Draft report (COM(2025)0989 – C100352/2025 – 2025/0419(COD))
Amending Regulation (EU) 2023/956 as regards the extension of its scope to downstream goods and anti-circumvention measures
ENVI-AM-788846
Committee on the Environment, Climate and Food Safety
Amendment 35
Anja Arndt, Marc Jongen, Ivan David
Proposal for a regulation
Title 1
| Text proposed by the Commission | Amendment |
|---|---|
| Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2023/956 as regards the extension of its scope to downstream goods and anti-circumvention measures (Text with EEA relevance) | Proposal for a Regulation of the European Parliament and of the Council repealing Regulation (EU) 2023/956. |
Or. de
Justification
The CBAM constitutes unacceptable interference in national fiscal and economic policy and runs the risk of curtailing trade in a manner liable to breach WTO principles.
Amendment 36
Alexander Bernhuber
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive. The scope of that Regulation should be gradually extended to cover products further down the value chain of the goods listed in Annex I to that Regulation. | (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive. The scope of that Regulation should be gradually extended to cover products further down the value chain of the goods listed in Annex I to that Regulation, based on a transparent and robust quantitative assessment. To ensure legal certainty and a smooth implementation for operators, the Commission should publish, in due time before 1 January 2028, detailed calculation examples and standardised model cases for the determination of embedded emissions in the newly included downstream goods. |
| 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). | 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). |
Or. en
Justification
Without standardised calculation examples being available, significant misinterpretations and legal uncertainty are to be expected, which would be especially difficult to handle for affected companies. Furthermore, there is a need for a more robust and transparent assessment of the goods that are included in the list.
Amendment 37
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive. The scope of that Regulation should be gradually extended to cover products further down the value chain of the goods listed in Annex I to that Regulation. | (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive, based on an impact assessment and focusing on sectors where emissions can be effectively measured and verified. The scope of that Regulation may be gradually extended to cover products further down the value chain of the goods listed in Annex I to that Regulation, where such an extension is operationally achievable, proportionate to the objectives pursued, and duly substantiated by an impact assessment showing a significant contribution to emissions reductions. |
| 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). | 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). |
Or. en
Justification
The gradual expansion of the scope should remain aligned with its original design, based on a solid impact assessment and focused on sectors with reliably measurable and verifiable emissions. Extending it to certain complex downstream products poses major methodological challenges and, according to the current assessment, would not deliver a significant additional reduction in emissions.
Amendment 38
Anja Arndt, Marc Jongen, Ivan David
Proposal for a regulation
Recital 1
| Text proposed by the Commission | Amendment |
|---|---|
| (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive. The scope of that Regulation should be gradually extended to cover products further down the value chain of the goods listed in Annex I to that Regulation. | (1) Regulation (EU) 2023/956 of the European Parliament and of the Council3 was initially designed with a limited scope, covering those goods that are most exposed to the risk of carbon leakage and that are most carbon intensive. The implementation of Regulation (EU) 2023/956 has not yet proven effective in preventing carbon leakage. What it has done is contributed to carbon leakage along the value chain and in third countries outside the Union. To prevent further deindustrialisation and trade retaliation, the Regulation should be repealed. |
| 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). | 3 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, p. 52, ELI: http://data.europa.eu/eli/reg/2023/956/oj). |
Or. de
Justification
There is considerable evidence to suggest that the CBAM imposes a disproportionate administrative burden, particularly on SMEs, and increases the risk of trade retaliation.
Amendment 39
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) The worsening climate and biodiversity crisis requires ambitious action to match the urgency of the challenges facing the Union and the wider wo. Any attempts to reduce the level of ambition or scope of the carbon border adjustment mechanism (CBAM) should be rejected. |
Or. en
Amendment 40
Claudiu-Richard Târziu
Proposal for a regulation
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) The extension of the scope of the CBAM should help not only to prevent carbon leakage but also to preserve the Union’s industrial competitiveness, energy security and strategic autonomy. To this end, the application of the CBAM should take into account the situation of electricity-intensive industries, including the aluminium and steel sector, which are exposed to high energy costs, the EU ETS and the investments needed for decarbonisation. |
Or. ro
Justification
A balanced approach is needed so as to protect European industry and prevent the relocation of production to outside the Union.
Amendment 41
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu
Proposal for a regulation
Recital 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) Due to the critical geopolitical situation at present, in order to safeguard the competitiveness of the European economy, an immediate suspension of ETS and, consequently, a revision of CBAM would be necessary for a thorough review. |
Or. en
Amendment 42
Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) As the CBAM aims to create incentives for the reduction of emissions by operators in third countries, the Union is committed to working with and supporting low and middle-income third countries towards the decarbonisation of their manufacturing industries as part of the external dimension of the European Green Deal5 and in line with the Paris Agreement6 . The Union should continue to support those countries through the Union budget, especially LDCs, in order to contribute to ensuring their adaptation to the obligations under this Regulation. The Union should continue to support climate mitigation and adaptation actions in these countries, including in their efforts towards the decarbonisation and transformation of their industries within the ceiling of the multi-annual financial framework and the financial support provided by the Union to international climate finance. This is further reinforced in the EU global climate and energy vision7 , which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. While the CBAM gradually enters into application, the Union intends to strengthen partnerships and support broader climate mitigation efforts, including by providing financial support to countries’ decarbonisation efforts. | (3) As the CBAM aims to ensure a level playing field between European industries and those in third countries that are not subject to the same decarbonisation policies, the Union is committed to supporting European producers in their climate mitigation efforts, including by providing financial support to them. |
| 5 Communication: The European Green Deal, COM/2019/640 final. | |
| 6 OJ L 282, 19.10.2016, p. 4. | |
| 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. |
Or. fr
Amendment 43
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) As the CBAM aims to create incentives for the reduction of emissions by operators in third countries, the Union is committed to working with and supporting low and middle-income third countries towards the decarbonisation of their manufacturing industries as part of the external dimension of the European Green Deal5 and in line with the Paris Agreement6 . The Union should continue to support those countries through the Union budget, especially LDCs, in order to contribute to ensuring their adaptation to the obligations under this Regulation. The Union should continue to support climate mitigation and adaptation actions in these countries, including in their efforts towards the decarbonisation and transformation of their industries within the ceiling of the multi-annual financial framework and the financial support provided by the Union to international climate finance. This is further reinforced in the EU global climate and energy vision7 , which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. While the CBAM gradually enters into application, the Union intends to strengthen partnerships and support broader climate mitigation efforts, including by providing financial support to countries’ decarbonisation efforts. | (3) As the CBAM aims to create incentives for the reduction of emissions by operators in third countries, the Union is committed to working with and supporting developing countries, in particular Lower Middle-Income Countries (LMICs) and Least Developed Countries (LDCs) towards the decarbonisation of their manufacturing industries as part of the external dimension of the European Green Deal5 and in line with the Paris Agreement, particularly Article 2.26 . The Union should continue to support those countries through dedicated financial mechanisms within the Union budget, and relevant international climate finance instruments, especially LMICs and LDCs, in order to contribute to ensuring their adaptation to the obligations under this Regulation. The Union should continue to support climate mitigation and adaptation actions in these countries, including in their efforts towards the decarbonisation and transformation of their industries within the ceiling of the multi-annual financial framework and the financial support provided by the Union to international climate finance. The Union should also facilitate the transfer of low-emissions technologies, as well as capacity-building programmes and technical assistance, including support for monitoring, reporting and verification systems and industrial decarbonisation strategies. To facilitate this, the equivalent of at least 25% of the revenues generated from the sale of CBAM certificates each year should be provided in the form of climate finance to developing countries, which should be additional to existing climate finance commitments. This is further reinforced in the EU global climate and energy vision7 , which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. In implementing this Regulation, the Union should therefore ensure that the CBAM contributes not only to preventing carbon leakage but also to supporting a fair and inclusive global transition to climate neutrality. While the CBAM gradually enters into application, the Union intends to strengthen partnerships and multilateral fora, and support broader climate mitigation efforts, including by providing financial support to countries’ decarbonisation efforts. |
| 5 Communication: The European Green Deal, COM/2019/640 final. | 5 Communication: The European Green Deal, COM/2019/640 final. |
| 6 OJ L 282, 19.10.2016, p. 4. | 6 OJ L 282, 19.10.2016, p. 4. |
| 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. | 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. |
Or. en
Amendment 44
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) As the CBAM aims to create incentives for the reduction of emissions by operators in third countries, the Union is committed to working with and supporting low and middle-income third countries towards the decarbonisation of their manufacturing industries as part of the external dimension of the European Green Deal5 and in line with the Paris Agreement6 . The Union should continue to support those countries through the Union budget, especially LDCs, in order to contribute to ensuring their adaptation to the obligations under this Regulation. The Union should continue to support climate mitigation and adaptation actions in these countries, including in their efforts towards the decarbonisation and transformation of their industries within the ceiling of the multi-annual financial framework and the financial support provided by the Union to international climate finance. This is further reinforced in the EU global climate and energy vision7 , which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. While the CBAM gradually enters into application, the Union intends to strengthen partnerships and support broader climate mitigation efforts, including by providing financial support to countries’ decarbonisation efforts. | (3) The CBAM should address the risk of carbon leakage by ensuring a level playing field between Union industries and those in third countries that do not have climate rules equivalent to those imposed by the Union due to the EU Green Deal. However, as currently designed, the CBAM risks increasing the administrative burden for Union industries and undermining their competitiveness. The Union is committed to supporting Union producers, especially those of energy-intensive sectors, including through the Union budget. |
| 5 Communication: The European Green Deal, COM/2019/640 final. | |
| 6 OJ L 282, 19.10.2016, p. 4. | |
| 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. |
Or. en
Amendment 45
Sara Matthieu
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) As the CBAM aims to create incentives for the reduction of emissions by operators in third countries, the Union is committed to working with and supporting low and middle-income third countries towards the decarbonisation of their manufacturing industries as part of the external dimension of the European Green Deal5 and in line with the Paris Agreement6 . The Union should continue to support those countries through the Union budget, especially LDCs, in order to contribute to ensuring their adaptation to the obligations under this Regulation. The Union should continue to support climate mitigation and adaptation actions in these countries, including in their efforts towards the decarbonisation and transformation of their industries within the ceiling of the multi-annual financial framework and the financial support provided by the Union to international climate finance. This is further reinforced in the EU global climate and energy vision7 , which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. While the CBAM gradually enters into application, the Union intends to strengthen partnerships and support broader climate mitigation efforts, including by providing financial support to countries’ decarbonisation efforts. | (3) The Union is committed to increasing its support to climate mitigation and adaptation actions at global level, in line with the Paris Agreement. To complement the CBAM incentive for operators in third countries to reduce their emissions, the Union is specifically committed to working with and supporting low and middle-income third countries towards the decarbonisation of their manufacturing industries, and, through new partnerships, the Union will work on the development of carbon pricing schemes and other decarbonisation measures. This is part of the external dimension of the European Green Deal5 and it is in line with the EU global climate and energy vision7, which indicates that the EU will engage proactively with partners to ensure better coherence between internal and external EU policies. The Union will scale up its contribution to international climate finance, in line with the new Collective Quantified Goal on Climate Finance (NCQG) agreed at COP29, within the ceilings of its Multiannual Financial Framework and through the establishment of a Temporary Decarbonisation Fund. The Fund will simultaneously provide international climate finance and support Union industries at residual risk of carbon leakage, thereby reaching a balanced and equitable approach. As the CBAM introduces new obligations for third countries, the Union will also continue to support third countries, especially LDCs, to ensure their adaptation to those obligations. Finally, the Commission will periodically assess, report on, and, where appropriate, propose new measures in relation to CBAM impact on LDCs and its contribution to the decarbonisation of the manufacturing industry in those countries. |
| 5 Communication: The European Green Deal, COM/2019/640 final. | 5 Communication: The European Green Deal, COM/2019/640 final. |
| 6 OJ L 282, 19.10.2016, p. 4. | |
| 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. | 7 Joint Communication: EU global climate and energy vision: securing Europe's competitive role in world markets and accelerating the clean transition, JOIN(2025) 25 final. |
Or. en
Amendment 46
Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The outermost regions of the Union, in accordance with Article 349 TFEU, are characterised by permanent structural constraints, including their remoteness, insularity, small size, difficult topography and climate, and economic dependence on a few products, which significantly limit their development. Due to these constraints, these regions are significantly dependent on imports from neighbouring third countries for their supply. The uniform application of the carbon border adjustment mechanism to those goods, especially in the absence of any risk of circumvention, is likely to result in disproportionate additional costs for the local economy, thereby jeopardising the achievement of the Union’s objectives of economic, social and territorial cohesion. Provision should therefore be made to allow a Member State to request a targeted and temporary exemption from the application of this Regulation for certain goods imported into an outermost region and intended for local use. |
Or. fr
Amendment 47
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) The Paris Agreement, and in particular Article 9 thereof, and the United Nations Framework Convention on Climate Change (UNFCCC) require developed Parties to provide and mobilise climate finance for developing countries. Parties at COP29 agreed a New Collective Quantified Goal (NCQG) to mobilise at least USD 300 billion annually by 2035 (with a wider scale-up to USD 1.3 trillion), and this should be considered as a floor of ambition for the provision of public climate finance. Revenues from the CBAM represent an opportunity to provide new and additional support to climate action in low- and middle-income countries and LDCs. The Commission is committed to ensuring transparency in the use of CBAM revenues and the provision of its international climate finance obligations. The potential contribution of CBAM revenues to international climate finance underscores that the CBAM is an environmental measure and is implemented consistently with the EU’s WTO obligations. Therefore, CBAM revenues should be used where appropriate to enhance the EU’s contributions to climate finance. |
Or. en
Amendment 48
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 3 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3b) The Union’s engagement with third countries, international organisations and multilateral fora is essential to promote the objectives of this Regulation, address concerns of partner countries, and support policies for industrial decarbonisation, including carbon pricing. The Commission should engage actively and constructively with partner countries, and support Member States in doing so, in order to facilitate the effective implementation of the CBAM. |
Or. en
Amendment 49
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 3 c (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3c) In order to enhance the fairness, credibility and international acceptability of the CBAM, in particular vis-à-vis developing countries, it is appropriate that it goes hand in hand with additional international climate finance. As the CBAM may have implications for trade relations with third countries, in particular those with lower levels of development, the provision of such support is necessary to facilitate its acceptance, reduce the risk of disputes, and support cooperative approaches to decarbonisation. In this regard, the Union has committed, in the context of the new collective quantified goal on climate finance (NCQG) agreed at COP29, to scale up support for developing countries, which should be regarded as a minimum baseline for such contributions. Furthermore, while the proposal establishing a Temporary Decarbonisation Fund provides for the allocation of a share of CBAM revenues to support Union industry at risk of carbon leakage, ensuring a corresponding level of support to developing countries would contribute to a balanced and equitable approach and help address concerns that the CBAM could otherwise result in an asymmetric redistribution of resources. Such an approach would reinforce the environmental integrity of the CBAM, strengthen its compatibility with the Union’s trade policy objectives, and support constructive engagement with partner countries. |
Or. en
Amendment 50
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 3 d (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3d) Limited access to low-emission technologies, technical expertise and innovation capacity remains one of the principal barriers preventing developing countries, in particular least developed countries and lower- and middle-income countries, from reducing greenhouse gas emissions from their industrial sectors. Barriers to technology transfer can limit partner countries’ ability to reduce the carbon intensity of their production and to effectively comply with the requirements of this Regulation. Bridging this technology gap is therefore essential to enable those countries to decarbonise their industries and to contribute to global emissions reductions. The Commission should therefore accompany the CBAM with measures that facilitate access to low-carbon technologies in developing countries. Such measures may include strengthening international cooperation on technology transfer, supporting partnerships between industrial actors in the Union and in partner countries, and promoting changes to the World Trade Organization rules aimed at enabling greater policy space for the deployment of low-emission technologies |
Or. en
Amendment 51
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) Electricity flows from third countries resulting from actions that transmission system operators take to ensure the safe and secure operation of their networks, including handling emergencies and unscheduled flows, should not be subject to this Regulation. | (8) Electricity exchanges and flows from third countries resulting from actions that transmission system operators take to ensure the safe and secure operation of transmission systems, including unintended exchange of energy as well as use of balancing services and handling emergencies, should not be subject to this Regulation. |
Or. en
Amendment 52
Sigrid Friis, Stine Bosse, Emma Wiesner
Proposal for a regulation
Recital 8
| Text proposed by the Commission | Amendment |
|---|---|
| (8) Electricity flows from third countries resulting from actions that transmission system operators take to ensure the safe and secure operation of their networks, including handling emergencies and unscheduled flows, should not be subject to this Regulation. | (8) Electricity flows from third countries resulting from actions that transmission system operators take to ensure the safe and secure operation of their networks, and system security, including handling emergencies and unscheduled flows, should not be subject to this Regulation. |
Or. en
Justification
Transmission system operators may need to manage electricity flows to keep the grid stable and preserve the security of the wider electricity system, including in emergencies or in response to unscheduled flows. Such actions are taken to protect network operation and system security, not as ordinary commercial imports.
