
The regulation draft C(2023) 5512 final “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” provides with the regulations for sanctions related to CBAM transitional register regulation. In particular, it lays down that “member States shall apply penalties in the following cases: (a) where the reporting declarant has not taken the necessary steps to comply with the obligation to submit a CBAM report, or (b) where the CBAM report is incorrect or incomplete in accordance with Article 13, and the reporting declarant has…
-
CBAM transitional registry submission: timeline of obligations for reporting declarant
The regulation draft C(2023) 5512 final “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” in its article n.8 lays down that For each quarter from 1 October 2023 until 31 December 2025 the reporting declarant has to submit the CBAM reports to the CBAM Transitional Registry no later than one month after the end of that quarter; In the CBAM Transitional Registry the reporting declarant has to provide information and indicate, whether: (a) the CBAM report is submitted by an importer in…
-
CBAM, inwards processing and reporting declarant
For the goods placed under inward processing relief (IPR) and subsequently released for free circulation either as the same goods or as processed products, the reporting declarant submits in the CBAM reports the following data: quantity of goods; embedded emissions; coutry of origin; quantity of goods under IPR These data are, partially, covered by the AEO self assessment questionnaire.
-
CBAM and calculation of embedded emissions: how to do it
The regulation draft about the management of the CBAM reporting obligations, lays down that the reporting declarant , for the calculation of embedded emissions, has to followo up one of the two methods: a) determining emissions from source streams on the basis of activity data obtained by means of measurement systems and calculation factors from laboratory analyses or standard values; (b) determining emissions from emission sources by means of continuous measurement of the concentration of the relevant greenhouse gas in the flue gas and of the flue gas flow. The tasks of the reporting declarant are part of the trade compliance on which relies the reliability of the AEO companies.
-
AEO, CBAM and embedded indirect emissions
The regulation draft C(2023) 5512 final “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…” about the embedded indirect emissions lays down that it is required to indicate: a) electricity consumption, expressed in megawatt hours, of the production process per tonne of goods produced; (b) actual emissions or default values made available and published by the Commission for the transitional period; (c) the corresponding emissions factor of the electricity consumed; (d) the amount of specific embedded indirect emissions
-
CBAM obligations for reporting declarant
The reporting declarant-for CBAM purposes- has to provide the following data: the quantity of the goods imported; the type of goods as identified by their CN code; country of origin; firm where the goods where manufactured; UN/LOCODE; Company name of manufacturer; Geografical coordinates Emission source; technology used for the production of the goods; the specific embedded direct emissions of the goods; For electricity as imported goods, the reporting declarant shall report the following information: the emission factor used for electricity; the data source or method used for determining the emission factor of electricity; For steel goods it is required the identification number of the specific steel mill where a particular…
-
CBAM the definitions
On 17 August 2023 the EU Commission published the regulation draft C(2023) 5512 final “…laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period…”. It gives the following definitions: ‘reporting declarant’ means any of the following persons: (a) the importer who lodges a customs declaration; (b) the person, holding an authorisation to lodge a customs declaration; (c) the indirect customs representative. “rebate’ means any amount that reduces the amount due or paid by a person liable for the payment of a carbon price.
-
AEO, trusted trader and circular economy
In this article we examine the latest publication of circulareconomy.earth (Chatham House) “Supply chain traceability and transparency for a global circular economy” where it is underlined that: the tracking and sharing of product information throughout its entire life cycle, holds tremendous significance in the global circular economy. Circular related product information means allows: regulators to more easily verify that certain products comply with eco-design requirements by ensuring provenance and the authenticity of products and the materials used to make those products; facilitate and regulate transboundary trade of circular trade flows; repair, remanufacturing and recycling services to view an accurate breakdown of the material composition of the product thereby informing them…
-
AEO, proporzionalità, sanzioni e riforma Leo
La legge sulla delega fiscale, approvata il 4 agosto 2023 prevede che il Governo adotti entro 24 mesi, uno o più decreti legislativi recanti la revisione del sistema tributario nel e doganale rispetto dei principi costituzionali, nonché del diritto dell’Unione europea e internazionale; l’8 agosto 2023 è stato istituito il comitato tecnico e i sottocomitati specifici per settori e imposte. In ambito doganale, rivestirà un ruolo importante il nuovo inquadramento delle sanzioni amministrative doganali che dovranno essere sempre più basate sul principio di proporzionalità per cui l’articolo 42 del regolamento 2013/952 prevede che: “Ciascuno Stato membro prevede sanzioni applicabili in caso di violazione della normativa doganale. Tali sanzioni devono essere…