Sittings · Document
Amending Regulation (EU) 2023/956 as regards the extension of its scope to downstream goods and anti-circumvention measures
Committee on the Environment, Climate and Food Safety
Amendment 1360
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi
Proposal for a regulation
Annex I a (new)
Regulation (EU) 2023/956
Annex II – Point 1 – table Iron and Steel (new) – new line
| Text proposed by the Commission | |
| Amendment | |
| ‘[Iron and Steel | |
| In ANNEX II, point 1, in the table 'Iron and Steel' the following exception is added: | |
| CN code | Greenhouse gas |
| Except 7202 60 00 Ferro-Nickel | Carbon dioxide |
Or. en
Amendment 1361
Susana Solís Pérez
Proposal for a regulation
Annex I a (new)
Regulation (EU) 2023/956
Annex II – table Iron and Steel – new line
| Present text | |
| ‘[Iron and steel | |
| CN code | Greenhouse gas |
| 72 – Iron and steel Except: 7202 2 – Ferro-silicon … 7204 – Ferrous waste and scrap; remelting scrap ingots and steel | Carbon dioxide |
| Amendment | |
| Annex II, table on Iron and Steel is amended as follows: | |
| ‘[Iron and steel | |
| CN code | Greenhouse gas |
| 72 – Iron and steel Except: 7202 2 – Ferro-silicon … 7202 60 00 Ferro-Nickel … 7204 – Ferrous waste and scrap; remelting scrap ingots and steel | Carbon dioxide |
Or. en
Amendment 1362
Billy Kelleher, Barry Andrews, Cynthia Ní Mhurchú, Barry Cowen
Proposal for a regulation
Annex II – paragraph 1 – point 1
Regulation (EU) 2023/956
Annex IV – point 1 – point e
| Text proposed by the Commission | Amendment |
| (e) ‘emission factor for electricity’ means the weighted average of the CO2 intensity of the electricity produced within a geographic area; | (e) ‘emission factor for electricity and imported electricity’ means the weighted average of the CO2 intensity of the electricity produced within a geographic area calculated using data from the previous calendar year; |
Or. en
Justification
Specifying the reference year clarifies the revised methodology for electricity default values and aligns it with the approach used for other CBAM goods. An annually updated factor based on the previous year ensures that recent changes in the electricity mix, including new renewable capacity, are reflected, thereby improving accuracy, predictability and environmental integrity.
Amendment 1363
Pascal Canfin, Jeannette Baljeu
Proposal for a regulation
Annex II – paragraph 1 – point 4
Regulation (EU) 2023/956
Annex IV – point 4.2.2 a (new)
| Text proposed by the Commission | Amendment |
| 4.2.2 a. Default values referred to in Article 7(2aa) | |
| Default values shall be set, reflecting the average emission intensity of each third country exporting country as well as the average emission intensity of goods used as input materials (precursors), including when produced outside the third country, and for each of the goods listed in Annex I other than electricity. |
Or. en
Amendment 1364
Massimiliano Salini, Letizia Moratti
Proposal for a regulation
Annex III
Regulation (EU) 2023/956
Annex VIII
| Text proposed by the Commission | |
| The following Annex VIII is added: | |
| ‘ANNEX VIII | |
| List of non-CBAM goods and greenhouse gases considered as input materials (precursors) | |
| Iron and steel | |
| CN code | Greenhouse gas |
| ex 7204 Ferrous waste and scrap; remelting scrap ingots and steel except post-consumer scrap | Carbon dioxide |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| deleted |
Or. en
Amendment 1365
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Michele Picaro, Antonella Sberna, Paolo Inselvini, Aurelijus Veryga
Proposal for a regulation
Annex III – paragraph 1 – table on iron and steel
Regulation (EU) 2023/956
Annex VIII – table Iron and Steel
| Text proposed by the Commission | |
| ‘[Iron and steel | |
| CN code | Greenhouse gas |
| ex 7204 Ferrous waste and scrap; remelting scrap ingots and steel except post-consumer scrap | Carbon dioxide |
| Amendment | |
| deleted |
Or. en
Amendment 1366
Adam Jarubas
Proposal for a regulation
Annex III – paragraph 1 – table on iron and steel
Regulation (EU) 2023/956
Annex VIII (new) – table Iron and Steel
| Text proposed by the Commission | |
| ‘[Iron and steel | |
| CN code | Greenhouse gas |
| ex 7204 Ferrous waste and scrap; remelting scrap ingots and steel except post-consumer scrap | Carbon dioxide |
| Amendment | |
| deleted |
Or. en
Amendment 1367
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi
Proposal for a regulation
Annex III – paragraph 1 – table 1
Regulation (EU) 2023/956
Annex VIII – table Iron and Steel
| Text proposed by the Commission | |
| Iron and steel | |
| CN code | Greenhouse gas |
| ex 7204 Ferrous waste and scrap; remelting scrap ingots and steel except post-consumer scrap | Carbon dioxide |
| Amendment | |
| deleted |
Or. en
Amendment 1368
Pascal Arimont
Proposal for a regulation
Annex III – paragraph 1 – table on aluminium
Regulation (EU) 2023/956
Annex VIII (new) – table Aluminium
| Text proposed by the Commission | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap | Carbon dioxide |
Or. en
Justification
In alignment to our co-signed amendments to recitals 19 and 20, the exclusion of post-consumer aluminium scrap from the list of precursors creates a circumvention route that cannot be controlled at the border, since pre- and post-consumer scrap are physically indistinguishable once melted. This amendment closes the loophole while maintaining a clean attribution of embedded emissions.