Amendment 53
Daniel Buda
Proposal for a regulation
Recital 8 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (8a) The obligation for goods to be imported into the customs territory of the Union only by an authorised CBAM declarant is liable to create additional administrative barriers and discourage third country operators from exporting to the Union market, thereby reducing its attractiveness and impacting on the availability of certain essential products. |
Or. ro
Amendment 54
Dan-Ştefan Motreanu, Daniel Buda
Proposal for a regulation
Recital 8 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (8a) Imports of fertilisers, given their strategic importance for food security, should not be included in the scope of this Regulation, especially in the current geopolitical context marked by instability and disruptions to supply chains. The introduction of such measures is liable to directly affect the availability and affordability of inputs essential for agricultural production, jeopardising food security and inevitably leading to higher food prices for consumers. |
Or. ro
Amendment 55
Sara Matthieu
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) Due recognition of the progress made by the relevant third countries towards market coupling of the electricity systems ensures that any time-limited exemptions as foreseen in this Regulation fully align with the strategic objectives of the Union and those third countries’ specific achievements. The efficient use of the existing electricity infrastructure and the integration of electricity markets of third countries into the internal electricity market of the Union is essential to reduce costs for both Member States and the relevant third countries, as well as to ensure security of supply. Such recognition should be put forward by means of a Memorandum of Understanding between the Commission and the third countries that have fully transposed the relevant electricity market acquis, as verified by the Commission. The Memorandum of Understanding should set the timeline for the application of the exemption foreseen in Regulation (EU) 2023/956, while considering adherence to relevant market rules and transmission system operator (TSO) institutions in line with Regulation (EU) 2019/943 of the European Parliament and of the Council8 and Commission Regulation (EU) 2015/12229 , and the progress made by the relevant countries on carbon pricing instruments equivalent to the EU ETS insofar as electricity generation is concerned. | (9) Due recognition of the progress made by the relevant third countries towards market coupling of the electricity systems ensures that any time-limited exemptions as foreseen in this Regulation fully align with the strategic objectives of the Union and those third countries’ specific achievements. The efficient use of the existing electricity infrastructure and the integration of electricity markets of third countries into the internal electricity market of the Union is essential to reduce costs for both Member States and the relevant third countries, as well as to ensure security of supply. Such recognition should be put forward by means of a Memorandum of Understanding between the Commission and the third countries that have fully transposed the relevant electricity market acquis, as verified by the Commission. The Memorandum of Understanding should set the timeline for the application of the exemption foreseen in Regulation (EU) 2023/956, while considering adherence to relevant market rules and transmission system operator (TSO) institutions in line with Regulation (EU) 2019/943 of the European Parliament and of the Council8 and Commission Regulation (EU) 2015/12229 , and the progress made by the relevant countries on carbon pricing instruments equivalent to the EU ETS insofar as electricity generation is concerned. The Commission should make sure that all relevant documents, including agreements, Memoranda of Understanding, roadmaps, commitments and strategies, adopted in relation to the exemption from the application of the CBAM on electricity imports, are publicly available, together with the Commission’s assessments of the fulfilment of the conditions necessary for the conclusion of Memoranda of Understanding and for the granting of the exemption. Moreover, the Commission should publish the full list of Union law that third countries have to comply with in order to benefit from the exemption. |
| 8 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (OJ L 158, 14.6.2019, pp. 54–124, ELI: http://data.europa.eu/eli/reg/2019/943/oj). | 8 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (OJ L 158, 14.6.2019, pp. 54–124, ELI: http://data.europa.eu/eli/reg/2019/943/oj). |
| 9 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, pp. 24–72, ELI: http://data.europa.eu/eli/reg/2015/1222/oj). | 9 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, pp. 24–72, ELI: http://data.europa.eu/eli/reg/2015/1222/oj). |
Or. en
Amendment 56
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello
Proposal for a regulation
Recital 9
| Text proposed by the Commission | Amendment |
|---|---|
| (9) Due recognition of the progress made by the relevant third countries towards market coupling of the electricity systems ensures that any time-limited exemptions as foreseen in this Regulation fully align with the strategic objectives of the Union and those third countries’ specific achievements. The efficient use of the existing electricity infrastructure and the integration of electricity markets of third countries into the internal electricity market of the Union is essential to reduce costs for both Member States and the relevant third countries, as well as to ensure security of supply. Such recognition should be put forward by means of a Memorandum of Understanding between the Commission and the third countries that have fully transposed the relevant electricity market acquis, as verified by the Commission. The Memorandum of Understanding should set the timeline for the application of the exemption foreseen in Regulation (EU) 2023/956, while considering adherence to relevant market rules and transmission system operator (TSO) institutions in line with Regulation (EU) 2019/943 of the European Parliament and of the Council8 and Commission Regulation (EU) 2015/12229 , and the progress made by the relevant countries on carbon pricing instruments equivalent to the EU ETS insofar as electricity generation is concerned. | (9) Due recognition of the progress made by the relevant third countries towards market coupling of the electricity systems ensures that any time-limited exemptions as foreseen in this Regulation fully align with the strategic objectives of the Union and those third countries’ specific achievements. The efficient use of the existing electricity infrastructure and the integration of electricity markets of third countries into the internal electricity market of the Union is essential to reduce costs for both Member States and the relevant third countries, as well as to ensure security of supply. Such recognition should be put forward by means of a Memorandum of Understanding between the Commission and the third countries that have fully transposed the relevant electricity market acquis, as verified by the Commission through the European Neighbourhood Policy (ENP), or when the third country has started the phased out approach for its participation, should the agreement provide for such a provision. The Memorandum of Understanding should set the timeline for the application of the exemption foreseen in Regulation (EU) 2023/956, while considering adherence to relevant market rules and transmission system operator (TSO) institutions in line with Regulation (EU) 2019/943 of the European Parliament and of the Council8 and Commission Regulation (EU) 2015/12229 , and the progress made by the relevant countries on carbon pricing instruments equivalent to the EU ETS insofar as electricity generation is concerned. |
| 8 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (OJ L 158, 14.6.2019, pp. 54–124, ELI: http://data.europa.eu/eli/reg/2019/943/oj). | 8 Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast) (OJ L 158, 14.6.2019, pp. 54–124, ELI: http://data.europa.eu/eli/reg/2019/943/oj). |
| 9 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, pp. 24–72, ELI: http://data.europa.eu/eli/reg/2015/1222/oj). | 9 Commission Regulation (EU) 2015/1222 of 24 July 2015 establishing a guideline on capacity allocation and congestion management (OJ L 197, 25.7.2015, pp. 24–72, ELI: http://data.europa.eu/eli/reg/2015/1222/oj). |
Or. en
Amendment 57
Thomas Pellerin-Carlin, Nora Mebarek, Raphaël Glucksmann, Aurore Lalucq, Christophe Clergeau, Jean-Marc Germain, Eric Sargiacomo, Chloé Ridel, Pierre Jouvet, Murielle Laurent, Claire Fita, François Kalfon, Emma Rafowicz
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) Regulation (EU) 2023/956 should take due account of the special characteristics and constraints of the outermost regions of the Union, as referred to in Article 349 TFEU, linked to their remoteness, insularity, small size, topography and climate. In order to avoid disproportionate administrative and economic burdens, while preserving the integrity and environmental objectives of the CBAM, the Commission should be empowered to grant, on a duly reasoned request from the Member State concerned, a temporary and product-specific adaptation of the obligations laid down in that Regulation for operators established in outermost regions located more than 3 000 nautical miles from the European continent, having limited access to Union supply chains and which remain heavily dependent on imports from third countries for the supply of certain products covered by that Regulation. Any adaptation should be subject to a prior assessment by the Commission on a case-by-case basis, taking into account criteria such as the distance from the European continent, the specific conditions of supply, market size, logistical constraints, the risk of circumvention and the need to ensure a level playing field. Any adaptation should also be conditional upon the submission by the Member State concerned of a binding transition plan setting out a clear pathway towards progressive compliance with the objectives of that Regulation. That plan should establish a phased timetable, verifiable intermediate and product-specific milestones, as well as quantified performance indicators, and should identify the measures and investment commitments necessary to reduce dependence on the imports concerned, including through intra-Union sourcing, local production, low-carbon alternative supply chains or technological upgrading. Any adaptation should be strictly limited to what is necessary and proportionate to address the structural constraints of such regions, and should not create a risk of circumvention of the CBAM, including through diversion or re-export. |
Or. en
Amendment 58
Susana Solís Pérez, Dimitris Tsiodras, Massimiliano Salini, Pascal Arimont, François-Xavier Bellamy
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) A single mass-based threshold may not adequately reflect the characteristics of certain downstream sectors, in particular products with high value and relatively low weight. In such cases, the application of a uniform threshold may unintentionally exclude a significant share of imports from the scope of this Regulation and create incentives to source such products from outside the Union without bearing an equivalent carbon cost, or to circumvent CBAM obligations through the fragmentation or restructuring of shipments. This could undermine the effectiveness of the mechanism, increase the risk of carbon leakage and distort competition within the internal market. It is therefore appropriate to ensure that the Commission monitors the impact of such thresholds across different CN codes and is empowered to adopt targeted adjustments where necessary to preserve the effectiveness and integrity of the CBAM. |
Or. en
Amendment 59
Sigrid Friis, Stine Bosse, Emma Wiesner
Proposal for a regulation
Recital 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (9a) In order to ensure that the declaration of actual emissions for electricity imports under the CBAM reflects market realities, the conditions for using actual values should be further clarified. Where relevant data is available and based on verifiable information, those conditions should, where appropriate, be aligned with the market time unit used in electricity markets, take into account the consumption mix in a manner that reflects actual electricity flows, and, where feasible, consider whether and which technologies are increasing production for export to the Union. |
Or. en
Justification
Electricity imports should be assessed in a way that reflects actual market conditions as closely as possible. Where reliable and verifiable data is available, greater use of actual values can improve the accuracy of embedded emissions calculations and avoid unnecessary reliance on default values. This is important to preserve CBAM’s environmental integrity and to avoid penalising greener electricity imports.
Amendment 60
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Recital 10
| Text proposed by the Commission | Amendment |
|---|---|
| (10) To ensure that the single mass-based threshold does not exceed 1% of the emissions embedded in the imported goods and processed products following the extension of Regulation (EU) 2023/956 to downstream products, the annual assessment in the year 2027 of the threshold should be carried out on the basis of import data covering the downstream goods covered under this extension. | (10) To ensure that the single mass-based threshold allows for the exclusion of small and medium-sized enterprises (SMEs) whose contribution to overall emissions is negligible, the annual assessment in the year 2027 of the threshold following the extension of Regulation (EU) 2023/956 to downstream products should be carried out on the basis of import data covering the downstream goods and with a view to setting a threshold at a level that effectively minimises the administrative burden on SMEs. |
Or. en
Amendment 61
Sara Matthieu
Proposal for a regulation
Recital 10 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (10a) The Commission review report on the application of the Regulation on the Carbon Border Adjustment Mechanism (COM/2025/783 final) concluded that the further extension of the CBAM scope to at least certain chemicals, polymers, refinery products, pulp and paper, glass, ceramics and ferro-alloys, and their scrap, is technically feasible, in spite of some value chain complexities, and would reduce carbon leakage and promote further decarbonisation. The Commission should therefore propose progressive scope expansion together with mechanisms to minimise complexity and administrative costs. |
Or. en
Amendment 62
Daniel Buda
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. | (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. However, as long as a significant number of the Union’s international partners do not apply standards and climate policies of a comparable level of ambition, the risk of emissions leakage will persist, which may result in an increase in global emissions to the detriment of the competitiveness of European industry and without any real climate benefits. It is therefore essential that the mechanism be calibrated so as to protect both climate objectives and the Union’s industrial base. |
Or. ro
Amendment 63
Anja Arndt, Marc Jongen, Ivan David
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. | (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. With a view to conserving the competitiveness of the Union’s energy-intensive industries and effectively curtailing the risk of carbon leakage, the gradual phasing-out of the free allocation of allowances under the EU Emissions Trading System should be suspended until such time as a comprehensive assessment of carbon border adjustment mechanism’s effects on investment, output and foreign trade has been conducted. |
Or. de
Justification
The current approach creates legal uncertainty and does not address the competitive disadvantage suffered by EU exporters on global markets.
