Carbon Border Adjustment Mechanism (CBAM) (October, 2023)

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For the Dutch version please press this link.

 

The Carbon Border Adjustment Mechanism (CBAM) will be gradually introduced from October 1, 2023. The CBAM is a European regulation that the EU will use to correct the limit for CO2 emissions released during the production of certain goods outside the EU.

 

What is the CBAM?

The CBAM is a price correction for imports into the EU of designated goods, based on CO2 emissions in the production process outside the EU.

 

Who does the CBAM apply to?

The CBAM applies to importers of CBAM goods. These are goods in the categories:

 

-iron and steel;

-cement;

-fertilizers;

-aluminum;

-electricity;

-hydrogen.

 

The complete list of commodity codes can be found in Annex I of the European regulation.

 

According to the regulation, the importer is the (legal) person who declares CBAM goods for free circulation in his own name and on his own account, or the person on whose behalf CBAM goods are declared for free circulation.

 

The following situations may arise:

 

Do you file your own returns? You will then be regarded as the importer and the obligations under the regulation apply to you.

Do you use direct representation? You will then be regarded as the importer and the obligations under the regulation apply to you and not to your direct representative.

Do you use indirect representation? Then you have a choice: you must make agreements with your indirect representative about who will act as the importer within the meaning of the regulation and therefore who must comply with the obligations of the regulation.

Are you not located in the EU? Then only an indirect representative can act for you as an importer of CBAM goods and fulfill the obligations of the regulation for you. You make agreements about this with your indirect representative.

 

What are the phases involved in the introduction of the CBAM?

The entry into force consists of 2 phases:

 

the transition phase (from October 1, 2023 to December 31, 2025)

the full entry into force (from 1 January 2026)

 

What will change from October 1, 2023?

Reporting obligation

The reporting obligation for CBAM goods applies from October 1, 2023. As an importer, you must submit a report to the European Commission within one month after the end of each quarter. This concerns both the amount of CBAM goods you have imported and the amount of CO2 emitted during the production of those goods. This means that you must submit the 1st report no later than January 31, 2024. The national competent authority, the Dutch Emissions Authority, carries out supervision together with the European Commission and can enforce it if you do not meet the obligations.

 

On August 17, 2023, the European Commission published the implementing regulation for the CBAM transition period. In the appendices to this implementing regulation you will find the requirements that the quarterly reporting must meet and how you must report the CO2 emissions released during production.

 

Would you like to know more about the reporting obligation and the content of the quarterly reports? Then check the website of the European Commission and the Dutch Emissions Authority. The European Commission has published guidance documents for reporting for both importers and producers of the goods. Webinars and training courses are also organised.

 

You submit the quarterly reports to the European Commission via the provisional CBAM Transitional Registry. The Commission will inform you about the use of the provisional CBAM Transitional Registry. It is expected that it will be possible to log in to the register with eHerkenning from the beginning of December. More information about how to log in will follow as soon as more is known.

 

Import declaration

From October 1, 2023, Customs must inform importers about the reporting obligation for CBAM goods that will apply from then on. To ensure that you, as an importer of CBAM goods, have taken note of the reporting obligation, you must enter a fictitious document code with the import declaration of these goods from October 1, 2023. You hereby declare that you are aware of the reporting obligation for these goods. You do not have to provide a document with the declaration, but you must enter the document code in order to submit your import declaration. If you do not enter a fictitious document code, your declaration will not be accepted.

 

What should you pay attention to when making your import declaration?

In your import declaration, enter the following number in the documents:

-1200

With this fictitious document code you indicate that you are aware of the reporting obligation for these CBAM goods.

-1300

With this fictitious document code you indicate that the CBAM goods you declare are exempt from the obligations under the regulation. For example, because the value of the goods is less than € 150.

If you do not enter a fictitious document code, the declaration will not be accepted and you will receive an error message. You can then adjust the declaration and resubmit it.

In the User Tariff we indicate and explain the conditions of the measure of the required document code for all goods that fall under the CBAM Regulation.

 

What will change after January 1, 2026?

If importers want to import CBAM goods from January 1, 2026, they must be admitted as CBAM declarants. You must apply for authorization from the competent authority in the country where you are located. In addition, importers of CBAM goods must purchase CO2 certificates from January 1, 2026 to correct the CO2 emitted during the production of the imported goods. Every year, as many CO2 certificates must be surrendered as CO2 emitted during the production of imported CBAM goods. 1 certificate is equivalent to the emission of 1 ton of CO2.

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If you have any questions, please do not hesitate to contact us.