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CBAM guidance for operators and installations outside the EU
As we know, since the 1 October 2023 is entered into force the Carbon Border Adjustment Mechanism – CBAM. By means of Guidance document on CBAM implementation for installation operators outside the EU, EU gives some suggestions to the operators of installations outside the European Union. In particular, the Guidance document on CBAM implementation for installation operators outside the EU provides some practical guidelines to the operation of installations outside the European Union. Question n.1 : Are you an operator of an installation producing “CBAM goods”? To answer, the operator has to check: a) the goods produced and exported to EU ( cement, iron and steel, aluminium and some chemical…
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CBAM and inwards processing relief: how to comply with
The Union Customs Code defines the customs regime “Inward processing” as the procedure for which a good is imported into the EU for processing with suspension of import duties and VAT. After the processing operations, the processed products or the original imported goods can then be either re-exported or released for free circulation in the EU. The latter would imply the obligation to pay import duty and taxes, as well as the application of commercial policy measures. According to “Guidance document on CBAM implementation for importers of goods into the EU “ this principle is extended to the CBAM, i.e. no obligation for reporting under the CBAM arises in this…
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CBAM and AEO: the workflow to comply with
The Guidance document on CBAM implementation for importers of goods into the EU shares the following workflow aiming to simply the operational aspects of the CBAM compliance: The importer (reporting declarant) receives CBAM goods from various installations, possibly from different countries outside the EU. For each import, the importer lodges the usual customs declaration. The customs authority of the relevant EU Member State checks and clears the import, as usual. The customs authority (or the IT system used) informs the European Commission (using the CBAM Transitional Registry) of this import. This information can then be used to check the completeness and accuracy of quarterly CBAM reports. The reporting declarant requests…
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CBAM: what needs to be reported by reporting declarants
During the transitional period, importers need to report on a quarterly basis the embedded emissions in goods imported during that quarter of a calendar year, detailing direct and indirect emissions as well as any carbon price effectively due abroad. The following information must be reported by importers in the CBAM report: The total quantity of each type of goods, expressed in megawatt hours (MWh) for electricity and in tonnes for other goods, specified per installation producing the goods in the country of origin (made in); The actual total embedded emissions, expressed in tonnes of CO2e emissions per MWh of electricity or for other goods in tonnes of CO2e emissions per…
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CBAM and definitions for a better understanding
The Guidance document on CBAM implementation for importers of goods into the EU confirms and provides with the following definitions: ‘tonne of CO2e’ means one metric tonne of carbon dioxide (‘CO2’), or an amount of any other greenhouse gas listed in Annex I adjusted to the equivalent global warming potential of CO2. ‘Direct emissions’ means emissions from the production processes of goods, including emissions from the production of heating and cooling consumed during the production processes, regardless of the location of the production of the heating and cooling. ‘Indirect emissions’ means emissions from the production of electricity, which is consumed during the production processes of goods, regardless of the location…
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CBAM: What needs to be monitored by operators
TheGuidance document on CBAM implementation for importers of goods into the EU informs that the first element is the monitoring of direct emissions of the installation. Whenever an installation produces several different products, the emissions must also be appropriately attributed to the individual products. This non binding document adds that must be reported also the embedded emissions of the precursor materials. Where operators purchase precursors, they need to obtain data on the embedded emissions of precursor materials used in the production of the CBAM goods from the supplier of these precursors. The following information must be reported by importers in the CBAM report: The total quantity of each type of…
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Are you ready for the CBAM? Some guidelines from EU Commission
From 1 October 2023 are you ready for the EU’s Carbon Border Adjustment Mechanism – CBAM? Please read our analisys of the EU Commissions’s: Guidance document on CBAM implementation for importers of goods into the EU; Guidance document on CBAM implementation for installation operators outside the EU. The “Guidance document on CBAM implementation for importers of goods into the EU” establishes that the Carbon Border Adjustment Mechanism (CBAM) is an environmental policy instrument designed to support the EU climate ambitions of achieving a net reduction of greenhouse gas (GHG) emissions of at least 55% by 2030 and of reaching climate neutrality by 2050 at the latest. As already explained by…
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Reporting declarant, tra CBAM, AEO e proporzionalità delle sanzioni: alcune considerazioni
Il 17 agosto 2023, la Commissione europea, dopo aver concluso una consultazione pubblica, ha pubblicato la “regulation draft C(2023) 5512” recante le disposizioni attuative del “carbon border adjustment mechanism” e delle obbligazioni relative al suo “periodo transitorio” previste dal regolamento 2023/956 del 10 maggio 2023 che istituisce un meccanismo di adeguamento del carbonio alle frontiere. Nella suddetta bozza merita un’attenzione particolare l’articolo 16 “penalties” sulle sanzioni e sulle modalità di applicazione delle stesse. Tale disposizione, nel primo comma, tipizza le condotte da sanzionare per cui : “…Member States shall apply penalties in the following cases: (a) where the reporting declarant has not taken the necessary steps to comply with the…
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Confindustria MOG 231 e ozono: compliance
Le linee Guida di Confindustria sulla costruzione dei Modelli di Organizzazione, Gestione e Controllo (edizione 2021): prevedono che il MOG (modello organizzazione e gestione) richiesto dal Decreto legislativo n.231/2021 si estende anche alla “Gestione delle sostanze lesive dell’ozono” (articolo 3 legge 549/1993); Suggeriscono di stabilire modalità e criteri per: il censimento degli asset contenenti sostanze lesive dell’ozono e la definizione del relativo piano dei controlli manutentivi e/o di cessazione dell’utilizzo e dismissione dell’asset, secondo quanto previsto dalla normativa vigente; le verifiche periodiche di rispetto del piano ed attivazione di azioni risolutive in caso di mancato rispetto. La gestione dei beni contenti sostanze che danneggiano l’ozono (frigoriferi, condizionatori, ecc) riguarda sia…
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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…