The adopted proposal aims to simplify the regulation and reduce compliance costs, while continuing to cover around 99% of embedded emissions in imported CBAM covered goods. In particular, it aims to reduce the administrative and regulatory burden on small and medium-sized enterprises (SMEs).
Poland's Minister for European Union Affairs Adam Szłapka stated: “Reducing the administrative burden for our companies remains a priority for our goal of increasing the EU's global competitiveness. Today's agreement clearly demonstrates the Council's commitment to this.”
Under the Commission's proposal, actors that do not exceed the threshold of 50 tons of CBAM products per importer per year would be exempt from the mechanism's obligations. This new 'de minimis' threshold would replace the more limited exemption in the previous regulation. The change is expected to eliminate CBAM obligations for SMEs and individuals importing low volumes.
The proposal also includes a series of facilitating regulations for importers above the threshold. These include improvements to the authorization process, data collection methods, calculation of embedded emissions, emission verification rules, determination of financial responsibility during the import year and claiming carbon allowances paid in third countries.
The negotiating position adopted by the Council includes several clarifying and simplifying additions to the Commission proposal. The Council also made clear its support for the 50-ton threshold proposed by the Commission.
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