Какой scope будет учитывать cbam
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Какой scope будет учитывать cbam

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Carbon Border Adjustment Mechanism

Climate change is a global problem that needs global solutions. As the EU raises its own climate ambition, and as long as less stringent climate policies prevail in many non-EU countries, there is a risk of so-called ‘carbon leakage‘. Carbon leakage occurs when companies based in the EU move carbon-intensive production abroad to countries where less stringent climate policies are in place than in the EU, or when EU products get replaced by more carbon-intensive imports.


The EU’s Carbon Border Adjustment Mechanism (CBAM) is the EU’s tool to put a fair price on the carbon emitted during the production of carbon intensive goods that are entering the EU, and to encourage cleaner industrial production in non-EU countries.

By confirming that a price has been paid for the embedded carbon emissions generated in the production of certain goods imported into the EU, the CBAM will ensure the carbon price of imports is equivalent to the carbon price of domestic production, and that the EU’s climate objectives are not undermined. The CBAM is designed to be compatible with WTO-rules.

CBAM will apply in its definitive regime from 2026, while the current transitional phase lasts between 2023 and 2026. This gradual introduction of the CBAM is aligned with the phase-out of the allocation of free allowances under the EU Emissions Trading System (ETS) to support the decarbonisation of EU industry.

CBAM definitive regime (from 2026)

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EU importers of goods covered by CBAM will register with national authorities where they can also buy CBAM certificates. The price of the certificates will be calculated depending on the weekly average auction price of EU ETS allowances expressed in €/tonne of CO2 emitted.

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EU importers will declare the emissions embedded in their imports and surrender the corresponding number of certificates each year.

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If importers can prove that a carbon price has already been paid during the production of the imported goods, the corresponding amount can be deducted.

CBAM transitional phase (2023 – 2026)

On 1 October 2023, the CBAM entered into application in its transitional phase, with the first reporting period for importers ending 31 January 2024. The gradual phasing in of CBAM allows for a careful, predictable and proportionate transition for EU and non-EU businesses, as well as for public authorities.

The CBAM will initially apply to imports of certain goods and selected precursors whose production is carbon intensive and at most significant risk of carbon leakage: cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. With this enlarged scope, CBAM will eventually – when fully phased in – capture more than 50% of the emissions in ETS covered sectors. The objective of the transitional period is to serve as a pilot and learning period for all stakeholders (importers, producers and authorities) and to collect useful information on embedded emissions to refine the methodology for the definitive period.

During this period, importers of goods in the scope of the new rules will only have to report greenhouse gas emissions (GHG) embedded in their imports (direct and indirect emissions), without the need to buy and surrender certificates. Indirect emissions will be covered in the scope after the transitional period for some sectors (cement and fertilisers), on the basis of a defined methodology outlined in the Implementing Regulation published on 17 August 2023 and its accompanying guidance.

The Implementing Regulation on reporting requirements and methodology provides for some flexibility when it comes to the values used to calculate embedded emissions on imports during the transitional phase. Until the end of 2024, companies will have the choice of reporting in three ways: (a) full reporting according to the new methodology (EU method); (b) reporting based on an equivalent method (three options); and (c) reporting based on default reference values (only until July 2024).

As of 1 January 2025, only the EU method will be accepted and estimates (including default values) can only be used for complex goods if these estimations represent less than 20% of the total embedded emissions. The Commission published default values on 22 December 2023. This report from the EU’s Joint Research Centre (JRC) fed into the preparation of those default values.

The Commission has also developed dedicated IT tools to help importers perform and report these calculations, as well as in-depth guidance, training materials and tutorials to support businesses in this transitional phase.

A review of the CBAM’s functioning during its transitional phase will be concluded before the entry into force of the definitive system. At the same time, the product scope will be reviewed to assess the feasibility of including other goods produced in sectors covered by the EU ETS in the scope of the CBAM mechanism, such as certain downstream products and those identified as suitable candidates during negotiations. The report will include a timetable setting out their inclusion by 2030.

Sectors covered in the first phase of the CBAM — our environmental policy tool to help maximise the European and global impact of our fight against climate change.


Where to report

The Commission has developed the CBAM transitional registry to help importers perform and report as part of their CBAM obligations. Access to the registry should be requested through the National Competent Authority (NCA) of the Member State in which the importer is established.

The provided link is accessible solely to importers who have been duly registered by the relevant National Competent Authorities.

If you haven’t yet registered and you wish to access the registry, kindly reach out to the NCA of your respective Member State. Otherwise, unauthorised access to the registry is prohibited.