Amendment 64
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 11
| Text proposed by the Commission | Amendment |
|---|---|
| (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. | (11) The CBAM seeks to address the risk of carbon leakage by ensuring that products, irrespective of whether they are imported or produced in the Union, are subject to an equivalent carbon price. However, as long as a significant number of the Union’s international partners have policy approaches that do not achieve the same level of climate ambition, there is a risk of carbon leakage, resulting in overall emissions being higher than what they would be in the absence of carbon leakage. This is without prejudice to the fact that countries differ in their respective responsibilities and capacities to address climate change. |
Or. en
Amendment 65
Anja Arndt, Marc Jongen, Ivan David
Proposal for a regulation
Recital 11 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (11a) The existing rules have given rise to a significant administrative burden and blunted the competitiveness of the Union’s industry. |
Or. de
Justification
The new recital clarifies that the existing rules incur a significant administrative burden and hamper the competitiveness of the Union’s industry.
Amendment 66
Michalis Hadjipantela
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (12a) Abusive practices can also occur in case of resource shuffling. This practice can include, but is not limited to, situations whereby third countries or operators in these countries adapt to the CBAM by dedicating a limited number of installations to exports to the Union internal market, with or without dedicated investments in decarbonisation. Such trends may result in a sudden change in the trade patterns for the installation or installations concerned from a domestic to an export focus. Another possible relevant factor in assessing the high risk of abusive practices in the case of resource shuffling is the fact that these trends are not part of a country-wide effort to reduce emissions. In case of resource shuffling, there is a clear and imminent threat to the internal market which also compromises the environmental integrity of the CBAM. |
Or. en
Amendment 67
Susana Solís Pérez
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (12a) Abusive practices can also occur in case of resource shuffling. This practice can include, but is not limited to, situations whereby third countries or operators in these countries adapt to the CBAM by dedicating a limited number of installations to exports to the Union internal market, with or without dedicated investments in decarbonisation. Such trends may result in a sudden change in the trade patterns for the installation or installations concerned from a domestic to an export focus. Another possible relevant factor in assessing the high risk of abusive practices in the case of resource shuffling is the fact that these trends are not part of a country-wide effort to reduce emissions. In case of resource shuffling, there is a clear and imminent threat to the internal market which also compromises the environmental integrity of the CBAM. |
Or. en
Amendment 68
Billy Kelleher, Barry Cowen, Cynthia Ní Mhurchú
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (12a) Abusive practices can also occur in case of resource shuffling. This practice can include, but is not limited to, situations whereby third countries or operators in these countries adapt to the CBAM by dedicating a limited number of installations to exports to the Union internal market, with or without dedicated investments in decarbonisation. Such trends may result in a sudden change in the trade patterns for the installation or installations concerned from a domestic to an export focus. Another possible relevant factor in assessing the high risk of abusive practices in the case of resource shuffling is the fact that these trends are not part of a country-wide effort to reduce emissions. In case of resource shuffling, there is a clear and imminent threat to the internal market which also compromises the environmental integrity of the CBAM. |
Or. en
Justification
The risk of resource shuffling has been mentioned by the European Commission in the run-up to the publication of this proposal but is not mentioned explicitly. With a view to maintaining the environmental integrity of CBAM while protecting the internal market, it is important to refer to such risk, in a non-exhaustive manner, as part of the notion of abusive practices.
Amendment 69
Dimitris Tsiodras
Proposal for a regulation
Recital 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (12a) Abusive practices can also occur in case of resource shuffling. This practice can include, but is not limited to, situations whereby third countries or operators in these countries adapt to the CBAM by dedicating a limited number of installations to exports to the Union internal market, with or without dedicated investments in decarbonisation. Such trends may result in a sudden change in the trade patterns for the installation or installations concerned from a domestic to an export focus. Another possible relevant factor in assessing the high risk of abusive practices in the case of resource shuffling is the fact that these trends are not part of a country-wide effort to reduce emissions. In case of resource shuffling, there is a clear and imminent threat to the internal market which also compromises the environmental integrity of the CBAM. |
Or. en
Justification
The risk of resource shuffling has been mentioned by the European Commission in the run-up to the publication of this proposal but is not mentioned explicitly. With a view to maintaining the environmental integrity of CBAM while protecting the internal market, it is important to refer to such risk, in a non-exhaustive manner, as part of the notion of abusive practices.
Amendment 70
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu
Proposal for a regulation
Recital 13
| Text proposed by the Commission | Amendment |
|---|---|
| (13) The Commission should monitor the impact of the CBAM on the Union internal market with a view to assessing the risk of abusive practices undermining the effectiveness of the CBAM and the potential impact on the Union internal market, including through an analysis of customs import declarations and CBAM declarations or on the basis of any relevant source of information, including from Member States through exchanges in the Expert Group on the CBAM or other relevant exchanges. | (13) The Commission should monitor the impact of the CBAM on the Union internal market with a view to assessing the risk of abusive practices undermining the effectiveness of the CBAM and the potential impact on the Union internal market, including through an analysis of customs import declarations and CBAM declarations or on the basis of any relevant source of information, including from Member States through exchanges in the Expert Group on the CBAM or other relevant exchanges. Only after such an assessment, an extension to further downstream goods should be considered. |
Or. en
Justification
Before any further extension of CBAM, an assessment should be done on the actual impact of the system in practice. Additionally, companies (especially ones dealing with complex goods like automotive) need lead times in order to implement any changes to CBAM.
Amendment 71
Daniel Buda, Céline Imart, François-Xavier Bellamy
Proposal for a regulation
Recital 13 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (13a) In order to address the serious difficulties faced by European farmers, in a context of a multidimensional crisis marked by rising production costs, trade tensions, and the resurgence of animal diseases, and to preserve the continent’s food sovereignty as well as the continuity of supply for the agri-food industry, which could be affected by a decline in production, the fertiliser sector should be excluded from the CBAM, while ensuring rapid and immediate assistance to fertilizer production within the Union, including through financial support and temporary derogations. |
Or. en
Amendment 72
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. As a precautionary measure, average national values should be applied until a delegated act is adopted. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. |
Or. en
Justification
The amendment seeks to ensure that the internal market is protected through the use of average national values until such acts are adopted.
Amendment 73
Pascal Canfin, Sigrid Friis, Jeannette Baljeu, Stine Bosse
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To effectively address abusive practices, country-level default values should be applied systematically and ex ante to combinations of countries and goods defined as being at high risk of abusive practices, notably resource shuffling. To identify the combinations of goods and countries at high risk of abusive practices, the Commission should evaluate three main indicators: the ability to circumvent measures, the third country’s climate ambition and the risks of voluntary public intervention to re-allocate production. |
Or. en
Amendment 74
Michalis Hadjipantela
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the evidence provided is considered insufficient, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions, default values to be applied and evidence should be designed in a proportionate manner and not place unnecessary burden on operators and importers. |
Or. en
Amendment 75
Sara Matthieu
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt, within three months of the finding, delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. The delegated acts may also include other measures aimed at reducing the risk of abusive practices, such as a time-limited suspension of the possibility to use actual emissions and a requirement to use default values for a combination of goods and origin. |
Or. en
Amendment 76
Dimitris Tsiodras
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions or default values for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission should be required to act by way of delegated acts within three months after the finding. These conditions, default values to be applied and evidence should be designed in a proportionate manner and should not place unnecessary burden on operators and importers. |
Or. en
Justification
Third countries producing primary aluminium with high embedded emissions, and therefore higher CBAM costs, could reroute their products through other countries where minimal processing occurs, allowing re-export to the EU under the lower-emission profile of secondary production. They could also simply use post-consumer scrap to manufacture CBAM goods for export to Europe. To prevent such circumvention, default values for imported unwrought aluminium, as well as aluminium used as a precursor in complex goods, should be based exclusively on the primary production route for all countries. Where a country has no primary aluminium production, the default value should instead reflect the global average emissions of primary aluminium production.
Amendment 77
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Daniel Buda
Proposal for a regulation
Recital 14
| Text proposed by the Commission | Amendment |
|---|---|
| (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the Commission finds sufficient evidence pointing towards a high risk of abusive practices, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions and evidence should be designed in a proportionate manner and they should not place unnecessary burden on operators and importers. | (14) To enable a swift reaction in the case of evidence pointing towards a high risk of abusive practices, the Commission should be empowered to adopt delegated acts to lay down, for the use of actual emissions or default values for a combination of goods and origins, the information to be declared as well as the evidence demonstrating that such abusive practices have not materialised. Where the evidence provided is considered insufficient, the Commission should be required to act by way of delegated acts within three months after the finding. These conditions, default values to be applied and evidence should be designed in a proportionate manner and should not place unnecessary burden on operators and importers. |
Or. en
Amendment 78
Sigrid Friis, Stine Bosse
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) With a view to ensuring that operators in third countries are not subject to the application of default values for longer than necessary where abusive practices have ceased, the continued use of default values should be subject to regular assessment. In particular, the Commission should assess on an annual basis whether the conditions justifying the application of default values continue to be met, by monitoring the carbon cost exposure applicable in the country to which those default values apply. Where that country qualifies as a market economy and where operators in the relevant sectors are subject to carbon costs at least equivalent to 75 % of those resulting from the Union’s Emissions Trading System in the relevant year, that threshold should be 75 % from 2026 to 2029, 85 % from 2030 to 2034, 95 % from 2035 to 2039, and 100 % from 2040 onwards. Where that threshold is met, that country should no longer be subject to punitive default values and operators should be allowed to determine embedded emissions on the basis of actual emissions, in accordance with Regulation (EU) 2023/956. |
Or. en
Justification
Maintaining default values after abusive practices have ceased would weaken the incentive for third countries and their operators to decarbonise, as the CBAM charge would no longer reflect improvements in actual emissions performance. Where operators already face a meaningful domestic carbon cost, the incentive to engage in abusive practices will significantly reduce, allowing the environmental integrity of CBAM to be preserved, rather than becoming a trade-restrictive tool.
Amendment 79
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont, Daniel Buda
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Because of the unique carbon cost burden on scrap prices that will affect only European transactions and European producers, a single default value should be applied to all unwrought aluminium uniformly, regardless of whether it contains pre- or post-consumer scrap. This default value should be based on the average CO₂ intensity of primary aluminium production in the country of smelting, without differentiation between primary and secondary production routes. The proposed single default value system would simplify the CBAM, facilitate its extension to downstream products, and prevent competitive distortions between European producers and importers. |
Or. en
Amendment 80
Michalis Hadjipantela
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Because of the unique carbon cost burden on scrap prices that will affect only European transactions and European producers, a single default value shall be applied to all unwrought aluminium uniformly, regardless of whether it contains pre- or post-consumer scrap. This default value should be based on the average CO₂ intensity of primary aluminium production in the country of smelting, without differentiation between primary and secondary production routes. The proposed single default value system would simplify the CBAM, facilitate its extension to downstream products, and prevent competitive distortions between European producers and importers. |
Or. en
Amendment 81
Dimitris Tsiodras
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Because of the unique carbon cost burden on scrap prices that will affect only European transactions and European producers, a single default value shall be applied to all unwrought aluminium uniformly, regardless of whether it contains pre- or post-consumer scrap. This default value should be based on the average CO₂ intensity of primary aluminium production in the country of smelting, without differentiation between primary and secondary production routes. The proposed single default value system would simplify the CBAM, facilitate its extension to downstream products, and prevent competitive distortions between European producers and importers. |
Or. en
Justification
The proposed single default value system would simplify CBAM, facilitate its extension to downstream products, and prevent competitive distortions between European producers and importers.
Amendment 82
Daniel Buda
Proposal for a regulation
Recital 14 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (14a) Given the specific carbon cost burden reflected in scrap prices in the Union, which affects transactions and producers in Europe, a single default value should be applied uniformly to the raw/unprocessed aluminium used as a precursor in goods listed in Annex I, regardless of whether it contains pre-consumer or post-consumer scrap. That default value should be based on the average CO₂ emission intensity for primary aluminium production in the country of smelting/production. In the absence of primary production in the country declared, the global average for primary aluminium production should be used. |
Or. ro
Amendment 83
Katri Kulmuni
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be required to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, the evidence shall be required as part of the CBAM declaration. Iron and steel products falling under customs code 7205 meet the criterion of elevated heterogeneity. They shall therefore be covered by this provision, and CBAM declarants shall be required to demonstrate the installation of “melt and pour” through a mill certificate issued by the original steel producer. Such certificate shall identify the relevant heat number and include the technical and production information necessary to ensure traceability of the steel’s origin. For the purposes of this provision, “melt and pour” shall refer to the initial site at which crude iron and steel are first produced in liquid form in a steelmaking or ironmaking furnace and subsequently cast into their first solid state. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. |
Or. en
Justification
The implementation of the traceability requirements should be accelerated and applied as fast as possible for steel and steel products on the basis of the mill test certificate in order to identify the installation where the steel was melted and poured.
Amendment 84
Susana Solís Pérez
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be required to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, the evidence shall be required as part of the CBAM declaration. The iron and steel products as of customs code 7205 fulfil this condition of higher heterogeneity. Therefore, they shall be included in this provision and CBAM declarants shall be requested to provide evidence on the installation of “melt and pour” by means of a mill certificate issued by the original steel producer, identifying the corresponding heat number and containing the technical and production data necessary to trace the origin of steel. The installation of “melt and pour” shall be the original location in which raw steel and iron is initially produced in liquid form within a steelmaking or iron making furnace and subsequently cast into its first solid state. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided |
Or. en
Amendment 85
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be required to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, the evidence shall be required as part of the CBAM declaration. The iron and steel products as of customs code 7205 fulfil this condition of higher heterogeneity. Therefore, they shall be included in this provision and CBAM declarants shall be requested to provide evidence on the installation of “melt and pour” by means of a mill certificate issued by the original steel producer, identifying the corresponding heat number and containing the technical and production data necessary to trace the origin of steel. The installation of “melt and pour” shall be the original location in which raw steel and iron is initially produced in liquid form within a steelmaking or iron making furnace and subsequently cast into its first solid state. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided |
Or. en
Amendment 86
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence shall be required as part of the CBAM declaration. Iron and steel products under customs code 7205 are considered to exhibit a higher degree of heterogeneity. As such, they should be covered by this provision, and CBAM declarants should be required to submit evidence of the “melt and pour” stage through a mill certificate issued by the original steel producer. This certificate must identify the relevant heat number and include the technical and production information needed to trace the steel’s origin. For the purposes of this provision, “melt and pour” refers to the initial stage of steel or iron production in which the raw material is first melted in a furnace and then cast into its initial solid form. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. |
Or. en
Justification
The introduction of traceability requirements should be expedited and applied as soon as possible to steel and steel products, based on the mill test certificate, in order to identify the installation where the steel was melted and cast.
