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Le accise tra MOG, compliance e tassazione ambientale
La promozione di prodotti energetici con basso impatto ambientale, da fonti rinnovabili o prodotti a partire da processi di economia circolare oppure l’idrogeno, impone di considerare una serie di problematiche legate alle sanzioni, responsabilità della persona giuridica per reati e alla compliance aziendale. Per tale ragione, è opportuno seguire gli sviluppi normativi della legge 9 agosto 2023, n. 111 (Delega al Governo per la riforma fiscale), la quale, al secondo comma dell’articolo 20 “ Principi e criteri direttivi per la revisione del sistema sanzionatorio tributario, amministrativo e penale…” prevede che: “…Per il riordino del sistema sanzionatorio in materia di accisa e di altre imposte indirette sulla produzione e sui consumi …
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CBAM, reporting declarant and AEO: additional contribution for a better understanding
In order to complete our check of the relationships between the reporting declarant for CBAM and AEO we would recall that M.L. Schippers & W. de Wit in “Proposal for a Carbon Border Adjustment Mechanism” underlined that an AEO status helps and improves the CBAM fullfilment. Indeed, they wrote: “…As well as the establishment requirement, parties wanting to qualify as authorized declarants have to meet various other conditions, as shown by the information to be included with requests for registration (Article 5(3)). These include having an Economic Operators Registration and Identification (EORI) number and complying with conditions reminiscent of some of the conditions applying to parties wanting to be classified…
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Made in and the substantial working: the point of view of European Court of Justice
The European Court of Justice in its judgment C-Case C‑210/22 released on 21 September 2023 declares that, in the determination of the made in, apart the type of rule of origin for non-preferential origin calculation, it is important to check if a substantial transformation has been performed . Indeed, processing or working operations may still be substantial when that processing or working brings a clear qualitative change to the product. This a very interesting judgement that can provide support in the ongoing management of the AEO. The European legal framework is made by the following pillars: the Guidance on non-preferential rules of origin (March 2022) TAXUD; the regulations currently in force…
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CBAM and made in: some explanations
CBAM (carbon border adjustment mechanism) obligations require the good knowledge of the non-preferential origin. The first questions that can arise is: what is “non-preferential origin” or “made in”? The non-preferential origin is the economic nationality of a good; for istance: “made in EU, made USA”. In other words, the mentioned status is obtained where goods are “wholly obtained” in one country or, when two or more countries are involved in the manufacture of a product, origin is obtained where goods underwent their last, substantial, economically-justified processing or working, in an undertaking equipped for that purpose, resulting in the manufacture of a new product or representing an important stage of manufacture.…
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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…