CBAM reporting declarants will find in the CBAM Transitional Registry User Manual an XSD file describing the full structure of the CBAM quarterly report, as well as a sample ZIP file, which may be uploaded in the Registry to fill in automatically the quarterly report’s data. For convenience, the XSD and the sample ZIP files can also be downloaded below.

In addition, the Commission has prepared a specific guidance document for declarants, which outline the functioning and step-by-step use of the “request delay” options in the CBAM Transitional Registry.

The CBAM Transitional Registry is continuously enriched with IT updates and fixes (see attachment below for the latest update).

Carbon Border Adjustment Mechanism

The European Commission, upon request by the operator of an installation in a non-EU country, records the necessary information on that operator and its installations in the CBAM registry.

  • Member States designate national authorities to implement the regulation. These exchange essential or relevant information among themselves.
  • Official verifiers must either meet the requirements of Implementing Regulation (EU) 2018/2067 (see summary) or be approved by a national accreditation body.
  • The Commission:
    • helps the national authorities and coordinates their work;
    • establishes a standardised electronic CBAM registry database of authorised declarants, which contains information on their CBAM certificates and other relevant details;
    • carries out risk-based controls on the information and transactions recorded in the registry;
    • reviews CBAM declarations to check the data provided and sends its findings to the relevant national authority, which may conduct its own review and determine, based on the Commission’s preliminary calculation, whether more CBAM certificates must be handed over;
    • monitors trade patterns to detect any attempts to avoid compliance with the regulation by, for instance, slightly modifying goods with the purpose of making them fall outside the scope of the regulation;
    • facilitates the exchange of information on fraudulent behaviour and the penalties imposed.

    Member States sell CBAM certificates on a common central platform , which the Commission establishes and manages, to authorised CBAM declarants in their country.

    Information in the central platform on the sale, repurchase and cancellation of CBAM certificates is transferred to the CBAM registry at the end of each working day.

    • ensures each certificate is given a unique identification number;
    • calculates the weekly price of CBAM certificates as the average of the closing prices of EU ETS allowances on their auction platform;
    • cancels annually on 1 July, without any compensation, any excess certificates that a CBAM declarant holds which were purchased during the year before the previous calendar year.

    Authorised CBAM declarants:

    • surrender annually by 31 May, starting in 2027, the number of certificates corresponding to the embedded emissions they declared the previous year;
    • are liable for a penalty if they do not surrender the requisite number of certificates;
    • ensure that the number of certificates they hold in the CBAM register at the end of each quarter corresponds to at least 80% of the embedded emissions in goods they have imported since the start of the calendar year;
    • may request, by 30 June of each calendar year, to sell back to the Commission, via Member States, up to a third of the certificates they purchased the previous year, at their original price.
    • adopts implementing and delegated acts;
    • presents the following reports to the European Parliament and the Council of the European Union:
      • at least 1 year before the end of the transitional period (31 December 2025), on products further down the value chain of the goods in Annex I which could be included in the regulation,
      • before the end of the transitional period, on the possible extension of the regulation’s scope to other goods that risk carbon leakage, specifically organic chemicals and polymers, to other input materials (precursors), to indirect embedded emissions to the goods in Annex II, and to embedded emissions in the transport of the goods,
      • before 1 January 2028, and every 2 years thereafter, on the application of the regulation and functioning of the CBAM;
      • an implementing regulation detailing the reporting requirements during the transitional period and the emission calculation methodology for CBAM goods,
      • guidance for EU importers and non-EU installations on the practical implementation of the new rules,
      • online training materials, webinars, tutorials and sector-specific fact sheets to support businesses.
      • This runs from 1 October 2023 to 31 December 2025.
      • Importers, or indirect customs representatives, submit a CBAM report to the Commission from 31 January 2024, on a quarterly basis, without having to buy or surrender any certificates.


      It applies from 1 October 2023, but some articles apply from 31 December 2024 and some others from 1 January 2026.


      • CBAM is the EU’s landmark measure to tackle carbon leakage and a central pillar of its fit for 55 agenda. It equalises the price of carbon between domestic products and imports and aims to encourage cleaner industrial production in non-EU countries.
      • The transitional phase is being used as a learning period for all stakeholders (importers, producers and authorities). The Commission will study the data on embedded emissions to refine the methodology for the definitive period starting in 2026.
      • For further information, see:
        • Carbon Border Adjustment Mechanism (European Commission).

