CBAM Implementing Regulation from March 28 – what are the key changes for companies?

CBAM - to whom does the regulation apply?

The regulation applies to all importers of goods listed in Annex I to Regulation (EU) 2023/956 who wish to import these goods into the customs territory of the European Union. These include importers of steel, iron and aluminium products, electricity, hydrogen, cement and fertilizers. The new provisions regulate in particular the process of obtaining the status of an authorized CBAM declarant (Carbon Border Adjustment Mechanism). From 2026, only authorized CBAM declarants will be entitled to import CBAM goods.

New CBAM regulations: how to become an authorized declarant?

The key requirement regulated by the new regulation is to obtain the status of an authorized CBAM declarant. Below we present detailed information on the application procedure, obligations for companies and the impact of the new regulations on business.

Key responsibilities of importers include:

• Applying for CBAM Authorised Declarant status: Importers must submit an application in a standard format, available in the CBAM register, before the first import of goods.
• Providing complete and up-to-date information: Applicants have the opportunity to correct the information in their application before the competent authority makes a decision.
• Providing additional information: Upon request from the competent authority, importers must provide additional documents and explanations.
• Informing about the status of the electricity importer: Importers of electricity covered by Article 5(4) of Regulation (EU) 2023/956 must inform the competent authority about their status and provide the relevant documentation.
• Meeting the authorisation criteria: Importers must demonstrate that they have not committed serious or repeated infringements of regulations, economic crimes and that they are financially sound.
• No tax arrears: Authorised declarants must prove that they have no arrears in the payment of public contributions.
• Submission of a guarantee: In the case of companies operating for less than two financial years, submission of a guarantee is required.
• Cooperation in the re-evaluation of criteria: Authorised CBAM declarants must be prepared for the re-evaluation of the authorisation criteria by the competent authorities.

The procedure for submitting applications for the status of an authorized CBAM declarant

The new regulation is to enable the efficient granting of authorisations to CBAM declarants in parallel with the development of the CBAM register IT system:

• Each application for CBAM authorised declarant status is given a unique reference number.
• Applicants may correct information in the application, but significant changes may result in rejection of the application.
• The competent authority will assess the application within 120 days (or 180 days for applications submitted before 15 June 2025) and may also request additional information, which may extend the waiting period for a decision.
• In case of a negative decision, the applicant has the right to appeal.
• The decision on the application becomes effective on the day on which the competent authority registers it in the CBAM register. The applicant is then informed of the registration of this decision.

Impact on business – how to prepare for new responsibilities?

The new regulations aim to ensure that only honest importers obtain the status of an authorized CBAM declarant. Companies must carefully familiarize themselves with the requirements of the regulation and adapt their procedures accordingly. In order to avoid problems with the import of goods to the EU and effectively prepare for the arrival of new obligations related to the procedure for obtaining the status of an authorized CBAM declarant, we recommend:

• Preparation of required documentation and close cooperation with the relevant authorities.
• Monitoring the financial and operational status of the company to ensure that the authorization criteria are met.
• Taking into account any additional financial burdens (applies to some importers) related to the need to provide a guarantee.
• Take preparatory steps well in advance, as failure to provide the required documents or meet the requirements may result in the inability to obtain permission to import goods.

CBAM Regulation and possible sanctions

Every entity required to have the status of an authorised declarant entity should remember that:

• Failure to comply with the obligations arising from the Regulation may result in refusal to grant the status of an authorised CBAM declarant.
• In the event of serious or repeated breaches of the regulations, the status of authorised declarant may be withdrawn.
• Failure to submit or adjust the financial guarantee by the required deadline may also result in revocation of entitlement.
• Violation of the regulations may also result in criminal penalties.

New regulations on CBAM – from when?

The above-mentioned regulation is to apply from 28 March 2025. This is to enable the granting of authorisations to CBAM declarants in parallel with the development of the CBAM register IT system in order to ensure that this register is fully operational by 1 January 2026.

CBAM – how can we help?

The application for the status of authorised declarant must be submitted at the earliest possible date. Due to the extremely long administrative procedure, which can take up to 180 days, importers must submit the relevant application no later than June 2025 to ensure continuity of supply.

Give your company a competitive advantage in the face of new EU regulations regarding CBAM. Our experts offer comprehensive support, thanks to which your company will:

• Avoid costly mistakes: We will guide your company through the complex requirements of CBAM, saving you time and money.
• Optimize processes: Our experience in many areas will allow you to efficiently adapt your organization to new responsibilities.
• Gain compliance and peace of mind: Knowing that your business is fully compliant with EU regulations, both during the transition period and once the regulations are fully implemented, will give you peace of mind.
• Secure your supply chains: We will develop strategies that will allow your organization to remain competitive when faced with the need to purchase CBAM certificates.

Take advantage of our experts’ knowledge and experience to transform CBAM requirements into an opportunity to grow your business.

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