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CBAM Belgium
The competent autority for the enforcement of CBAM( carbon borders adjustment mechanism)/MACF (mécanisme d’ajustement carbone aux frontières) is the “Service public fédéral Santé Publique, Sécurité de la chaîne alimentaire et Environnement – Direc-tion générale de l’Environnement (service Changements Climatiques)” .
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CBAM and Malta
The Competent Authority for the management of CBAM (carbon borders adjustment mechanism) in Malta is the Malta Resources Authority (MRA). Therefore, importers and indirect customs representatives shall be notified, via the appropriate customs systems, of the reporting obligations due during the transitional period.
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CBAM Finland
The Finnish customs authority is the competent office for the management of the obligations related to the carbon border adjustment mechanism. Moreover the Finnish Ministry of Economic Affairs and Employment has appointed a working group with a term from 23 January 2023 to 31 December 2024. The group will deal with the organisation of the necessary administration and the needs to amend legislation, as well as any detailed regulations on the matter from the EU.
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CBAM guide provided by French Department of Ecology
The French Department of Ecology released and interesting and complete guide of CBAM compliance. The CBAM (in French: MACF mécanisme d’ajustement carbone aux frontières ) is a new form of trade compliance to be encompassed within the AEO approach.
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CBAM Sweden Tax Customs Department
The Swedish Tax and Customs Department in its presentation of July 2023 undelined that the CBAM (carbon border adjsutment mechanism) will be enforced with “…Secondary legislation – supplement framework Adopted by EU Commission based on empowerments in CBAM Regulation, prepared by CBAM Committee (Member States Representatives) and stakeholder views; 12 implementing acts, to ensure detailed uniform application One on methods for reporting during transitional period; as soon as possible (July 2023); 11 others (sufficiently prior to 1 January 2026) 4 delegated acts – reflect certain developments E.g. circumvention, adding countries to list of countries excluded from CBAM fulfilling certain criteria, such as linking to EU ETS…”
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Energia elettrica, tassazione ambientale, fonti rinnovabili e delega fiscale
La tassazione ambientale dell’elettricità e dei prodotti energetici ha ricevuto un altro interessante contributo da parte della Corte di giustizia dell’UE la quale, con la sua Sezione V nella sentenza C-833/21 del 23 giugno 2023 ha affermato che: “…una normativa nazionale che prevede la tassazione del carbone utilizzato per la produzione di elettricità soddisfa la condizione contenuta in tale disposizione, secondo cui l’imposta deve essere istituita «per motivi di politica ambientale», qualora esista un nesso diretto tra l’impiego del gettito della tassazione in questione e la sua finalità o qualora tale imposta, senza perseguire una finalità puramente di bilancio, sia concepita, per quanto riguarda la sua struttura, in particolare la…
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The next challenge of AEO: deforestation and CBAM
Environment protection is one of the key factor of the European trade policy. This requires a strong due diligence for the import of relevant commodities and the export of relevant product to prevent deforestation and forest degradation linked to cattle, cocoa, coffee, oil palm, rubber, soya and wood trade and deployment. From the other side, from October 2023 the reporting required by the Carbon border adjustment mechanism will enter into force for the import of cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. CBAM implies a good management of the following customs aspects required for the AEO: The customs classification will play an important role to well identify the…
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The ESG key legislative developments: deforestation, CBAM
ESG (environmental, social and corporate governance) is the new approach of the European trade compliance policies and is a business framework for considering environmental issues and social issues in the context of corporate governance. This means that businesses must seek greater visibility of their suppliers’ operations and ensure certain environmental, human rights and governance safeguards, including driving ESG commitments into their supply contracts. The key pieces of legislation introduced are: deforestation risks: EU Deforestation Regulation (EUDR) requires extensive due diligence obligations on the value chain for all operators and traders dealing with certain products derived from cattle, cocoa, coffee, oil palm, rubber, soya and wood. It is important to ensure…
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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…
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CBAM and carbon price paid
The reporting declarant has to provide in the CBAM report the following information regarding the carbon price paid in a country of origin for the embedded emissions: (a) form of carbon price; (b) the country of origin; (c) any rebate or other form of compensation available in the country that would have resulted in a reduction of that carbon price; (d) indication of the provision of a legal act providing for the carbon price, rebate, or other forms of relevant compensation, including a copy of the provision; (e) type of product indicated by CN code; (f) quantity of embedded emissions covered by the carbon price; (g) quantity of embedded emissions…