        KEY TERMS

        Carbon leakage. When companies transfer production to countries with laxer greenhouse gas emissions rules than their own.

        Embedded emissions. Direct emissions released during the production of goods and indirect emissions from the electricity consumed during the process.

        Carbon price. Amount paid in a non-EU country, as a tax, levy or fee, under a carbon emissions reduction scheme.


        Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (OJ L 130, 16.5.2023, pp. 52–104).


        Commission Implementing Regulation (EU) 2023/1773 of 17 August 2023 laying down the rules for the application of Regulation (EU) 2023/956 of the European Parliament and of the Council as regards reporting obligations for the purposes of the carbon border adjustment mechanism during the transitional period (OJ L 228, 15.9.2023, pp. 94–195).

        Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, pp. 1–17).

        Commission Delegated Decision (EU) 2019/708 of 15 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council concerning the determination of sectors and subsectors deemed at risk of carbon leakage for the period 2021 to 2030 (OJ L 120, 8.5.2019, pp. 20–26).

        Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, pp. 1–25).

        Successive amendments to Regulation (EU) 2018/841 have been incorporated into the original text. This consolidated version is of documentary value only.

        Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, pp. 26–42).

        Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, pp. 94–134).

        Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast) (OJ L 269, 10.10.2013, pp. 1–101).

        Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, pp. 32–46).

        Carbon Border Adjustment Mechanism (CBAM) Transitional Phase Now in Effect

        The European Commission has adopted the implementing regulation establishing the rules for the CBAM during its transitional phase, spanning from October 1, 2023, to the end of December 2025. The implementing regulation delineates the reporting obligations imposed on EU importers of CBAM goods and the methodology for calculating embedded emissions in their production. Currently, the CBAM regulation is applicable to specified imports within six emissions-intensive sectors:

        • Electricity
        • Iron and steel
        • Cement
        • Aluminum
        • Fertilizers
        • Hydrogen

        According to the new provisions, a transitional period for the EU CBAM will be in effect from October 1, 2023, to December 31, 2025, entailing solely quarterly reporting obligations. The inaugural report is due by January 31, 2024, covering goods imported during the fourth quarter of 2023.

        This insight covers the regulation in full and looks at the concerns for the industry.

        Related Services

        • European Public Policy
        • Environmental, Safety & Health
        • Commodities & Shipping

        The EU Carbon Border Adjustment Mechanism (CBAM): Implications for supply chains

        Claudia Buysing Damsté

        As the EU Carbon Border Adjustment Mechanism (CBAM) comes into effect, the time to invest in your supply chain operations is now. Organisations who proactively engage with CBAM may achieve future competitive positioning against their peers and avoid potential fines, as well as prevent a loss of market share.

        What is the CBAM

        Enacted in October 2023 as part of the EU’s Fit for 55 package [1] , the CBAM complements the existing EU Emissions Trading System (‘EU ETS’). The CBAM effectively places a price on certain greenhouse gases (‘GHG’) emitted in the production of selected imports, which aligns with EU GHG reduction goals, preventing ‘carbon leakage’ and levelling the playing field for EU and non-EU producers. Carbon leakage refers to the relocation of industry due to differences in carbon pricing policies between jurisdictions.

        The CBAM currently covers the import of certain cement, iron and steel, aluminium, fertilisers, electricity, and hydrogen products. The EU is planning to assess and potentially expand coverage of the CBAM by 2030, aiming to include over half of emissions in the EU ETS sectors by the full phase-in of CBAM in 2034.

        For now, CBAM importers face reporting obligations, with the first quarterly CBAM reports due on 31 January 2024. However, due to difficulties with actual filing of the report, the Commission has published that companies can file a request for delayed submission, giving them an additional 30 days to submit their CBAM report. Thereafter, starting from 1 January 2026, the Authorised CBAM Declarants must submit annual CBAM reports and purchase/surrender CBAM certificates (e.g., the financial implications start as of 1 January 2026). The price of these CBAM certificates will be pegged to the average price of allowances under the EU ETS, thereby equalising carbon pricing costs between the EU and non-EU producers.

        Why does the CBAM matter and who is responsible

        Compliance with CBAM is mandatory for the ‘Authorised CBAM Declarants’ [2] and indirect customs representatives during the transitional period. The CBAM applies on all in-scope imports, where the shipment value is equal to or greater than EUR 150 (which is also the EU customs declaration threshold). The low value de minimis means many organisations will fall under the scope of CBAM upon the first importation of an in-scope good.

