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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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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: 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…
- accise e imposte di consumo, circular economy, compliance e AEO, energie rinnovabili, free trade agreement
EU-Chile modernized free trade agreement
On 4 December 2023, the European Council adopted: Advanced Framework Agreement (AFA) about: health, the environment, climate change, ocean governance, energy, tax, education and culture, labour, employment and social affairs, science and technology and transport; interim Trade Agreement (iTA) on raw materials and clean fuel such as lithium, copper and hydrogen, which are crucial for the transition to the green economy. Both the agreements with Chile constitute an updated version of the EU-Chile Association Agreement currently in place. Nadia Calviño declared: “…The EU-Chile Trade Agreement will reinforce the EU’s open strategic autonomy and economic security, strengthening the resilience of supply chains and diversifying imports of key inputs for the green…
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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: 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: 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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AEO, CBAM and embedded indirect emissions
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…” about the embedded indirect emissions lays down that it is required to indicate: a) electricity consumption, expressed in megawatt hours, of the production process per tonne of goods produced; (b) actual emissions or default values made available and published by the Commission for the transitional period; (c) the corresponding emissions factor of the electricity consumed; (d) the amount of specific embedded indirect emissions
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CBAM obligations for reporting declarant
The reporting declarant-for CBAM purposes- has to provide the following data: the quantity of the goods imported; the type of goods as identified by their CN code; country of origin; firm where the goods where manufactured; UN/LOCODE; Company name of manufacturer; Geografical coordinates Emission source; technology used for the production of the goods; the specific embedded direct emissions of the goods; For electricity as imported goods, the reporting declarant shall report the following information: the emission factor used for electricity; the data source or method used for determining the emission factor of electricity; For steel goods it is required the identification number of the specific steel mill where a particular…
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Excises, environmental taxation, power generation
The environmental taxation of electricity (power generation) and energy products has received another interesting contribution from the Court of Justice of the EU which, with its Section V in the judgment C-833/21 of 23 June 2023 stated that: “… national legislation providing for the taxation of coal used for the production of electricity satisfies the condition contained in that provision, according to which the tax must be introduced for reasons of environmental policy“, where there is a direct link between the use of the revenue of the taxation and its purpose or if such a tax, “…without pursuing a purely budgetary purpose, is designed, as regards its structure, in particular…