Amendment 87
Sigrid Friis, Stine Bosse
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and during the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. |
Or. en
Amendment 88
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Daniel Buda
Proposal for a regulation
Recital 16
| Text proposed by the Commission | Amendment |
|---|---|
| (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be allowed to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, or only in certain cases, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. | (16) To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions, the Commission and the competent authority should be required to request the authorised CBAM declarant to provide evidence that the imported goods were produced in the declared installation, and for the declared production period. For certain goods, such as those subject to a higher heterogeneity of emission intensities, the evidence should be required as part of the CBAM declaration. The Commission should be empowered to adopt implementing acts to identify the goods for which such evidence should be required as part of the CBAM declaration as well as the specific type of evidence to be provided. |
Or. en
Amendment 89
Sigrid Friis, Stine Bosse
Proposal for a regulation
Recital 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (16a) There is a risk that certain third countries may establish domestic carbon pricing mechanisms with a level of ambition comparable in form, but not in substance, to that of the Union, with the primary objective of avoiding the payment of charges under the CBAM. In particular, there is a risk that revenues generated under such mechanisms may be redistributed to covered installations or operators without being subject to clear decarbonisation conditions. Such carbon pricing mechanisms that recycle revenues back to installations without effectively contributing to emission reductions or the transformation of production processes should therefore not be considered equivalent to the Union’s carbon pricing framework for the purposes of this Regulation. Any assessment of such mechanisms should be based on verifiable information demonstrating that the carbon price has been effectively borne by the operator concerned and that any revenues redistributed to installations are subject to binding conditions linked to electrification or broader emissions reductions. Where this cannot be verified, default values reflecting the absence of an effective carbon price should apply, in line with the approach taken for embedded emissions. Consequently, such mechanisms should not give rise to a reduction or discount in the CBAM obligations applicable to imported goods, in order to preserve the environmental integrity and effectiveness of the CBAM in preventing carbon leakage |
Or. en
Justification
There is a risk that third countries may introduce explicit carbon pricing mechanisms that appear comparable to the EU ETS, while redistributing the revenues back to covered installations without binding decarbonisation conditions. This would undermine the price signal and weaken the environmental effect of the mechanism. To preserve the integrity of CBAM, reductions in CBAM obligations should only be granted where the carbon cost has been effectively borne and has a credible impact on emissions reduction or production transformation. Where substantial carbon costs do not result in any observable decarbonisation behaviour, this may indicate circumvention and should justify the application of safeguards.
Amendment 90
Dimitris Tsiodras
Proposal for a regulation
Recital 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (16a) If a risk of significant harm to the domestic value chain of a strategic raw material as defined in Regulation (EU) 2024/1252 is identified, the Commission should be empowered to temporarily exclude that sector, in its entirety, from the scope of Regulation (EU) 2023/956. Such exclusion should be time-limited to a period of five years, renewable as long as the risk persists, or subject to earlier reassessment in light of relevant developments, including the implementation of equivalent carbon pricing mechanisms, such as national emissions trading systems linked to the EU ETS, in the third country or countries concerned. Before the expiry of this period, the Commission should reassess the situation and adopt appropriate measures, including the possible reinstatement of the sector within the scope of Regulation (EU) 2023/956. |
Or. en
Justification
If the value chain of strategic and critical raw materials, necessary for European Strategic autonomy, are facing unexpected harm due to CBAM putting at stake European production, the whole sector should be removed from the CBAM (Regulation 2023/956). As recognised critical and strategic by the Critical Raw Materials Act (Regulation (EU) 2024/1252), it is essential that any detrimental impact of the CBAM on the aluminium value chain can be stopped as soon as possible. The main objective will be to protect European aluminium production and its strategic autonomy linked to its procurement of a recognised critical and strategic raw material. To ensure the mechanism is used in fair way the break should be limited to 5 years, renewable as long as the risk persists, and should integrate a mechanism to reassess the evolution of the situation.
Amendment 91
Michalis Hadjipantela
Proposal for a regulation
Recital 16 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (16a) If a risk of significant harm to the domestic value chain of a strategic raw material as defined in Regulation (EU) 2024/1252 is identified, the Commission should be empowered to temporarily exclude that sector, in its entirety, from the scope of Regulation (EU) 2023/956. Such exclusion should be time-limited to a period of five years, renewable as long as the risk persists, or subject to earlier reassessment in light of relevant developments, including the implementation of equivalent carbon pricing mechanisms, such as national emissions trading systems linked to the EU ETS, in the third country or countries concerned. Before the expiry of this period, the Commission should reassess the situation and adopt appropriate measures, including the possible reinstatement of the sector within the scope of Regulation (EU) 2023/956. |
Or. en
Amendment 92
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18a) Least Developed Countries (LDCs) have contributed minimally to global greenhouse gas emissions and lack the financial, technical and institutional capacity required to comply with complex monitoring, reporting and verification obligations. It is therefore appropriate that the CBAM reflects countries’ development levels and decarbonisation capacities through differentiated obligations, in line with the principle of common but differentiated responsibilities and respective capabilities, while still retaining reliable reporting information. |
Or. en
Amendment 93
Karin Karlsbro, Emma Wiesner
Proposal for a regulation
Recital 18 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (18a) Plastics and basic petrochemicals are among the most carbon-intensive industrial products, with emissions arising both from energy use and fossil feedstocks. Their exclusion from the scope of Regulation (EU) 2023/956 risks undermining its effectiveness and creating carbon leakage. Including such products in Annex I of that Regulation is necessary to fight carbon leakage, ensure a level playing field and to incentivise the transition towards low-carbon and circular production pathways. |
Or. en
Amendment 94
Massimiliano Salini, Letizia Moratti
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | deleted |
Or. en
Amendment 95
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | deleted |
Or. en
Justification
The inclusion of aluminium and steel pre-consumer scrap as a CBAM precursor risks undermining circularity business models. Since EU scrap already faces EU ETS costs, the measure would apply only to extra-EU scrap, incentivising foreign producers to use EU scrap and increasing EU exports. The proposal should therefore be rejected.
Amendment 96
Michalis Hadjipantela
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre- and post-consumer consumer aluminium scrap and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre- and post-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. Aluminium scrap should therefore be considered on an equal basis and bear an equal CBAM cost given the impossibility of consistently verifying at the installation level the scrap content in aluminium precursors and complex goods, as well as the unique carbon cost burden on scrap prices that will affect only European transactions, thereby undermining the competitiveness of European producers. |
Or. en
Amendment 97
Dimitris Tsiodras
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre- and post-consumer aluminium scrap and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre- and post-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. Aluminium scrap should therefore be considered on an equal basis and bear an equal CBAM cost given the impossibility of consistently verifying at the installation level the scrap content in aluminium precursors and complex goods, as well as the unique carbon cost burden on scrap prices that will affect only European transactions, thereby undermining the competitiveness of European producers. |
Or. en
Justification
In imported products, pre- and post-consumer aluminium scrap used as precursor originating from countries without a carbon pricing mechanism equivalent and fully linked to the EU ETS does not bear an equivalent carbon cost and therefore should not be exempted from CBAM cost. The inclusion of post-consumer scrap should be assessed in regard to CBAM objectives, meaning carbon leakage. Post-consumer scrap therefore needs to be included as precursor to ensure a level playing field. Aluminium scrap prices are closely correlated to the primary aluminium prices and therefore carry an element of carbon cost in the Union. In addition, unwrought aluminium cannot be distinguished between primary, pre-consumer scrap and post-consumer scrap. The high risk of harm to the competitiveness of domestic producers and circumvention through misdeclaration remains unless all unwrought aluminium used as a precursor is considered on an equal basis under CBAM.
Amendment 98
Massimiliano Salini, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre- and post-consumer aluminium scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre- and post-consumer aluminium as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. Aluminium scrap should therefore be considered on an equal basis and bear an equal CBAM cost given the impossibility of consistently verifying at the installation level the scrap content in aluminium precursors and complex goods, as well as the unique carbon cost burden on scrap prices that will affect only European transactions, thereby undermining the competitiveness of European producers. |
Or. en
Amendment 99
Daniel Buda
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. For aluminium, the distinction between pre-consumer scrap and post-consumer scrap should not lead to a lessening of the CBAM obligation when this distinction cannot be reliably verified and creates risks of circumvention, resource shuffling or distortion of competition. In such cases, the Commission should be able to apply a single default value for aluminium, irrespective of the scrap content declared. |
Or. ro
Justification
The amendment prevents the declared-only and unverifiable use of scrap content to artificially reduce the CBAM obligation.
Amendment 100
Claudiu-Richard Târziu
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using such scrap as input material may be subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. For the aluminium and steel sectors, the differentiation between pre-consumer and post-consumer scrap needs to be subject to strict verification requirements in order to prevent misreporting, trade diversion, declaration manipulation and distortions of competition. |
Or. ro
Amendment 101
Radan Kanev
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, and since a comparable circumvention risk may arise for imported goods using post-consumer aluminium scrap where its declared use artificially lowers embedded emissions or avoids an equivalent carbon price, imported goods using such scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. |
Or. en
Amendment 102
Susana Solís Pérez
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union. |
Or. en
Amendment 103
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union. |
Or. en
Amendment 104
Katri Kulmuni
Proposal for a regulation
Recital 19
| Text proposed by the Commission | Amendment |
|---|---|
| (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium and pre-consumer steel scrap under Regulation (EU) 2023/956 are assigned zero-emissions, imported goods using pre-consumer aluminium and pre-consumer steel scrap as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. | (19) Emissions from the production of pre-consumer scrap in the Union are subject to a carbon price since, under the EU ETS, emissions are measured at installation level. Since pre-consumer aluminium scrap under Regulation (EU) 2023/956 is assigned zero-emissions, imported goods using pre-consumer aluminium as input material are subject to a lower carbon price compared to goods produced in the Union, thus weakening the effectiveness of the CBAM in addressing the risk of carbon leakage of goods listed in Annex I. |
Or. en
Justification
Excluding scrap from CBAM would remove unnecessary barriers to recycling, protect EU recyclers from competitive distortions, and reinforce the economic incentives that make circular material use attractive. This directly supports the EU’s climate and circular economy objectives by ensuring that recycled materials remain the most cost‑effective and accessible option.
Amendment 105
Alexander Bernhuber
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | deleted |
Or. en
Justification
Scrap generated from steel or aluminium produced within the EU was typically already subject to the EU ETS 1 at the production stage. This means that scrap generated within the EU from EU production will be preferred by manufacturers in third countries for the production of goods destined for export to the EU. If manufacturers in third countries were also required to report on embedded emissions from scrap not originating from EU production, their CO2 pricing would become more expensive. This would further exacerbate the already strained scrap market to the detriment of EU manufacturers of steel or aluminium products, without making any contribution to climate protection.
Amendment 106
Massimiliano Salini, Letizia Moratti
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | deleted |
Or. en
Amendment 107
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | deleted |
Or. en
Justification
The inclusion of aluminium and steel pre-consumer scrap as a CBAM precursor risks undermining circularity business models. Since EU scrap already faces EU ETS costs, the measure would apply only to extra-EU scrap, incentivising foreign producers to use EU scrap and increasing EU exports. The proposal should therefore be rejected.
Amendment 108
Susana Solís Pérez
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to providing more evidence with regard to this subject, the Commission should conduct a detailed impact assessment on the use of pre- and post-consumer steel scrap by third countries’ producers in cooperation with the Union industry. The Commission should ensure that the monitoring, reporting and verification of the consumption of pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap. |
Or. en
Amendment 109
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to providing more evidence with regard to this subject, the Commission should conduct a detailed impact assessment on the use of pre- and post-consumer steel scrap by third countries’ producers in cooperation with the Union industry. The Commission should ensure that the monitoring, reporting and verification of the consumption of pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap. |
Or. en
Amendment 110
Michalis Hadjipantela
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that CBAM obligations for pre- and post-aluminium scrap used as input material (precursor) are not circumvented, including by using scrap to lower the determination of embedded emissions. Given the high risk to the competitiveness of domestic producers and the potential for abusive practices, the Commission should be empowered to apply a single default value based on the most carbon-intensive production route in the country of origin, regardless of the product’s scrap content. |
Or. en
Amendment 111
Sara Matthieu
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. To prevent the risk that pre-consumer scrap is misreported as post-consumer scrap to lower the determination of embedded emissions, an importer declaring the use of post-consumer scrap should provide evidence that an on-site verification of the material used has taken place and has confirmed that the material used is post-consumer scrap. The Commission should continuously monitor practices of circumvention in relation to scrap and, if the requirement to provide evidence is found to be insufficient to address those practices, the Commission should propose additional anti-circumvention measures. |
Or. en
Amendment 112
Massimiliano Salini, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre- and post-consumer aluminium scrap should be taken into account for the calculation of embedded emissions of goods. For aluminium, given the high risk to the competitiveness of domestic producers and the potential for abusive practices, the Commission should be empowered to apply a single default value based on the most carbon-intensive production route in the country of origin, regardless of the product’s scrap content. |
Or. en
Amendment 113
Claudiu-Richard Târziu
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. In the case of aluminium, the Commission should be able to apply a single default value, irrespective of the declared content of pre-consumer or post-consumer scrap, when reliable verification of these elements is not possible or when there are high risks of abusive practices, commercial re-routing or declaration manipulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in scrap used as input material is not circumvented, including by misreporting the nature or origin of the scrap to lower the determination of embedded emissions. |
Or. ro
Amendment 114
Radan Kanev
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in scrap used as input material (precursor) is not circumvented. |
Or. en
Amendment 115
Martin Hojsík, Jeannette Baljeu
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in scrap used as input material (precursor) is not circumvented. |
Or. en
Justification
The amendment aims to close the aluminium scrap loophole and prevents circumvention risks with negative effect on the European industry.
Amendment 116
Katri Kulmuni
Proposal for a regulation
Recital 20
| Text proposed by the Commission | Amendment |
|---|---|
| (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap and pre-consumer steel scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. | (20) With a view to strengthening the effectiveness of the CBAM to address the risk of carbon leakage of goods, emissions of pre-consumer aluminium scrap should be taken into account for the calculation of embedded emissions of goods. Since pre-consumer scrap is a co-product generated unintentionally in the production process of metal goods and immediately reusable in a production process, it is not considered at risk of carbon leakage in its own right. Therefore, the emissions of pre-consumer aluminium scrap should only be taken into account when used as a precursor for goods listed in Annex I of this Regulation. The Commission should ensure that the monitoring, reporting and verification of emissions embedded in pre-consumer scrap used as input material (precursor) is not circumvented, including by misreporting pre-consumer scrap as post-consumer scrap to lower the determination of embedded emissions. |
Or. en
Amendment 117
Daniel Buda
Proposal for a regulation
Recital 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) In order to avoid double counting of emissions, internal aluminium scrap generated and re-used via remelting within the same installation or integrated production process without being placed on the market shall not be treated in a way that results in a new attribution of emissions for the same material content for the purpose of determining the embedded emissions under this Regulation. |
Or. ro
Justification
This clarification will avoid the double counting of emissions and safeguard the efficient industrial practices compatible with the circular economy.