        These entities must ensure the timely lodgement of their quarterly CBAM reports during the transitional period, and will need to have established access to credible embedded emissions data for their CBAM goods by no later than July 2024. The importers of CBAM goods should intimately understand the embedded emissions profile of each imported product, as it directly affects costs and administrative burdens. Depending on cost pass-through possibilities, consumers or importers may bear these costs.

        Companies who do not innovate to reduce their embedded emissions will face an additional cost for the production of their goods, as CBAM certificates will need to be purchased based on the carbon emissions embedded in the imported product. This cost, whilst not directly borne by the manufacturer of the goods, will increase the indirect production cost for the customer. Where a company innovates to reduce their embedded emissions, they may face lower (or no) CBAM certificate cost, in which case they may be eligible to claim a price premium for their goods.

        When CBAM enters into the ‘definitive phase’ (from 1 January 2026), a credit will also be available for carbon taxes paid in the local jurisdiction of production of the CBAM goods. In effect, this achieves the goal of CBAM, in that it would equalise the price associated with the carbon emissions between the EU (via CBAM) and the local country of production.

        Suppliers of CBAM goods may have already received information requests from EU customers for emissions data. Failure to comply may result in a loss of market access and demand shift away from their products. CBAM will mandatorily apply to EU customers, so they will have no choice but to shift away from non-cooperative suppliers (due to the financial and non-financial burdens of non-compliance with CBAM).

        What information is necessary and what if it is wrong?

        During the first year of implementation (through to 31 December 2024) companies will have the choice of reporting in three ways:

        • full reporting according to the new CBAM methodology (the EU method);
        • reporting based on equivalent third country national systems; and
        • reporting based on reference/default values (minimum).

        As of 1 January 2025, only the EU method will be accepted. Under this method:

        • Direct emissions are considered to be emissions from the production processes of goods, including emissions from the production of heating and cooling that is consumed during the production processes, irrespective of the location of the production of the heating or cooling.
        • Indirect emissions are emissions from the production of electricity which is consumed during the production processes of goods, irrespective of the location of the production of the consumed electricity.

        The emissions reported must be specified for each supplier, for each type of imported good in scope of CBAM and will include data on the quantity of CBAM goods imported and any equivalent carbon price that was paid abroad. Importantly, the CBAM information will need to be provided on a per-product and per-production installation basis.

        Failure to fulfil these reporting obligations and make a genuine effort to accurately disclose embedded emissions can lead to a financial penalty ranging from EUR 10 to EUR 50 for each tonne of unreported embedded emissions. The exact amount will be dependent on the gravity and duration of the failure to report, with higher penalties to be applied where the duration of failure exceeds 6 months. The quantum of ‘unreported embedded emissions’ will be determined by the authority issuing the penalty.

        What does the world post 2026 (potentially) look like?

        The phase in of CBAM certificates, coupled with the phase out of the EU Emissions Trading System (EU ETS) free allowances, may raise prices for CBAM goods in the EU market, also affecting downstream products and finished goods. Theoretically these changes are already priced into the current market price of the EU allowances, however we suspect all impacted organisations are not yet fully aware of CBAM and how this applies to them. This could lead to a short-term shift in international trade, with EU imports favouring lower-emission products to avoid CBAM costs. Initially non-EU producers of high-emission goods may find opportunities in non-EU markets with less stringent carbon policies. However, the incentive to invest in decarbonising technologies and gain a competitive advantage in a low-carbon demanding EU market could drive global movement towards decarbonisation. Several other jurisdictions (such as the US) have already indicated an intention to implement their own CBAM equivalents (the UK already confirmed that they will implement an UK CBAM by 2027), further removing potential customers for high-emission goods.

        Additionally, the prospect of new or more aggressive carbon pricing in other jurisdictions, especially export-heavy ones, may increase. Countries could update climate policies to mitigate carbon leakage risks, preserving market access and competitiveness for their own domestic markets and industries. The credit available for equivalent carbon taxes applied in other jurisdictions in the EU CBAM may further motivate countries to update their carbon policies to gain the economic benefits domestically.

        The CBAM: Supply chain implications

        So far we’ve talked about the CBAM, responsibility, the enforcement mechanisms and how this regulation might evolve and be implemented. While the CBAM has carbon tax implications, it also has significant supply chain implications.

        1. Supplier data will directly impact product EU pricing

        CBAM pricing is tied to a good’s embedded emissions, so inaccuracies in emissions data can lead to miscalculated carbon costs. For example, if a steel manufacturer overestimates emissions, the importer may surrender excess CBAM certificates, increasing costs and raising steel prices in the EU market. This, in turn, could affect the demand for steel products, impacting both the importer and supplier.

