Draft regulations for obtaining the CBAM authorized declarant status and the rules for implementation of the CBAM registry, were published

Two draft implementing regulation were published by the European Commission on 30 October 2024 and on 31 October 2024, which details the procedure for obtaining the status of an authorized CBAM declarant and the CBAM Registry implementing rules and which we expect to enter into force by December 31, 2024.

Among the most important aspects, we mention the following:

CBAM authorization

• The application  should be conducted electronically via the CBAM Registry. We remind you that, in order to submit an application for CBAM authorization, the declarant must meet a number of criteria, for example:
  • it is established in the Member State in which the application will be submitted;
  • has an EORI number;
  • has not been involved in serious infringements of customs/tax legislation;
  • proves that it has internal control procedures relating to the submission and management of CBAM declarations, CBAM certificates etc.
• The competent authority will assess the application within 120 calendar days from the date of receipt. This period may be extended by an further 30 working days if additional information is needed;

CBAM Register

• The CBAM Register is established (for the definitive phase) as an electronic database for filing and managing the CBAM declarations, involving checks, indicative assessments, communication and review procedures.
• It will apply from January 2025 for authorising CBAM declarants and January 2026 for CBAM reporting obligations.

We remind you that the process for obtaining the status of authorized declarant should be applicable from 31 December 2024.

Recommendations:

We recommend adopting proactive measures for obtaining CBAM autorization, for example: analyzing the necessary criteria for obtain the status of authorized declarant, analyzing the key contracts, establishing internal procedure and  appropriate strategies with suppliers of the CBAM products. Also, as the CBAM authorization may take more than 6 months (similar with AEO certification process), we recommend that you start the analyse and then authorization process as soon as possible.