Amendment 118
Claudiu-Richard Târziu
Proposal for a regulation
Recital 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) In order to avoid double counting of emissions, domestic aluminium and steel scrap generated and reused by remelting within the same installation or integrated industrial process without being placed on the market should not be treated in a way that results in a new attribution of emissions for the same material content for the purpose of determining the embedded emissions. |
Or. ro
Justification
Preventing the double counting of emissions for reused domestic scrap will safeguard the competitiveness of integrated producers and support resource efficiency in line with the principles of the circular economy.
Amendment 119
Sara Matthieu
Proposal for a regulation
Recital 20 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (20a) The Commission should define risk indicators or thresholds for practices of circumvention and abusive practices that should trigger increased scrutiny by the Commission and Member State authorities. |
Or. en
Amendment 120
Sara Matthieu
Proposal for a regulation
Recital 20 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (20b) The implementing acts concerning the standard format of the CBAM declaration should require the declarant to provide accurate information on each step of the production chain. They should require the provision of chain-of-custody documentation. |
Or. en
Amendment 121
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | deleted |
Or. en
Amendment 122
Michalis Hadjipantela
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | deleted |
Or. en
Amendment 123
Katri Kulmuni
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | deleted |
Or. en
Amendment 124
Sara Matthieu
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | deleted |
Or. en
Amendment 125
Pascal Canfin, Gerben-Jan Gerbrandy, Emma Wiesner, Sigrid Friis, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | deleted |
Or. en
Amendment 126
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | (21) To further the objectives of Regulation (EU) 2023/956, the Union should, in the context of the Implementing Regulation on carbon price paid in a third country, consider dual carbon pricing schemes, whereby exports covered by the CBAM are subjected to a carbon export tax in addition to the carbon price paid in that country, up to the difference between the carbon price paid in that country and the EU ETS carbon price, to be a ‘carbon price effectively paid’ within the meaning of Article 9(1) of that Regulation. This would improve political and public acceptance of the CBAM among trading partners and incentivise the adoption of carbon pricing schemes in third countries. The Commission may, in its engagements with partner countries, encourage the use of the revenues from the carbon export tax for the decarbonisation of industrial processes in that country, thereby advancing global industrial decarbonisation in sectors covered by CBAM. |
Or. en
Amendment 127
Claudiu-Richard Târziu
Proposal for a regulation
Recital 21
| Text proposed by the Commission | Amendment |
|---|---|
| (21) To facilitate the application of Regulation (EU) 2023/956, the Union may in the context of the Implementing Regulation for accounting the carbon price paid abroad, consider the carbon credits under Article 6 of the Paris Agreement. | (21) To ensure consistency between Regulation (EU) 2023/956 and the EU ETS, carbon credits under Article 6 of the Paris Agreement should not be recognised for the purpose of lessening the CBAM obligation, unless such recognition is expressly provided for in Union carbon pricing legislation in an equivalent manner. |
Or. ro
Justification
It should not be possible for importers to benefit from possibilities to reduce the CBAM obligation that are not available to European producers under the EU ETS.
Amendment 128
Peter Liese
Proposal for a regulation
Recital 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (21a) Despite the introduction of a new de minimis, European small- and medium-sized enterprises (SMEs) still face many problems regarding the implementation of CBAM. Consequently, the Commission should review the burden for SMEs, taking into account the availability of data along international supply chains, SMEs’ potential dependencies on default values, the extension of CBAM to downstream goods, bottlenecks for verifiers, difficulties in properly calculating CBAM costs in contracts for the coming years and the lack of sufficient information. Based on these findings, the Commission should propose legislative acts to amend this Regulation if appropriate, update Commission’s guidance documentation, and improve the transfer of information via member states’ CBAM authorities as well as to third countries and other flexibilities in the CBAM implementation as regards small- and medium-sized enterprises. |
Or. en
Amendment 129
Katri Kulmuni
Proposal for a regulation
Recital 21 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (21a) It should be clarified that the discount of a carbon price effectively paid under the CBAM consists of a monetary amount, not an amount of emissions. Therefore, only the actual price paid, based on certified evidence, could in any event be taken into account in view of establishing a reduction in the CBAM liability. |
Or. en
Justification
To ensure that the clarification already made in the explanation section, namely that CBAM reductions can rely only on the actual, certified monetary carbon cost paid abroad, is more formally reflected in the proposal.
Amendment 130
Karin Karlsbro, Emma Wiesner
Proposal for a regulation
Recital 30 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (30a) In order to ensure a smooth transition and avoid disproportionate impacts on industrial value chains, the inclusion of plastics and petrochemicals should be subject to a gradual phase-in. |
Or. en
Amendment 131
Sara Matthieu
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
|---|---|
| (32) For certain goods, such as the clinker content of cement, the nitrogen content of fertilisers or the alloying elements of steel, the material and chemical compositions of the good is an important determining factor of the embedded emissions. To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions for certain goods that are subject to a higher heterogeneity of emission intensities, the Commission should be empowered to adopt implementing acts to identify the material and chemical compositions of a good in the customs declaration. | (32) For certain goods, such as the clinker content of cement, the nitrogen content of fertilisers or the alloying elements of steel, the material and chemical compositions of the good is an important determining factor of the embedded emissions. To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions for certain goods that are subject to a higher heterogeneity of emission intensities, the Commission should be empowered to adopt implementing acts to identify the material and chemical compositions of a good in the customs declaration, rules for laboratory sampling procedures to be carried out by national custom authorities, as well as the requirement to declare TARIC codes in addition to CN codes. |
Or. en
Amendment 132
Daniel Buda
Proposal for a regulation
Recital 32
| Text proposed by the Commission | Amendment |
|---|---|
| (32) For certain goods, such as the clinker content of cement, the nitrogen content of fertilisers or the alloying elements of steel, the material and chemical compositions of the good is an important determining factor of the embedded emissions. To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions for certain goods that are subject to a higher heterogeneity of emission intensities, the Commission should be empowered to adopt implementing acts to identify the material and chemical compositions of a good in the customs declaration. | (32) For certain goods, such as the clinker content of cement or the alloying elements of steel, the material and chemical compositions of the good is an important determining factor of the embedded emissions. To address the risk of misdeclaration of the embedded emissions determined on the basis of actual emissions for certain goods that are subject to a higher heterogeneity of emission intensities, the Commission should be empowered to adopt implementing acts to identify the material and chemical compositions of a good in the customs declaration. |
Or. ro
Amendment 133
Sara Matthieu
Proposal for a regulation
Recital 36
| Text proposed by the Commission | Amendment |
|---|---|
| (36) To prevent practices which could undermine the achievement of the objectives of the CBAM, the Commission should continuously monitor at Union level practices of circumvention consisting of artificially adjusting the supply chain of goods to avoid the obligations laid down in Regulation (EU) 2023/956. | (36) The Commission should continuously monitor at Union level practices of circumvention consisting of artificially adjusting the supply chain of goods to avoid the obligations laid down in Regulation (EU) 2023/956. To prevent such practices, the Commission should be empowered to adopt delegated acts to temporarily apply the default values or actual emissions for the third country where most of the production takes place in terms of input material (precursors) contained in the imported goods, or to temporarily apply the default values or actual emissions of the third country where production used to originate from before the artificial adjustment of the supply chain started, or in the case of complex goods, to temporarily apply global default values per good. |
Or. en
Amendment 134
Sara Matthieu
Proposal for a regulation
Recital 36 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (36a) In its CBAM review report from December 2025 (report COM(2025) 783 final), the Commission concluded that, notwithstanding the exceptional circumstances resulting from Russia’s war of aggression against Ukraine, the application of CBAM to goods originating in Ukraine does not, at this stage, have a significant adverse impact on Ukraine’s economy or its capacity to recover. Consequently, no provisional measures amending the application of CBAM to Ukrainian goods are warranted. At the same time, the Commission underlined its commitment to accompanying Ukraine through facilitative measures fully embedded in the CBAM framework, including simplification of reporting requirements, the use of actual emission data, the future availability of default carbon prices, and continued support for the development of robust MRV and carbon pricing systems. As the CBAM price started to apply in January 2026, the Commission should closely and continuously monitor the actual impact of the CBAM on the Ukrainian economy, and continue structured dialogue with all relevant institutions on CBAM implementation and on possible special conditions for Ukrainian producers. |
Or. en
Amendment 135
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 36 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (36a) Given that the CBAM is a global instrument, with consequences potentially for all trading partners, the Commission should regularly monitor the impacts that CBAM implementation specifically on developing countries, particularly on LMICs and LDCs, in order to evaluate the efficiency of Regulation (EU) 2023/956 and avoid any unintended impacts. This is a core part of responsible CBAM implementation, structured engagement with third countries, and ensuring the future-proofing of the CBAM as an effective climate instrument. A thorough and dedicated impact report is necessary for developing countries in particular due to the capacity constraints of many developing countries and the historic responsibility of developed countries. It is also noteworthy that different concerns have been raised by many developing countries in relation to the CBAM implementation, and these can develop over time and must be studied thoroughly. |
Or. en
Amendment 136
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | deleted |
Or. en
Amendment 137
Pascal Canfin, Gerben-Jan Gerbrandy, Sigrid Friis, Jeannette Baljeu, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | deleted |
Or. en
Amendment 138
Alexander Bernhuber, Maria Walsh, Céline Imart
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | (37) To enable a swift reaction in the case of serious consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Union supply chains or the Union's food autonomy and security, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. |
Or. en
Amendment 139
Michalis Hadjipantela
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | (37) To enable a swift reaction in the case of serious and unforeseeable consequences or detrimental competitiveness impacts from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. If a good from the value chain of a strategic sector, as defined in Regulation (EU) 2024/1252, is facing the above-mentioned serious and unforeseeable consequences or detrimental competitiveness impacts, the Commission should be empowered to remove the sector as a whole from the scope of Regulation (EU) 2023/956 and free allocation should be granted again for the production of those goods, in line with Article 10a of Directive 2003/87/EC. |
Or. en
Amendment 140
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956 for a period not exceeding 12 months due to serious and unforeseen circumstances which could not reasonably have been anticipated at the time of inclusion, and only as a measure of last resort where no effective and less restrictive alternatives exist. |
Or. en
Amendment 141
Claudiu-Richard Târziu
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, industrial competitiveness or European strategic value chains, the Commission should be empowered to adopt delegated acts to temporarily remove a good from the scope of Regulation (EU) 2023/956. Such a measure should be exceptional, proportionate, limited in time and used only as a last resort, based on objective and verifiable evidence. |
Or. ro
Justification
The introduction of clear safeguards for the use of the safeguard mechanism will ensure that European strategic industries are protected from the disproportionate economic effects of the extension of the CBAM, while maintaining the stability and predictability of the regulatory framework.
Amendment 142
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Recital 37
| Text proposed by the Commission | Amendment |
|---|---|
| (37) To enable a swift reaction in the case of serious and unforeseeable consequences from the inclusion of a good in the scope of the CBAM, leading to severe harm to the Union internal market, the Commission should be empowered to adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. | (37) To enable a swift and effective reaction where the inclusion of a good in the scope of the CBAM leads to serious harm to the Union internal market or to the viability of a specific Union sector, including the agricultural sector, the Commission should adopt delegated acts to remove a good from the scope of Regulation (EU) 2023/956. An increase in the average Union price of more than 8% compared to the average price of the previous year should be considered to constitute serious harm to the internal market. |
Or. en
Amendment 143
Billy Kelleher, Barry Cowen, Cynthia Ní Mhurchú
Proposal for a regulation
Recital 37 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (37a) CBAM operates in a complex and evolving international trade environment in which the economic consequences of including particular goods in its scope may change significantly. It is therefore essential that the Commission exercises the power conferred upon it under Article 27a to adopt delegated acts to remove a good from that scope promptly and without undue procedural delay where serious harm to the Union internal market is identified. |
Or. en
Amendment 144
Karin Karlsbro, Katri Kulmuni, Emma Wiesner
Proposal for a regulation
Recital 38 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (38a) Products with high levels of verified recycled content should benefit from a reduced CBAM obligation in order to incentivise circular economy practices. |
Or. en
Amendment 145
Karin Karlsbro, Emma Wiesner
Proposal for a regulation
Recital 38 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (38b) Plastics produced from sustainable biomass or captured carbon dioxide can significantly reduce lifecycle emissions and should be incentivised. |
Or. en
Amendment 146
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. | (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the parallel progressive phase-in of the CBAM in accordance with Article 10a(1a), second subparagraph, of Directive 2003/87/EC, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. |
| 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). | 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). |
Or. en
Amendment 147
Sara Matthieu
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. | (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will decrease, thanks to the decarbonisation of production processes, and may partly shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. |
| 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). | 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). |
Or. en
Amendment 148
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. | (39) Considering the increased electricity prices and the volatility of carbon pricing, the Commission should urgently present a review of Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), with a view to maintaining the full allocation of free allowances for CBAM goods. At the same time, it is necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain in order to address the risk of carbon leakage that is likely to shift from the upstream sectors currently covered by the CBAM to downstream products. |
| 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). | 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). |
Or. en
Amendment 149
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 39
| Text proposed by the Commission | Amendment |
|---|---|
| (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. | (39) With the progressive phase-out of transitional free allocation of allowances under Directive 2003/87/EC of the European Parliament and of the Council11 , which establishes a system for greenhouse gas emission allowance trading within the Union (‘EU ETS’), and the progressive phase-in of the CBAM, the risk of carbon leakage will likely shift from the upstream sectors currently covered by the CBAM to downstream products. To preserve the effectiveness of the objectives of the CBAM, and only after a detailed assessment, it is therefore necessary to extend the scope of Regulation (EU) 2023/956 to products further down the value chain. |
| 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). | 11 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32, ELI: http://data.europa.eu/eli/dir/2003/87/oj). |
Or. en
Amendment 150
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (39a) While the CBAM should contribute to preserving competitiveness within the internal market, it does not address the loss of competitiveness faced by Union industries on export markets outside the Union, in particular as regards exports of CBAM goods. This situation is further exacerbated by the progressive phase-out of free allowances under the EU ETS, which increases carbon cost exposure for Union producers irrespective of the destination of their products. The Commission should therefore urgently present a comprehensive proposal to ensure a level playing field for Union exports affected by the CBAM, providing effective and durable solutions to mitigate carbon cost exposure for exports and covering all CBAM goods, including both direct producers and downstream industries, as well as sectors not formally covered by the CBAM but relying on CBAM goods as inputs. |
Or. en
Amendment 151
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (39a) While the CBAM aims to safeguard the competitiveness of Union industry, it may also generate unintended cost pressures for downstream strategic sectors whose complex final products fall outside its scope, thereby exposing them to unfair competition from third-country producers. This risk is particularly relevant where Union supply of raw materials is insufficient or where price differentials undermine industrial competitiveness. A coherent, supply-chain-based approach is therefore necessary to prevent distortions across industrial ecosystems and to avoid disadvantaging strategic sectors such as shipbuilding, which depend on secure and competitively priced steel. In this context, the Union should assess appropriate mitigating measures where the application of the CBAM affects the availability or affordability of essential inputs. |
Or. en
Justification
The shipbuilding sector is highly steel-intensive and exposed to strong international competition from countries with lower carbon costs, creating a risk of carbon leakage. Since CBAM covers upstream steel but not downstream shipbuilding, there is a risk of relocation and circumvention along the value chain. Including shipbuilding-related products would ensure a more coherent CBAM, protect EU shipyards, and preserve a level playing field.
