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CBAM update questions & answers 19 July 2024
EU Commission on 19 July 2024 published the update version of the FAQ on CBAM. We list below the new questions and answers. Answers updated 16, 18, 19, 26, 27, 35, 38, 48, 56, 60, 74, 87, 96, 99, 104, 106, 110, 114, 121, 123; Questions added 24, 30, 34, 65, 72, 103, 109, 116, 125. For the readers’convenience there is below the list of the HS code of goods which fall under CBAM regulation. Cement (25070080 – Kaolin and other kaolinic clays, calcined; 25231000 – Cement clinkers; 252321 00 – White Portland cement, whether or not artificially coloured; 25232900 – Other Portland cement; 25233000 – Aluminous cement; 25239000…
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CBAM: from July 2024 no default value
The countdown for the phase of CBAM is going ahead: from July 2024 it is not possible make CBAM reporting with default value. Indeed, as EU Commission explained: “… During the three first quarterly reports (Q4 of 2023 and Q1&2 of 2024), declarants may report embedded emission based on default values made available and published by the European Commission without quantitative limit; From Q3 of 2024 and until the end of 2025, declarants can still report emissions based on estimations but only for complex goods and with a limit of 20% of the total embedded emissions. Using default values would qualify as ‘estimation’….”. It is interesting to recall that CBAM…
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Informal Expert Group on the CBAM: the presentation
The presentation made by the Informal Expert Group on the CBAM [ TAXUD-CBAM-EXPERT-GROUPS@ec.europa.eu ]at its 1st Meeting held on 23 April 2024 lists that the criteria for the CBAM application which are: “• Name, address and contact information; • EORI number; • Main economic activity carried out in the Union; • Certification by the tax authority in the Member State where the applicant is established that the applicant is not subject to an outstanding recovery order for national tax debts; • Declaration of honour that the applicant was not involved in any serious infringements or repeated infringements of customs legislation, taxation rules or market abuse rules during the five years…
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CBAM: a practical summary of what you need to take into consideration
The presentation provided by the French Department for Ecology on CBAM gives the occasion to summarize the guidelines of CBAM implementation inside the economic operators. As Andrea Zanon said “…What is clear, however, is that CBAM is a game-changer, and it is very likey to reshape global trade forcing nations to confront the urgent challenges of climate change mitigation and adaptation. As the world adjust to this clean tech influence policies, the stakes have never been higher…” It is a game-changer which should be managed by the economic operators with a customs compliance /AEO approach. To streamline the regulation about carbon border adjustment mechanism it is possible to say that…
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Guida OECD sul dovere di diligenza per la condotta d’impresa responsabile (Responsible Business conduct o RBC)
L’approfondimento di tematiche come la customs compliance AEO, modello di gestione ex D.lgs 231/2001, materie prime strategiche, CBAM, due diligence in materia di deforestazione ed impoverimento delle foreste, suggerisce di tenere in seria considerazione la guida sul dovere di diligenza per la condotta d’impresa responsabile dell’OECD la quale mira a “…offrire…un supporto pratico volto all’implementazione delle Linee guida OCSE destinate alle imprese multinazionali, usando un linguaggio semplice per spiegare le raccomandazioni sul dovere di diligenza e le relative disposizioni…”. Tale diligenza rappresenta l’ossatura della condotta d’impresa responsabile (Responsible Business conduct o RBC) Si rivolge, in particolare, alle seguenti categorie di soggetti: Tutte le imprese multinazionali, a prescindere dalla struttura proprietaria,…
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CBAM, updated frequently questions and answer for a compliance check
On 28 February 2024 the European Commission published the new CBAM frequently questions & answers (FAQ) which modify the points n. 10, 12, 27, 28, 30, 44, 50, 56, 68, 91, 92, 99 of their last version. In particular, the new point n.10: QUESTION N.10: “Does the CBAM apply to ‘returned goods’? ANSWER N.10: “Returned goods are goods defined in Article 203 of the Union Customs Code (Regulation (EU) No 952/2013). They are goods that are released for free circulation and benefit from duty exemption because they were Union goods before, either because they have originally been exported as Union goods or because they were previously released for free circulation,…
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The legal nature of AEO between circular economy, compliance and environment protection
The AEO status represents an accidental and non-mandatory element of the customs obligation. This is given by the authorization which is the unique customs decision able to “defining and qualifying” its owner. Indeed, in this way the economic operator becomes reliable within the context of a participatory cooperation relationship with the customs administration. The AEO authorization is an administrative deed released by the national customs entity/bodies in accordance with the EU regulations. This is valid throughout the EU customs territory and, if a mutual recognition agreement is valid, also with third countries; furthermore, despite being regulated in customs regulatory acts, it is important to highlight that it constitutes an authorization…
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CBAM questions & answers: last updated on 31 January 2024
On 31 January 2024 EU Commission published the last version of “ Carbon Border Adjustment Mechanism (CBAM) Questions and Answers” already released on the 23 January. In particular, the new topics are: QUESTION n.11. Does the CBAM apply to packaging? ANSWER: “…The CBAM reporting obligation applies if the CN code of the packaging is given in the customs declaration and is covered by Annex I to the CBAM Regulation…” QUESTION 12: Does the CBAM apply to goods produced in EU outermost regions, such as Mayotte or La Reunion? ANSWER: “….The CBAM Regulation applies only to CBAM goods originating in third countries and imported into the customs territory of the Union.…
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CBAM, new deadline for “request delayed submission”
The European Commission, on 29 January 2024 informed that: “…This is due to an incident involving a technical component affecting several EU customs systems, including ICS2, and the functioning of the CBAM Registry. To offer a pro-active approach to help businesses who have experienced problems, the Commission has put in place solutions for reporting declarants. To facilitate reporting declarants who may have experienced difficulties in reporting and have not yet submitted their quarterly CBAM report, a new functionality will be made available as of 1 February on the Transitional Registry, allowing them to “request delayed submission”, giving an additional 30 days to submit their CBAM report…” Indeed, “…In accordance with…
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CBAM: questions and answers from EU Commission
EU Commission on 23 January 2024 updated its “ Carbon Border Adjustment Mechanism (CBAM) Questions and Answers” and checks the following points: General topics about the CBAM; Reporting aspects, responsabilities, procedures and general issues related; The transitional registry; Methodology for calculationg embedded emission in CBAM goods (cement,fertilizer, electricity, hydrogen, iron, steel, aluminum/steel) Customs and CBAM. Definitve period. For what is concerning, the customs implications of CBAM, the “ Carbon Border Adjustment Mechanism (CBAM) Questions and Answers” provides with the following answers: QUESTION: Can an importer use different customs representatives for the customs declaration and the CBAM reporting? As regards the reporting requirements applicable during the transitional period, the CBAM Regulation…