On October 30, the European Commission published a draft Commission Implementing Regulation on authorizing CBAM declarants.
Its text is available on the website of this EU executive body.
Starting from January 1, 2026, only authorized CBAM declarants will be able to import CBAM products into the EU.
This draft Regulation outlines the procedures and requirements for authorization of CBAM declarants, covering:
- Communication process between applicants, competent authorities and the Commission.
- Application format and submission procedures through the CBAM registry.
- The process and terms of consideration of the application by the competent authority.
- Rules for determination by competent authorities of authorized CBAM declarants for the import of electricity.
Article 10 of the draft Regulation stands out in that it describes in detail the assessment necessary to verify that the applicant has not been involved in serious or repeated violations. It is noted that only bona fide importers are eligible for CBAM declarant status.
To participate in the program, applicants must meet the following requirements:
- No administrative or judicial decision has found them involved in serious or repeated violations of customs, tax, market abuse or rules specific to CBAM during the last 5 years in connection with their economic activities.
- They have no history of serious criminal offenses related to their economic activities.
Article 11 provides for a process of administrative organization and internal control to demonstrate the operational capabilities of CBAM.
The European Commission promised that feedback and suggestions will be taken into account when finalizing this project. As they are received, they will appear on the website of this executive body.
Earlier, EcoPolitic wrote about first problems and necessary solutions for the transitional stage of the implementation of the cross-border carbon adjustment mechanism. We also talked about how Great Britain wants avoid CBAM.