Amendment 152
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello
Proposal for a regulation
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (39a) The Commission should, pursuant to Article 10(5) of Directive 2003/87/EC and Article 30(6) of Regulation (EU) 2023/956, present a proposal preventing the carbon leakage risk on export markets on a permanent basis with safeguards of products intended for exports. The support provided for exporters should be provided in the form of free ETS allowances for exports. If this proves impossible, any other solution should provide an equivalent level of carbon leakage protection and maintain the targeting of compensation to companies that actually export as much as possible. |
Or. en
Amendment 153
Karin Karlsbro, Emma Wiesner
Proposal for a regulation
Recital 39 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (39a) For petrochemicals and plastics, emissions from feedstocks constitute a significant share of the overall emissions of the product and should be accounted for. |
Or. en
Amendment 154
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, François-Xavier Bellamy
Proposal for a regulation
Recital 39 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (39b) The Commission should define measurable Key Performance Indicators (KPIs) on imports and Union industrial production of CBAM-covered materials and products to assess whether CBAM has the desired effect of maintaining significant production volumes (compared to a “non-CBAM scenario”) of CBAM-covered goods and products within the Union, in order to gain a competitive advantage in the expected global carbon-priced markets in the long term and measure these KPIs annually. Where the desired effect cannot be measured or is accompanied by significant adverse effects, the phase-out of free ETS allocations should be stopped. |
Or. en
Amendment 155
Nora Junco García, Diego Solier
Proposal for a regulation
Recital 40 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (40a) The Union foundry industry is structurally dependent on imports of pig iron and ferro-alloys, for which Union production capacity is currently insufficient to substitute imports in the short term. The application of the CBAM to these inputs increases the cost base of Union foundries without addressing carbon leakage at the level at which it occurs and may contribute to leakage by reducing the competitiveness of Union producers of castings relative to third-country producers of finished castings imported into the Union. These raw materials should therefore be excluded from the scope of the CBAM. The exclusion should be reviewed in the context of the biennial review of the CBAM scope, in light of the development of Union production capacity for these inputs. |
Or. en
Amendment 156
Pascal Canfin, Gerben-Jan Gerbrandy, Emma Wiesner, Jeannette Baljeu, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Recital 40 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (40a) As the extension of the CBAM to downstream products covers goods intended for final consumers, there is a risk of distortion of competition between economic operators established in the Union importing consumer goods subject to the CBAM and online platforms facilitating distance sales of the same goods from third countries, which would not be subject to equivalent obligations. This unlevel playing field creates a loophole that is liable to undermine both fair competition and the environmental integrity of the mechanism. It is therefore necessary to ensure that online platforms facilitating the importation of CBAM goods bear equivalent obligations. |
Or. en
Amendment 157
Pascal Canfin, Gerben-Jan Gerbrandy, Emma Wiesner, Jeannette Baljeu, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Recital 40 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (40b) Since online platforms are thereby already designated as importers for distance sales under the reformed Union Customs Code, whether acting in their own name or through an appointed representative assuming that status, it is appropriate to provide that such importers for distance sales, or their appointed representatives where applicable, equally assume the status of authorised CBAM declarant. In that capacity, they should be responsible for declaring the totality of aggregated imports of CBAM goods facilitated over the course of a year and for surrendering the corresponding CBAM certificates. In this case, the importer is therefore the importer for distance sales, and not the final consumer. |
Or. en
Amendment 158
Pascal Canfin, Jeannette Baljeu
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product, including their share of embedded emissions, their climate relevance and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. | (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product, including their share of embedded emissions, their climate relevance and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Those criteria should be applied in a forward-looking manner, taking into account the projected increase in the carbon price under Directive 2003/87/EC, so as to anticipate the expansion of carbon leakage risks to products that may not currently face significant competitive distortions but are likely to do so as the carbon price rises. In addition, products for which CBAM-covered inputs represent more than 85% of the total material inputs, as measured by weight or embedded emissions, should be systematically included in the scope of Regulation (EU) 2023/956, as the carbon cost associated with their production is structurally comparable to that of the CBAM goods used as precursors. Furthermore, where components or semi-finished goods are included within the scope of that Regulation, the corresponding finished goods incorporating those components as primary inputs should equally be included, in order to prevent carbon leakage through downstream processing and to avoid circumvention of the mechanism through slight product transformation. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. That report should systematically model the carbon leakage risk of candidate products at multiple future carbon price levels and assess the risk of circumvention arising from the inclusion of upstream goods without their downstream equivalents. |
Or. en
Amendment 159
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product, including their share of embedded emissions, their climate relevance and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. | (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product, including their share of embedded emissions, their climate relevance and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. Before considering any such extension, the Commission shall disclose the calculations underlying its assessment of which products should be included within the scope of such an extension. |
Or. en
Justification
While the methodology underpinning the CBAM downstream extension proposal is clearly defined, the Commission has not made the underlying calculations publicly available. This lack of transparency raises significant questions in several instances regarding the criteria used to include or exclude certain goods from the proposal.
Amendment 160
Sara Matthieu
Proposal for a regulation
Recital 41
| Text proposed by the Commission | Amendment |
|---|---|
| (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product, including their share of embedded emissions, their climate relevance and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. | (41) The selection of the downstream steel and aluminium-intensive goods should be based on clearly defined criteria and thresholds, reflecting the risk of carbon leakage associated to each product and the technical feasibility of their inclusion in the scope of Regulation (EU) 2023/956. The risk of carbon leakage should be appreciated with regards to both the tradability of the product and the comparison between the carbon cost embedded in the product’s inputs materials (precursors) and the product’s overall value added. Based on the same criteria, the Commission should in the future assess the extension of the scope of that Regulation to additional downstream goods and present its conclusions in a report to the European Parliament and to the Council. |
Or. en
Amendment 161
Nora Junco García, Diego Solier
Proposal for a regulation
Recital 41 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (41a) The downstream extension of the CBAM should capture the full range of foundry products in which iron, steel, aluminium or castings thereof are embedded. A defining feature of the foundry sector is that its products are dispersed across the Combined Nomenclature: cast components are not grouped under a single tariff heading, but distributed across multiple chapters reflecting their end-use applications, from machinery and vehicles to household and infrastructure goods. Annex I to Regulation (EU) 2023/956 currently identifies cast articles only at the four- or six-digit Combined Nomenclature level, within which eight-digit codes for foundry products are subsumed alongside products from other sectors. The Commission's proposal partially addresses this through new heading 7325 and the table on combined metal products, but a substantial number of eight-digit CN codes corresponding to foundry products remain outside the perimeter, a direct consequence of the dispersion of the sector's nomenclature. To ensure that the CBAM downstream extension delivers on its objective of preventing carbon leakage in the foundry value chain, and given the structural impossibility of covering the sector through a small number of headings, Annex I should be extended to include those additional eight-digit CN codes corresponding to foundry products, building on and complementing the codes already included by the Commission's proposal. |
Or. en
Amendment 162
Peter Liese
Proposal for a regulation
Recital 41 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (41a) Some products of the chemical industry have very complicated supply chains. That is why an inclusion of the whole chemical sector may be impossible. An inclusion of specific products such as black carbon, titanium dioxide and soda ash, however, might be easier to implement. Based on specific proposals defined in the European Critical Chemical Alliance (The Critical Chemicals Alliance - Internal Market, Industry, Entrepreneurship and SMEs), a dedicated cooperation structure of the Commission, composed of the chemical industry and relevant stakeholders, the scope of the CBAM could be expanded to specific value chains and products in the chemical industry. The analysis leading to a possible expansion of the scope should take into account the production, use and sales of substances and mixtures of Union origin, the contribution of these products to the Union’s objective of economic security, resilience and climate neutrality, the market situation at Union level, as identified through monitoring activities, including declining Union market shares and Union industry producing at below capacity and the overall competitiveness and greenhouse gas emissions of the relevant subsectors, as well as on costs for downstream consumers and small and medium enterprises and public budgets. |
Or. en
Amendment 163
Nora Junco García, Diego Solier
Proposal for a regulation
Recital 42 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (42a) The Union foundry industry supports an effective extension of the CBAM to iron and steel castings to prevent carbon leakage and ensure a level playing field vis-à-vis imports from third countries. The inclusion of foundry products within the scope of the CBAM should not, however, result in a blanket or disproportionate reduction of free allocation under the EU Emissions Trading System for installations producing both CBAM and non-CBAM goods under the same product benchmark. |
Or. en
Amendment 164
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Recital 44 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (44a) Where a downstream product is characterised by highly integrated, multi-layered global supply chains and reliable data on upstream emissions is not readily available, its inclusion within the scope of Regulation (EU) 2023/956 risks resulting in a compliance framework largely based on default values and broad estimations. In such circumstances, such products should be excluded from the scope. |
Or. en
Justification
Automotive supply chains include thousands of suppliers and components, making the tracing and verification of embedded emissions across multiple tiers practically unfeasible under current methodologies. Premature inclusion would therefore compromise both proportionality and enforceability.
Amendment 165
Katri Kulmuni, Emma Wiesner
Proposal for a regulation
Recital 45 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (45a) To ensure a coherent and effective Union carbon pricing architecture, reinforce decarbonisation incentives, and support the objective of climate neutrality by 2050, the CBAM should be progressively and consistently expanded to cover indirect emissions beyond those already included for fertilisers and cement, extending to additional sectors. In light of the divergent application of indirect cost compensation mechanisms among Member States, which may distort the uniformity of carbon pricing within the internal market, the Commission should examine relevant technical and policy options, including a phased extension of indirect emissions coverage across sectors and a coordinated gradual withdrawal of indirect cost compensation schemes, and submit a legislative proposal by the end of 2027. |
Or. en
Amendment 166
Sara Matthieu
Proposal for a regulation
Recital 46
| Text proposed by the Commission | Amendment |
|---|---|
| (46) The method used to calculate the emission factor for imported electricity should be modified so as to take into account the electricity produced from all sources, including non-fossil fuel sources. As a result, revised default values for imported electricity should be calculated and made available by the Commission. | (46) The method used to calculate the emission factor for imported electricity should be modified so as to take into account the electricity produced from all sources, including non-fossil fuel sources. Therefore, the Commission should revise and publish new default values for imported electricity. The new method will account for progress made by Union’s neighbouring countries towards the decarbonisation of their electricity mix and will incentivise further decarbonisation investments. However, the new method may also lead to an increase in overall emissions due to a generation shift from the Union towards its neighbouring countries with more carbon intensive power generation. The Commission should continuously monitor the impacts of the new method and propose new changes if appropriate. |
Or. en
Amendment 167
Sara Matthieu
Proposal for a regulation
Recital 47 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (47a) To incentivise both Union companies and third countries’ operators to decarbonise and increase the use of renewable energies, the Commission should propose expanding the CBAM scope to cover the indirect emissions of all sectors listed in Annex I to Regulation (EU) 2023/956 in parallel to the phase out of indirect cost compensation under the EU ETS and its replacement with harmonised, more effective mechanisms to support the competitiveness of EU ETS industries and shield them from high electricity prices. |
Or. en
Amendment 168
Sigrid Friis, Stine Bosse
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
|---|---|
| (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until these serious and unforeseeable circumstances have passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | deleted |
Or. en
Justification
Investor certainty depends on CBAM applying predictably to all covered sectors. Removing goods from the scope, even temporarily, would undermine the stability and effectiveness of the instrument. Retroactive removal would be particularly damaging, as it would weaken trust in the framework after investment decisions have already been made. In addition, allowing goods to be removed from CBAM would reduce incentives to invest in green alternatives and risk slowing Europe’s efforts to strengthen its competitiveness in a decarbonising global economy.
Amendment 169
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
|---|---|
| (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until these serious and unforeseeable circumstances have passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | deleted |
Or. en
Amendment 170
Sara Matthieu
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
|---|---|
| (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until these serious and unforeseeable circumstances have passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | deleted |
Or. en
Amendment 171
Radan Kanev
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
|---|---|
| (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until these serious and unforeseeable circumstances have passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of temporary and proportionate measures concerning goods listed in Annex I, where necessary due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until those serious and unforeseeable circumstances have passed. Those measures should allow the Commission, where appropriate, to temporarily reduce the number of CBAM certificates that have to be surrendered for the good concerned. In such a case, the full embedded emissions of the imported goods should still be declared, calculated and verified, but the authorised CBAM declarant would be required to surrender fewer CBAM certificates for a limited period. This should make it possible to respond to exceptional price or supply shocks without removing the good from the scope of the CBAM and without weakening the obligation to report its emissions. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States’ experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
Or. en
Amendment 172
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk
Proposal for a regulation
Recital 50
| Text proposed by the Commission | Amendment |
|---|---|
| (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market caused by serious and unforeseeable circumstances, and until these serious and unforeseeable circumstances have passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. | (50) In order to amend certain non-essential elements of Regulation (EU) 2023/956, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of removing goods from the scope of Annex I, where necessary, due to severe harm to the Union internal market or to the viability of a specific Union sector, including the agricultural sector, and until the serious harm has passed. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council should receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. |
Or. en
Amendment 173
Karin Karlsbro, Jeannette Baljeu
Proposal for a regulation
Recital 50 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (50a) Due to Russia’s ongoing war of aggression against Ukraine, operators located in Ukraine may face severe constraints in complying with verification requirements under Regulation (EU) 2023/956, including the impossibility or extreme danger of on-site verification visits. Considering Ukraine’s status as a candidate country and key trading partner of the Union and considering the exceptional circumstances arising from the ongoing war of aggression, it is appropriate to provide for temporary flexibility in verification requirements for the duration of the war, by allowing the use of previously verified emissions data. The Union should also provide targeted technical assistance to support the establishment or strengthening of domestic emissions monitoring and verification systems, with a view to facilitating compliance with this Regulation while preserving its environmental integrity. Such assistance should be available for the duration of the exceptional security situation. |
Or. en
Amendment 174
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk
Proposal for a regulation
Recital 53 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (53a) Given the current instability of geopolitical and economic conditions within and affecting the Union, and in light of persistently high energy prices that undermine the affordability and competitiveness of Union industry, the application of Regulation (EU) 2023/956 should be temporarily suspended until such conditions have demonstrably stabilised. |
Or. en
Amendment 175
Katri Kulmuni, Emma Wiesner
Proposal for a regulation
Recital 53 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (53a) Revenues generated by the CBAM should primarily contribute to addressing carbon leakage risks and supporting industrial decarbonisation, in line with the environmental objectives of the mechanism, rather than serving as a general fiscal instrument. |
Or. en
Justification
Reinforces the principle that CBAM is a climate and leakage‑prevention tool, not a revenue‑raising instrument.
