The CBAM Regulation is law. We had already talked about it in a previous article, published at the time of the agreement between the members of the European Council and the European Parliament on the need to take measures to curb Environmental Dumping.  The CBAM Regulation, we reiterate, starts from the need to impose a tax on industrial goods imported from non-EU countries onto the EU market that generate a significant volume of emissions due to their production.

Now, the new rules will be fully applicable as of 1 October this year. Here is what they provide for and who is directly affected.

CBAM: new rules on Environmental Dumping

The CBAM, which stands for Carbon Border Adjustment Mechanism, is the European regulation aimed at preventing goods imported from non-EU countries from having a competitive advantage due to the absence of carbon-related costs.

The regulation is part of the ‘Fit for 55’ programme, which aims to reduce greenhouse gas emissions by 55% by 2030.

The CBAM puts in place a mechanism for offsetting carbon emissions generated by the production of certain goods outside the EU, through the purchase of Certificates representing CO2 emissions.

Which goods will be affected by this new regulation?

Of course, those with the highest environmental impact, such as cement, iron, steel and aluminium products, fertilisers and electricity. The list of products is subject to possible expansion to include all products already subject to the ETS regulation by 2030.

When will the measures be operational?

The measure will be implemented in two separate phases.

The first will start on 1 October 2023 and will be a transitional phase, during which importers of goods will only be required to submit a quarterly report, which will specify: the total quantity of each type of goods imported during the reporting period, the related emissions and any costs incurred in the country of origin in relation to these emissions. The accuracy of the declarations will then be checked by the Commission.

The second phase will begin on 1 January 2026, when the Regulation will be fully operational and imports of CBAM goods into the EU can only be carried out by ‘CBAM registered declarants’, who will have to: calculate the amount of CO2 present in the imported goods, purchase certificates to offset emissions, and ensure that, at the end of each quarter, the number of certificates held covers at least 80% of the emissions included in all CBAM goods imported since the beginning of the calendar year.

The certificates must be returned by 31 May of each calendar year. By that date, an annual CBAM declaration must be submitted, stating the total quantity of goods imported in the previous calendar year, the total related emissions, the total number of returned certificates and a copy of the emission verification issued by an accredited body.

In order to become a CBAM declarant, each importer (or their indirect customs representative) will have to send an application to the relevant authority in their country, which will, or will not, enter them in the appropriate register.

With specialised and continuously trained personnel, Marfreight has always offered its customers comprehensive assistance in international cargo transfer operations, by land, sea and air. In recent months, our offices are working to ensure that the services offered always comply with international regulations, also and especially in view of the changes related to the CBAM regulation.

For more information, you can contact us here, we will be happy to answer your questions.