The European Commission has published the CBAM implementation project with requirements for declarants

The European Commission has published the CBAM implementation project with requirements for declarants shutterstock
Hanna Velyka

Stakeholders can submit their feedback and comments on it until November 27

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:

  1. Communication process between applicants, competent authorities and the Commission.
  2. Application format and submission procedures through the CBAM registry.
  3. The process and terms of consideration of the application by the competent authority.
  4. 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:

  1. 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.
  2. 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.

Related
The Ministry of Economy should step up its efforts with the EU to delay the CBAM — EBA
The Ministry of Economy should step up its efforts with the EU to delay the CBAM — EBA

The business community is calling for closer dialogue to ensure that Ukrainian exporters are not required to pay a carbon ‘levy’ during the war, and that these funds are subsequently channelled towards the actual decarbonisation of industry

The issue of a CBAM deferral for Ukraine remains unresolved — European Commission
The issue of a CBAM deferral for Ukraine remains unresolved — European Commission

At the same time, EU representatives are open to cooperation on possible support for the decarbonisation of industry

The EU has postponed the update to its environmental legislation until 2027
The EU has postponed the update to its environmental legislation until 2027

The reform package should include, in particular, targets for ‘green’ energy and national commitments to reduce emissions

Each EU resident generates 12.3 kg of electronic waste — Eurostat
Each EU resident generates 12.3 kg of electronic waste — Eurostat

This is almost a third less than the volume of new equipment released onto the market, which points to a risk of growing waste stockpiles and unreported disposal