        2. Supplier data will create future (and potentially compounding) legal exposure

        Importers will face significant financial penalties for inaccurate emissions reporting, with the severity escalating based on the duration of the problem. CBAM reports (and their accuracy) will be wholly reliant upon supplier-provided data. To mitigate risk, importers may impose contractual conditions, indirectly holding suppliers accountable for CBAM. Failure to meet these conditions may result in penalties for suppliers or termination of contract where issues cannot be rectified.

        3. Supplier knowledge, understanding, information, and potentially upstream relationships and data gathering will be key to supplier data accuracy

        Recognising the pivotal role suppliers play, importers are expected to enhance their relationships with suppliers, ensuring their internal systems comply with CBAM reporting obligations. This collaboration may extend to aiding direct suppliers in partnering with upstream suppliers to gather data, especially in the production of goods involving precursors.

        4. Assurance of data will be important

        Maintaining data integrity is crucial for accurate CBAM certificate surrender, effective carbon pricing of CBAM goods, and preventing financial penalties. Therefore, robust data assurance measures in the supply chain will be necessary for transparent and reliable reporting. Suppliers may need to collaborate closely with importers and auditors to provide comfort over the accuracy of embedded emissions data. From 1 January 2026 the CBAM will mandatorily require independent verification of CBAM reports.

        5. Use this opportunity to rethink supplier engagement, data, assurance and your broader sustainability agenda

        To avoid incurring higher expenses from paying carbon taxes, businesses should consider how they can decarbonise their supply chains and work with suppliers to find carbon efficiencies. This can create an opportunity to gain a competitive advantage in the market whilst improving the communication and transparency with suppliers.

        The CBAM: Getting started now

        1. Determine boundaries: Map out your high-level, global product value-chain, pinpointing key activities with the EU and tracing the flow of goods into the region. Engage your procurement, tax, operations and/or logistics teams to effectively determine which activities fall under the scope of CBAM. This assessment should include the indirect tax / customs team due to the link to EU customs regulations.
        2. Enable legal / contract framing and terms: Revise standard contracts for CBAM suppliers by incorporating clauses that mandate accurate and timely embedded emissions data for CBAM goods, require collaboration on data improvement, clearly define supplier responsibilities for CBAM compliance, specify the party responsible for carbon certificate costs, and outline consequences for non-compliance. Additional clauses with respect to confidentiality and data storage should also be considered.
        3. Evaluate and identify impacted supply chain: Thoroughly map your supply chain to identify CBAM goods suppliers, analysing from raw material sourcing to end-product distribution, to capture the use of precursors. Assess suppliers’ compliance with CBAM regulations and their capability to provide lower carbon-intensive goods. Consider engaging alternative suppliers based on this evaluation.
        4. Determine training, knowledge and data/tooling requirements: Identify key value drivers, enablers, constraints, barriers & ambitions (with timelines) for CBAM reporting. To improve efficiency, assess across the reporting ecosystem to identify areas of overlap and synergies in data collection, management and analysis (for example, some of the data points of CBAM may already be identified as part of the EU CSRD, US SEC disclosures or other sustainability reporting). Address any gaps by improving data collection systems, providing training to affected personnel and suppliers, and establishing guidelines and protocols to ensure CBAM compliance.
        5. Create proliferation and engagement plan, including “help lines” with expert knowledge: CBAM will require involvement across functional teams, from sustainability through to procurement, tax, finance, supply chain operations and logistics. Ensure roles, responsibilities and expectations (i.e. data requirements) are clearly communicated early. Investigate opportunities to partner with industry or organisations that specialise in carbon pricing to exchange ideas, best practices and insights

        How can we help?

        Within PwC we can assist from global trade and customs matters and address the impact for your supply chain. Our team of professionals can support you through your CBAM journey, from the impact assessment to helping set up a governance framework to ensure you are in control.

        If you have any questions on CBAM or the impact on your supply chain, please feel free to reach out.

        [1] Under the European Climate Law, the EU committed to reduce its net greenhouse gas emissions by at least 55% by 2030. The ‘Fit for 55’ package of legislation makes all sectors of the EU’s economy fit to meet this target.
        [2] Authorised CBAM Declarant is defined in the CBAM regulation, but broadly this is taken to be the importer of record for the CBAM goods which are imported into the EU Customs Union

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