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FAQ, CBAM and French Customs: an interesting update
The French Customs published its “frequently questions & aswers” about the following points: Import/export of packaging: “ …Nomenclatures 7310 and 7612 are included in Annex 1 of the CBAMregulation. When this packaging is released for free circulation, it is covered by the CBAM. When this packaging is intended to be re-exported, it can benefit from the temporary admission regime which is not a customs regime subject to the CBAM…”; Freight: “…The threshold of €150 per shipment excludes customs-cleared shipments with Delta H7. In contrast, express freight shipments cleared through Delta X and Delta G are covered by the CBAM. Customs regime: “The CBAM is applicable to all procedures giving rise…
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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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Biodiesel HVO, dogane svizzere
La normativa svizzera delle accise prevede che i biodiesel FAME e l’HVO: Non siano assoggettati alla tassazione per gli olii minerali; Siano esonerati dalla tassazione sulla CO2; a condizione che siano venduti nel territorio elvetico puri per la combustione. Infatti, la nota del Dipartimento federale delle finanze DFF svizzere n. 322.53-4-1-0004 del febbrario 2023 ha previsto che: “…biocombustibili puri non sono soggetti né alla Legge federale del 21 giugno 1996 sull’imposizione degli oli minerali (LIOm; RS 641.61) né alla Legge del 23 dicembre 2011 sul CO 2 (RS 641.71), a condizione che siano utilizzati come combustibili…”.
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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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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…
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CBAM, inward processing relief and CBAM report
The draft [Document Ares(2023)4079551] of a regulation “…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…” lays down the following data about the goods placed under inward processing (Article 257 of UCC) must be contained in the CBAM report: “… (a) the quantities of goods listed in Annex I to Regulation (EU) 2023/956 that have been released for free circulation following inward processing during that period; (b) embedded emissions corresponding to these quantities of goods listed in Annex I to Regulation (EU) 2023/956…
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CBAM: how calculate the emission
The draft [Document Ares(2023)4079551] of a regulation “…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…” states that the level of embedded emissions has to be calculated using one of the following methods: (a) determining emissions from source streams on the basis of activity data obtained by means of measurement systems and additional parameters 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…
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CBAM rules of application, reporting obligation and transitional period: a short check of the draft
It is available the draft [Document Ares(2023)4079551] of a regulation “…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…”. This document lays down that Each reporting declarant shall provide the following information: the quantity of the goods imported, expressed in megawatt hours for electricity and in tonnes for other goods; the type of goods as identified by their CN code., the country of origin of the imported goods; the installation where it was produced, identified by the following data: the applicable United Nations…
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CBAM some customs implications
As already indicated, on October 2023 will partially enter into force the CBAM (carbon border adjustment mechanism), according to article 36 paragraph 3 of the “Proposal for a regulation of the European Parliament and of the Council establishing a carbon border adjustement mechanism (COM(2021)0564 – C9-0328/2021 – 2021/0214(COD))” published on 8.02.2023 for which“…(a) Articles 5 and 17 shall apply from 31 December 2024. (b) Articles 2(2), 4, 6, 7, 8, 9, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 31 shall apply from 1 January 2026. (c) Articles 33, 34 and 35(1), (2), (3), (4), (6) and (7) shall apply until 31 December 2025…”. From a customs point of…