Amendment 1369
Martin Hojsík, Jeannette Baljeu
Proposal for a regulation
Annex III – paragraph 1 – table on aluminium
Regulation (EU) 2023/956
Annex VIII (new) – table Aluminium
| Text proposed by the Commission | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| Aluminium | |
| CN code | Greenhouse gas |
| 7602 Aluminium waste and scrap | Carbon dioxide |
Or. en
Amendment 1370
Adam Jarubas
Proposal for a regulation
Annex III – paragraph 1 – table on aluminium
Regulation (EU) 2023/956
Annex VIII (new) – table Aluminium
| Text proposed by the Commission | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| Aluminium | |
| CN code | Greenhouse gas |
| 7602 Aluminium waste and scrap | Carbon dioxide |
Or. en
Amendment 1371
Susana Solís Pérez
Proposal for a regulation
Annex III – paragraph 1 – table on aluminium
Regulation (EU) 2023/956
Annex VIII (new) – table Aluminium
| Text proposed by the Commission | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| Aluminium | |
| CN code | Greenhouse gas |
| 7602 Aluminium waste and scrap | Carbon dioxide |
Or. en
Amendment 1372
Radan Kanev
Proposal for a regulation
Annex III – paragraph 1 – table on aluminium
Regulation (EU) 2023/956
Annex VIII (new) – table Aluminium
| Text proposed by the Commission | |
| Aluminium | |
| CN code | Greenhouse gas |
| ex 7602 Aluminium waste and scrap except post-consumer scrap | Carbon dioxide |
| Amendment | |
| Aluminium | |
| CN code | Greenhouse gas |
| 7602 Aluminium waste and scrap | Carbon dioxide |
Or. en
Amendment 1373
Susana Solís Pérez, Dimitris Tsidoras, Massimiliano Salini, Pascal Arimont, François-Xavier Bellamy
Proposal for a regulation
Annex III a (new) – table
Regulation (EU) 2023/956
Annex VII – Point 1 a (new)
| Text proposed by the Commission |
| Amendment |
| The single mass-based threshold referred to in Article 2a shall be set at 5 tonnes of net mass for aluminium products. |
Or. en
Justification
The threshold introduced through the simplification proposals of Regulation (EU) 2025/2083 opens the CBAM-induced sourcing shift. In order to avoid unintended consequences stemming from the current design of the 50-tonne threshold, this amendment proposes its reduction, as the existing level creates incentives for regulatory arbitrage and trade diversion, enabling customers to source downstream products from third countries without incurring CBAM costs, while EU downstream operators must pay CBAM on their primary aluminium inputs due to the Union’s high structural dependence on imports. This threshold in practice already covers a significant share of orders placed directly with semi-fabricators, as well as the vast majority of orders placed through distributors, thereby amplifying these adverse effects. Lowering the threshold is therefore necessary to ensure a proportionate and effective application of the CBAM, to safeguard its environmental integrity, and to preserve undistorted competition along the aluminium value chain within the internal market.
Amendment 1374
Billy Kelleher, Barry Cowen, Cynthia Ní Mhurchú, Barry Andrews
Proposal for a regulation
Annex III a (new)
Regulation (EU) 2023/956
Annex VIII a (new)
| Text proposed by the Commission | Amendment |
| This Annex shall list goods and countries or territories identified as presenting a high risk of abusive practices linked to resource shuffling, for the purposes of Article 6. The identification and updating of such situations shall be carried out by the Commission on the basis of non-limitative, objective indicators related to trade patterns, emissions characteristics and structural features of production and export, in accordance with this Regulation. |
Or. en
(New addition in Article 6 of this proposal)