Amendment 176
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk
Proposal for a regulation
Recital 53 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (53b) The EU ETS constitutes a central element of the Union climate agenda, driven by an ideological imposition of decarbonisation pathways without sufficient regard to economic feasibility and market realities. In light of increasing economic pressures on Union industries, in particular in energy-intensive sectors, and given the disproportionate costs associated with the EU ETS, which have undermined global competitiveness, created regulatory uncertainty and negatively affected investment and employment, in particular for SMEs, Directive 2003/87/EC should be repealed. Consequently, Regulation (EU) 2023/956, being intrinsically linked to the EU ETS, should also be repealed. |
Or. en
Amendment 177
Andreas Glück
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the following paragraph 2b is inserted: | |
| 'By way of derogation from paragraphs 1 and 2, this Regulation shall not apply to goods where the net weight of the goods listed in Annex I per shipment does not exceed 100 kg.' |
Or. en
Justification
The CBAM simplification through the first Omnibus replaced the 150€ threshold with a 50 tonnes per year threshold per importer. This means that now even imports of a couple of grams of goods that fall under CBAM need to be declared, signifying a massive bureaucratic burden with little climate benefit. Introducing a de minimis threshold of 100 kg of CBAM goods per shipment would reduce this burden substantially while still capturing the vast amount of embedded emissions.
Amendment 178
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 3 a – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) in paragraph 3a, the following point is added: | |
| '(ba) goods listed in Annex I destined to a strategic dual industry within the meaning of Article 3, point (35a), provided that: | |
| (i) the goods are physically incorporated as direct inputs into finished products that are not subject to this Regulation; | |
| (ii) equivalent goods meeting the required technical specifications, including applicable certification and classification standards within the meaning of Article 3, point (35a), are not available in sufficient quantities within the Union or in the countries and territories listed in Annex III. | |
| The competent authority may verify such compliance and request supporting evidence in accordance with this Regulation. | |
| This derogation shall cease to apply where any of the conditions set out in points (i) to (ii) is no longer fulfilled.' |
Or. en
Justification
This provision introduces a targeted derogation to ensure supply continuity for strategic dual-use industries. It allows the use of listed goods when they are essential inputs for products outside the Regulation and no equivalent alternatives are sufficiently available. At the same time, it preserves regulatory control through verification and limits the derogation strictly to the persistence of these conditions.
Amendment 179
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 3 a – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) in paragraph 3a, the following point is added: | |
| '(ba) electricity exchanges and flows originating from third countries, resulting from physical nature of electricity transmissions and actions undertaken by transmission system operators to ensure the secure and stable operation of the transmission systems, including but not limited to unintended exchange of energy as well as use of balancing services and handling emergencies.' |
Or. en
Amendment 180
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 3 a – point b a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) in paragraph 3a, the following point is added: | |
| '(ba) electricity flows from third countries resulting from actions that transmission system operators take to ensure the safe and secure operation of their networks, including handling emergencies and unscheduled flows.' |
Or. en
Justification
AM aligned with COM recital 8. It seems that the COM has forgotten to introduce this change.
Amendment 181
Marie-Luce Brasier-Clain, Mathilde Androuët, Matthieu Valet, Valérie Deloge, Anne-Sophie Frigout
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) the following paragraph 4a is inserted: | |
| ‘By way of derogation from paragraph 1 and at the request of a Member State, the Commission may exempt from the application of this Regulation certain goods imported into an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union, provided that the following conditions are met: | |
| (a) the imported goods are intended exclusively for local use; | |
| (b) the exemption is necessary and proportionate in view of the structural constraints of the region concerned, as duly established by the requesting Member State; | |
| (c) the exemption does not undermine the coherence of the Union’s internal market.’ |
Or. fr
Amendment 182
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2023/956
Article 2 – paragraph 7 a – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where a third country has requested to integrate its electricity market into that of the Union through market coupling pursuant to an international agreement, the Commission may, when establishing that the relevant third country has fully transposed the electricity market acquis, conclude a Memorandum of Understanding with that third country. | Where a third country has requested to integrate its electricity market into that of the Union through market coupling pursuant to an international agreement, and there is no technical solution for the application of the CBAM to the importation of electricity into the customs territory of the Union from that third country or territory, the Commission may assess whether at least the condition referred to in point X of paragraph 7 is fulfilled, and, if that is the case, it may conclude a Memorandum of Understanding with that third country for the application of the exemption provided for in Article 2(7). |
Or. en
Justification
The AM aims to improve clarity of the proposed new paragraph 7a and align its language with the one used in paragraph 7. The Commission has not provided information on whether the wording 'electricity market acquis' corresponds to any of the conditions listed under paragraph 7, and if so, which one(s). This should be clarified during the negotiations.
Amendment 183
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2023/956
Article 2 – paragraph 7 a – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| Where a third country has requested to integrate its electricity market into that of the Union through market coupling pursuant to an international agreement, the Commission may, when establishing that the relevant third country has fully transposed the electricity market acquis, conclude a Memorandum of Understanding with that third country. | Where a third country has requested to integrate its electricity market into that of the Union through market coupling pursuant to an international agreement, the Commission may, when establishing that the relevant third country has fully transposed the electricity market acquis, conclude a Memorandum of Understanding with that third country, or when the third country started the phased approach for its participation, should the agreement foresee such a provision. |
Or. en
Amendment 184
Sigrid Friis, Stine Bosse
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2023/956
Article 2 – paragraph 7 a – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The Memorandum of Understanding referred to in the first subparagraph shall set the timeline for the application of the exemption foreseen in Article 2(7) and the timeline for the implementation of a carbon pricing instrument equivalent to the EU ETS, insofar as electricity generation is concerned.; | The Memorandum of Understanding referred to in the first subparagraph shall set the timeline for the application of the exemption foreseen in Article 2(7) taking into account the target date for accession aligning with the Union’s enlargement policy towards the relevant third country, and the timeline for the implementation of a carbon pricing instrument equivalent to the EU ETS, insofar as electricity generation is concerned. Where a third country initiates the process of market integration to fully transpose the electricity market acquis, the Commission may assess the possibility of concluding a Memorandum of Understanding with that third country prior to the completion of the full integration of that acquis; |
Or. en
Justification
A Memorandum of Understanding can provide a structured and transparent way to reflect that progress, while preserving the environmental integrity of CBAM. This is important to avoid unduly penalising like-minded neighbouring countries and to maintain energy cooperation that supports both market stability and security of supply.
Amendment 185
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c
Regulation (EU) 2023/956
Article 2 – paragraph 7 a – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The Memorandum of Understanding referred to in the first subparagraph shall set the timeline for the application of the exemption foreseen in Article 2(7) and the timeline for the implementation of a carbon pricing instrument equivalent to the EU ETS, insofar as electricity generation is concerned.; | The Memorandum of Understanding referred to in the first subparagraph shall set the timeline for the application of the exemption foreseen in Article 2(7) and the timeline for the fulfilment of the remaining conditions set out in paragraph 7, including the implementation of a carbon pricing instrument equivalent to the EU ETS, no later than 1 January 2030, insofar as electricity generation is concerned. |
Or. en
Amendment 186
Sigrid Friis, Stine Bosse
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d
Regulation (EU) 2023/956
Article 2 – paragraph 8
| Text proposed by the Commission | Amendment |
|---|---|
| A third country or territory that fulfils all the conditions set out in paragraph 7, shall be listed in point 2 of Annex III. When assessing whether the conditions set out in paragraph 7 of this Article are fulfilled, the Commission shall take into account advancements in accordance with the timeline laid down in a Memorandum of Understanding under Article 2(7a). | A third country or territory that fulfils all the conditions set out in paragraph 7, shall be listed in point 2 of Annex III. When assessing whether the conditions set out in paragraph 7 of this Article are fulfilled, the Commission shall take into account the strategic objectives of the Union and advancements in accordance with the timeline laid down in a Memorandum of Understanding under Article 2(7a). |
Or. en
Amendment 187
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 9 – point c a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (da) in paragraph 9, the following point is added: | |
| '(ca) the Commission has evidence that the exemption has resulted in the indirect importation into the Union of energy from sources subject to Union restrictive measures.' |
Or. en
Amendment 188
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point d b (new)
Regulation (EU) 2023/956
Article 2 – paragraph 9 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (db) the following paragraph is inserted: | |
| 'The Commission shall make available on their website and update, as relevant, at least on an annual basis, all agreements, Memoranda of Understanding, roadmaps, commitments, and strategies referred to in paragraphs 7 and 7a, the full list of Union law covered by such documents, and the Commission’s assessments of the progress towards or the fulfilment of the conditions set out in paragraph 7 prior to the signing of the Memoranda of Understanding referred to in paragraph 7a and prior to the listing of the third countries in point 2 of Annex III referred to in paragraph 8.' |
Or. en
Amendment 189
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Regulation (EU) 2023/956
Article 2 – paragraph 11 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to amend the lists of third countries or territories listed in point 1 or 2 of Annex III by adding or removing a third country or territory, depending on whether the conditions set out in paragraph 6, 7 or 9 of this Article are fulfilled in respect of that third country or territory, or as a consequence of the incorporation of the CBAM into the EEA Agreement. Where, in the case of adding a third country to the list of third countries or territories listed in point 2 of Annex III, imperative grounds of urgency so require, the procedure provided for in Article 28a shall apply to delegated acts adopted pursuant to this paragraph. | The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to amend the lists of third countries or territories listed in point 1 or 2 of Annex III by adding or removing a third country or territory, depending on whether the conditions set out in paragraph 6, 7 or 9 of this Article are fulfilled in respect of that third country or territory, or as a consequence of the incorporation of the CBAM into the EEA Agreement. |
Or. en
Amendment 190
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Regulation (EU) 2023/956
Article 2 – paragraph 11 – subparagraph 1
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to amend the lists of third countries or territories listed in point 1 or 2 of Annex III by adding or removing a third country or territory, depending on whether the conditions set out in paragraph 6, 7 or 9 of this Article are fulfilled in respect of that third country or territory, or as a consequence of the incorporation of the CBAM into the EEA Agreement. Where, in the case of adding a third country to the list of third countries or territories listed in point 2 of Annex III, imperative grounds of urgency so require, the procedure provided for in Article 28a shall apply to delegated acts adopted pursuant to this paragraph. | The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to amend the lists of third countries or territories listed in point 1 or 2 of Annex III by adding or removing a third country or territory, depending on whether the conditions set out in paragraph 6, 7 or 9 of this Article are fulfilled in respect of that third country or territory, or as a consequence of the incorporation of the CBAM into the EEA Agreement. |
Or. en
Amendment 191
Sigrid Friis, Stine Bosse, Emma Wiesner
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e
Regulation (EU) 2023/956
Article 2 – paragraph 11 – subparagraph 2
| Text proposed by the Commission | Amendment |
|---|---|
| The Union may conclude agreements with third countries or territories with a view to taking into account carbon pricing mechanisms in such countries or territories for the purposes of the application of Article 9 as well as the mutual recognition of third-country accreditation bodies for the accreditation of a legal person to be a verifier pursuant to Article 18.; | The Union may conclude agreements with third countries or territories with a view to taking into account carbon pricing mechanisms in such countries or territories for the purposes of the application of Article 9 as well as the mutual recognition of third-country accreditation bodies for the accreditation of a legal person to be a verifier pursuant to Article 18, and shall in this context, seek to ensure the alignment of monitoring, reporting and verification systems, where feasible; |
Or. en
Justification
Alignment of monitoring, reporting and verification systems is important to ensure that carbon pricing mechanisms in third countries can be assessed on a reliable and comparable basis. Where feasible, closer MRV alignment would support transparency, reduce the risk of misreporting and facilitate cooperation on verification and accreditation, while preserving the environmental integrity of CBAM.
Amendment 192
Thomas Pellerin-Carlin, Nora Mebarek, Raphaël Glucksmann, Aurore Lalucq, Christophe Clergeau, Jean-Marc Germain, Eric Sargiacomo, Chloé Ridel, Pierre Jouvet, Murielle Laurent, Claire Fita, François Kalfon, Emma Rafowicz
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the following paragraph is added: | |
| 'A Member State may request the Commission to authorise a temporary adaptation of the application of this Regulation for goods listed in Annex I imported into such outermost regions referred to in Article 349 TFEU and destined exclusively for local consumption or local processing. | |
| The adaptation referred to in paragraph 1 shall be granted only where the Member State demonstrates, on the basis of verifiable evidence, that: | |
| (a) application of this Regulation would entail disproportionate socio-economic impacts in the outermost region concerned; | |
| (b) no viable alternative supply from within the customs territory of the Union or domestic sources is available in the short term; and | |
| (c) neither the goods nor the products concerned can subsequently be introduced into the customs territory of the Union. | |
| The request shall be accompanied by a binding transition plan setting out a phased timetable for progressively reducing dependence on the imports concerned, with measurable indicators, in line with the environmental objectives of this Regulation. | |
| The Member State shall notify the Commission and the other Member States of the request sufficiently in advance specifying the products, territories, justification, and measures aimed at preserving the integrity of the CBAM and preventing any form of circumvention. | |
| The Commission shall adopt a decision authorising or refusing the request within two months of its submission. Any authorised adaptation shall be strictly product-specific, and shall be granted for a maximum period of two years. | |
| The Commission shall ensure that all adaptations granted under this paragraph remain necessary, proportionate, and consistent with the environmental integrity of the CBAM and the proper functioning of the internal market. | |
| The Member State concerned shall submit to the Commission a regular monitoring report, at least every six months demonstrating how the adaptation remains necessary and does not impair the integrity of the CBAM nor the achievement of its goals. | |
| The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to supplement this Regulation by laying down requirements, procedures and deadlines for the submission of such requests for adaptation, including the list of admissible evidence and indicators, to ensure the application of this Regulation. The first of these delegated acts shall be adopted five months before the entry into force of this Regulation.' |
Or. en
Amendment 193
Laurence Trochu
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point e a (new)
Regulation (EU) 2023/956
Article 2 – paragraph 12 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) the following paragraph 12a is inserted: | |
| ‘Member States may provide for exemptions to the application of this Regulation for certain goods listed in Annex I hereto that are released for free circulation in an outermost region of the European Union within the meaning of Article 349 of the Treaty on the Functioning of the European Union. | |
| Member States shall, where appropriate, notify the Commission and the Member States of their intention to adapt the rules governing the application of the CBAM in one or more outermost regions under their jurisdiction, indicating the territories and products covered by the exemption. They shall also set out the reasons justifying the exemption, the planned date of application and the measures envisaged to protect local economies and prevent them from being adversely affected by the application of the CBAM. Those measures shall ensure that the products covered by the exemption are intended for local use and processing in the outermost region concerned. The notification shall be made no later than three months before the desired date of application. | |
| The Member State shall provide the Commission with a report every three years assessing the impact that the application of the CBAM would have on the flows of exempted goods.’ |
Or. fr
Justification
The outermost regions of the European Union enjoy a special status recognised by Article 349 TFEU. Full account should be taken of that special status in the CBAM, as its economic effects on the ORs are disproportionate compared to other regions of the European Union.
