CBAM pravděpodobně čekají zásadní změny

CBAM is likely facing significant changes

The European Commission is introducing a package of legislative amendments in the area of sustainability, referred to as the Omnibus. These changes relate to, for example, the simplification of CBAM and ESG due diligence rules, the loosening of investment opportunities, and the simplification of sustainability reporting (CSRD and EU Taxonomy).

In this article, we focus on the changes in the functioning of CBAM. Before the implementing regulation concerning the conditions for the registration of approved CBAM declarants could be finalized (originally expected by the end of 2024), the Commission decided to make significant amendments in the regulation establishing the CBAM mechanism itself.

The main changes planned by the Commission include, especally:

1. Introduction of a new "de minimis" threshold – Importers of most goods subject to CBAM will be exempt from CBAM-related obligations if they import less than 50 tonnes of CBAM goods per year into the EU. However, this limit may change based on import data available to the Commission.
2. Simplification of emission calculations and reporting – For companies that will continue to be subject to CBAM (and that have to obtain an authorisation from an approved CBAM declarant), simpler rules are to be introduced regarding their CBAM obligations (simpler emission calculations and reporting).
3. CBAM Representative – Approved CBAM declarants will be able to delegate access and the right to submit CBAM reports to third parties.
4. Delayed "hard" start – The Commission proposes that the financial obligations related to  CBAM (purchase of CBAM certificates) will be fulfilled from 1 February 2027 (instead of the original 1 January 2026).
5. Increased efficiency – New rules against circumventing CBAM and stricter penalties are to be introduced (3-5 times higher).
6. Expansion of CBAM scope to other goods – At the end of 2025, the Commission will carefully consider the possibility of expanding the set of goods that should newly be subject to CBAM.

We would be happy to discuss how the planned changes may affect your business. If you are interested, please contact the authors of the article or the EY advisory team you are working with.

Authors:

Jakub Kašuba

Anna Běhounková