Article in English**: Official European Union on December 22, 2023The frontier of carbon tradingTranslation, with slight modifications.
21.Can an importer have more than one indirect customs representative?
Importers are free to use different indirect customs representatives, each responsible for the specific CBAM goods they introduce in their customs declaration. Each representative will display their own EORI number at customs, which is evidence of the CBAM reporting obligation in charge. As a result, there will be no double counting of embedded emissions.
22.If the company's subsidiaries in different member states have different Economic Operator Registration and Identification (EORI) numbers, is it allowed to report at the parent parent level?
In principle, CBAM goods are attributed to the CBAM declarant through the EORI number provided to the customs. This means that by default, CBAM reporting for different subsidiaries (with different EORI numbers) will be done separately. However, as importers can appoint an indirect customs representative to undertake CBAM obligations, a single indirect customs representative may be appointed and report on behalf of all subsidiaries at the ** level.
23.What are the reporting obligations?When do I need to submit a report?
During the CBAM transition period, importers are expected to submit CBAM reports on a quarterly basis from October 1, 2023 to December 31, 2025. The report should include information on goods imported in the previous quarter and should be submitted within one month of the end of the quarter. The reporting period and submission deadline are detailed in the document.
24.The amount of CBAM goods imported is very small. Do these products fall within the scope of CBAM regulations?
If the total intrinsic value of the imported goods does not exceed €150, then small quantities of imported goods that fall within the scope of the CBAM may be automatically exempt from the application of the CBAM regulations.
25.What is the role of the Council of Europe in the transition period?
The Committee will administer the CBAM Transition Registry, review CBAM reports submitted by declarants, and communicate reports of potential non-compliance with national authorities. The Commission will also monitor the implementation of the CBAM, prepare secondary legislation and, if necessary, set rules for certifier certification and certificate buying.
26.What is a National Competent Authority (NCA)?
Each Member State has designated a National Competent Authority (NCA) to carry out the functions and responsibilities defined in CBAM Regulation (EU) 2023 956. In short, the NCA is responsible for checking the quality of CBAM's quarterly reports and engaging in dialogue with reporting declarants when necessary. The NCA ultimately ensures compliance with CBAM rules and may impose penalties on reporting filers.
27.Do importers of CBAM goods need to be "authorised" to import these goods during the transition period?
During the transition period, importers of CBAM goods will not need to be authorised to import these goods into the EU. Customs will notify the importer of the CBAM merchandise reporting obligation at the time of importation.
28.Is there a third-party verification obligation during the transition?
No, verification by an external independent body will only become mandatory from 2026. In the coming years, there will be sub-legislation for the formal period defining emission verification rules based on data collected by EU importers.
29.What embedded emissions do each CBAM industry need to report?
The document provides an overview table of the specific emissions and greenhouse gases that need to be reported for each industry within the scope of the CBAM, as well as how direct and indirect emissions will be determined. For the specific list, send a private message to this ID to ask for the English version of the PDF.
30.What information should a reporting declarant request from third-country producers to ensure they can submit quarterly CBAM reports?
CBAM declarants must submit the information contained in Annex I of the implementing regulations in the CBAM report. To ensure that they have all the required information, the reporting declarant should request from the producer the information contained in Annex IV of the implementing regulations. The Commission Service has compiled this information into a communication template (excel format) to facilitate the exchange of information between operators and importers. The communication template (excel format) is available under the comments.
Summary of frequently asked questions about the EU Carbon Border Adjustment Mechanism (CBAM) (1).
Summary of frequently asked questions about the EU Carbon Border Adjustment Mechanism (CBAM) (2).