Amendment 194
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 1
| Present text | Amendment |
|---|---|
| (1a) in Article 2a, paragraph 1 is replaced by the following: | |
| An importer, including any importer with the status of an authorised CBAM declarant, shall be exempted from the obligations under this Regulation, where the net mass of the imported goods in a given calendar year does not cumulatively exceed the single mass-based threshold laid down in point 1 of Annex VII (the “single mass-based threshold”). That threshold shall apply to the total net mass of goods under all CN codes aggregated per importer and per calendar year. In such a case, the importer, including an importer with the status of an authorised CBAM declarant, shall declare that exemption in the relevant customs declaration. | 'An importer, including any importer with the status of an authorised CBAM declarant, shall be exempted from the obligations under this Regulation, where the net mass of the imported goods in a given calendar year does not cumulatively exceed the single mass-based threshold laid down in point 1 of Annex VII (the “single mass-based threshold”). That threshold shall apply to the total net mass of goods under all CN codes aggregated per importer and per calendar year. |
| By way of derogation from the first subparagraph, for goods falling under CN codes corresponding to aluminium, an importer shall be exempted from the obligations under this Regulation where the net mass of the imported goods in a given calendar year does not cumulatively exceed 40 % of the single mass-based threshold. | |
| In such a case, the importer, including an importer with the status of an authorised CBAM declarant, shall declare that exemption in the relevant customs declaration.'" |
Or. en
(32023R0956)
Amendment 195
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Michele Picaro, Aurelijus Veryga, Adrian-George Axinia, Paolo Inselvini
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 1
| Present text | Amendment |
|---|---|
| (1a) in Article 2a, paragraph 1 is replaced by the following: | |
| An importer, including any importer with the status of an authorised CBAM declarant, shall be exempted from the obligations under this Regulation, where the net mass of the imported goods in a given calendar year does not cumulatively exceed the single mass-based threshold laid down in point 1 of Annex VII (the “single mass-based threshold”). That threshold shall apply to the total net mass of goods under all CN codes aggregated per importer and per calendar year. In such a case, the importer, including an importer with the status of an authorised CBAM declarant, shall declare that exemption in the relevant customs declaration. | "'1. An importer, including any importer with the status of an authorised CBAM declarant, shall be exempted from the obligations under this Regulation, where the net mass of the imported goods in a given calendar year does not cumulatively exceed the single mass-based threshold laid down in point 1 of Annex VII (the ‘’single mass-based threshold’’) or where the net mass of the imported goods per calendar year does not cumulatively exceed the per supplier threshold, laid down in point 1 of Annex VII (the ‘’per supplier threshold’’). Those thresholds shall apply to the total net mass of goods under all CN codes aggregated per importer and per calendar year (‘’single mass-based threshold’’) and to the net mass of goods under all CN codes, aggregated per supplier for a given importer and per calendar year (‘’per supplier threshold’’). In such cases, the importer, including an importer with the status of an authorised CBAM declarant, shall declare that exemption in the relevant customs declaration;'" |
Or. en
(32023R0956)
Justification
For light duty vehicles (passenger cars and vans), the current 50-tonne threshold mainly benefits small importers. A simplified CBAM reporting tool is needed to reduce administrative burden while preserving environmental integrity, for example through an additional 1-tonne per supplier per reporting period de minimis threshold. This would ease compliance for larger importers and SMEs exceeding the current threshold, while still capturing the vast majority of emissions, in line with the Commission’s goals of simplification and competitiveness.
Amendment 196
Pascal Canfin, Emma Wiesner, Gerben-Jan Gerbrandy, Jeannette Baljeu, Stine Bosse
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 1a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) In Article 2a, the following paragraph is inserted: | |
| '1a. For importers of distance sales as referred in Article 3, point (15), the single mass-based threshold laid down in point A of Annex VII shall apply to the aggregated net mass of all goods covered by Annex I imported during the relevant calendar year, irrespective of the number of individual consignments imported by the final consumers.' |
Or. en
Amendment 197
Susana Solís Pérez, Dimitris Tsiodras, Massimiliano Salini, François-Xavier Bellamy
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) in Article 2a, the following paragraph is inserted: | |
| '2a. By 30 April of each calendar year, the Commission shall assess, on the basis of intra-Union trade data disaggregated by CN code for the preceding 12 calendar months, whether the single mass-based threshold results in the exclusion of more than 10% of intra-Union orders for specific goods. Where such threshold is found to create incentives for demand diversion or to undermine the level playing field within the internal market, the Commission shall adopt delegated acts in accordance with Article 28 to amend the threshold for those specific goods.' |
Or. en
Justification
The mass-based threshold may distort the internal market incentivising the purchase of goods outside of the EU. By relying on intra-Union trade data, the Commission can identify when this effect becomes significant, using a clear 10% benchmark, and adjust the threshold only where necessary, ensuring the system remains effective, proportionate and fair.
Amendment 198
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 3
| Present text | Amendment |
|---|---|
| (1a) in Article 2a, paragraph 3 is replaced by the following: | |
| 3. By 30 April of each calendar year, the Commission shall assess, on the basis of the import data for the preceding 12 calendar months, whether the single mass-based threshold ensures that paragraph 1 of this Article applies to no more than 1% of the emissions embedded in the imported goods and processed products. The Commission shall adopt delegated acts in accordance with Article 28 to amend the single mass-based threshold by using the methodology set out in point 2 of Annex VII, where the value of the resulting threshold deviates from the applicable threshold by more than 15 tonnes. The amended single mass-based threshold shall apply from 1 January of the following calendar year. | 3. By 30 April of each calendar year, the Commission shall assess, on the basis of the import data for the preceding 12 calendar months, whether the single mass-based threshold allows for the exclusion of small and medium-sized enterprises (SMEs) whose contribution to overall embedded emissions is negligible, thereby minimising the administrative burden on such enterprises. The Commission shall adopt delegated acts in accordance with Article 28 to amend the single mass-based threshold by using the methodology set out in point 2 of Annex VII, where the value of the resulting threshold deviates from the applicable threshold by more than 15 tonnes. The amended single mass-based threshold shall apply from 1 January of the following calendar year. |
Or. en
Amendment 199
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) in Article 2a, the following paragraph is inserted: | |
| '3a. Without prejudice to the assessment referred to in point 3 of this Article, by 30 April of each calendar year, the Commission shall assess, on the basis of intra-Union trade data disaggregated by CN code for the preceding 12 calendar months, whether the single mass-based threshold, or 40 % of that threshold in the case of aluminium in accordance with the second subparagraph of paragraph 1, results in the exclusion of more than 10 % of intra-Union orders for specific goods. Where such threshold or percentage is found to create incentives for demand diversion or to undermine the level playing field within the internal market, the Commission shall adopt delegated acts in accordance with Article 28 to amend it for those specific goods.' |
Or. en
Amendment 200
Susana Solís Pérez
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2023/956
Article 2 a – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) in Article 2a, the following paragraph is inserted: | |
| '3a. By 30 April of each calendar year, the Commission shall assess, on the basis of import data and embedded emissions data disaggregated by CN code for the preceding 12 calendar months, whether the application of the single mass-based threshold leads to the exclusion of goods representing more than 2% of the embedded emissions associated with the goods covered under a given CN code. Where such threshold is found to undermine the effectiveness of the mechanism, create incentives for circumvention or carbon leakage, or distort the level playing field within the internal market, the Commission shall adopt delegated acts in accordance with Article 28 to amend the threshold for those specific goods.' |
Or. en
Justification
A purely mass-based threshold may unintentionally exclude products with low weight but high embedded emissions, thereby undermining the environmental effectiveness of the mechanism. This could distort competition within the internal market and incentivise the sourcing of goods from outside the Union in order to avoid carbon-related obligations, particularly in downstream sectors with high-value and low-weight products.
Amendment 201
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2023/956
Article 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) the following Article is inserted: | |
| 'Article 2b | |
| Special arrangements for LDCs and LMICs | |
| 1. Imports of goods originating in countries classified as Least Developed Countries (LDCs) by the United Nations shall be exempt from the financial obligations established under Article 22, in line with the established principle of special and differential treatment within international trade law. | |
| 2. Operators located in LDCs shall remain subject to the reporting requirements under Article 10 in order to facilitate the gradual development of monitoring, reporting and verification capacities and prevent circumvention. | |
| 3. The Commission shall adopt implementing acts specifying simplified reporting requirements applicable to LDCs and to operators which are small and medium enterprises established in LMICs. These requirements shall facilitate the market participation of these operators without undermining the climate integrity of the CBAM and considering the need for CBAM reporting to remain reliable. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2).' |
Or. en
Amendment 202
Susana Solís Pérez, Isabelle Le Callennec, Gabriel Mato
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2023/956
Article 2 b (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (2a) the following Article is inserted: | |
| 'Article 2b | |
| Special regime outermost regions | |
| From 1 January 2026, by way of derogation from Article 2(1) and (2), this Regulation shall not apply to goods listed in Annex I where those goods are imported into an outermost region within the meaning of Article 349 of the Treaty on the Functioning of the European Union, provided that the following conditions are cumulatively fulfilled: | |
| (a) the goods are intended to be processed in that outermost region as part of a local production process; | |
| (b) the goods imported for the purpose of local processing are not subsequently introduced into the customs territory of the Union, except where they are introduced into another outermost region. Importers intending to benefit from the derogation referred to in the first paragraph shall submit to the competent authority of the Member State concerned a declaration attesting compliance with the conditions set out in points (a) and (b). | |
| The Member State concerned shall ensure compliance with point (b).' |
Or. en
Amendment 203
Pascal Canfin, Gerben-Jan Gerbrandy, Emma Wiesner, Jeannette Baljeu, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2023/956
Article 3 – point 15
| Present text | Amendment |
|---|---|
| (2a) in Article 3, point (15) is replaced by the following: | |
| (15) ‘importer’ means either the person lodging a customs declaration for release for free circulation of goods or a bill of discharge in accordance with Article 175(5) of Delegated Regulation (EU) 2015/2446 in its own name and on its own behalf or, where the customs declaration is lodged by an indirect customs representative in accordance with Article 18 of Regulation (EU) No 952/2013, the person on whose behalf such a declaration is lodged; | "'(15) ‘importer’ means either the person lodging a customs declaration for release for free circulation of goods or a bill of discharge in accordance with Article 175(5) of Delegated Regulation (EU) 2015/2446 in its own name and on its own behalf or, where the customs declaration is lodged by an indirect customs representative in accordance with Article 18 of Regulation (EU) No 952/2013, the person on whose behalf such a declaration is lodged, or in case of distance sales, the importer for distance sales as defined in Article 5(13) of Regulation (EU) …/… [reference to be added after adoption cf. COM(2023) 258 final]' " |
Or. en
(32023R0956)
Amendment 204
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – introductory part
| Text proposed by the Commission | Amendment |
|---|---|
| (3) in Article 3, the following point (35) is added: | (3) in Article 3, the following points are added: |
Or. en
Amendment 205
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 34 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (34a) 'resource shuffling' means redirecting to the Union the sales of goods covered by CBAM with lower embedded emissions that were sold to other markets during a reference period, while redirecting to other markets the sales of goods covered by CBAM with higher embedded emissions that were exported to the Union during the same reference period, without a corresponding decrease in total embedded emissions for goods covered by CBAM for the producer in question; |
Or. en
Amendment 206
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. Such abusive practices include, but are not limited to, fraudulent reporting, resource shuffling, reorganisation of patterns and channels of sales to direct by any means, to the EU low carbon goods, including the embedded precursors, without genuinely exporter’s total emissions to such goods. |
| This covers, inter alia the redirection of these goods from countries with relevant production of carbon intensive goods and without an equivalent carbon trading system to the EU Emissions Trading System, or from companies or group of companies with relevant production of carbon intensive goods. | |
| The assessment of the risk of abusive practices shall take into account the following criteria: | |
| (a) the relevance of imports; | |
| (b) heterogeneity of the carbon footprint of such goods within the same country or company or group of companies; | |
| (c) presence in the country of origin of an emissions trading system equivalent to the EU ETS. |
Or. en
Amendment 207
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. Such abusive practices include -but are not limited to- the reorganisation of patterns and channels of sales to redirect directly or indirectly to the EU low carbon goods, including the embedded precursors, without genuinely contributing to global emissions reductions, for instance by redirecting them from countries with relevant production of carbon intensive goods and without an equivalent carbon trading system to the EU Emissions Trading System, or from companies or group of companies with relevant production of carbon intensive goods. |
| The assessment of the risk of abusive practices as defined in the previous subparagraph shall take into account the following criteria: | |
| (a) the relevance of imports, | |
| (b) heterogeneity of the carbon footprint of such goods within the same country or company or group of companies; | |
| (c) presence in the country of origin of an emissions trading system equivalent to the EU ETS. |
Or. en
Amendment 208
Susana Solís Pérez
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. Such abusive practices include, but are not limited to, the reorganisation of patterns and channels of sales to redirect directly or indirectly to the EU low carbon goods, including the embedded precursors, without genuinely contributing to global emissions reductions, for instance by redirecting them from countries with relevant production of carbon intensive goods and without an equivalent carbon trading system to the EU Emissions Trading System, or from companies or group of companies with relevant production of carbon intensive goods. |
| The assessment of the risk of abusive practices as defined in the previous sub-paragraph shall take into account the following criteria: | |
| (a) the relevance of imports, | |
| (b) heterogeneity of the carbon footprint of such goods within the same country or company or group of companies; | |
| (c) presence in the country of origin of an emissions trading system equivalent to the EU ETS. |
Or. en
Amendment 209
Anna Zalewska, Jacek Ozdoba, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. Such abusive practices include, but are not limited to the reorganisation of patterns and channels of sales to redirect directly or indirectly to the EU low carbon goods, including the embedded precursors, without genuinely contributing to global emissions reductions, for instance by redirecting them from countries with relevant production of carbon intensive goods and without an equivalent carbon trading system to the EU Emissions Trading System, or from companies or group of companies with relevant production of carbon intensive goods. |
| The assessment of the risk of abusive practices as defined in the previous subparagraph shall take into account the following criteria: | |
| (a) the relevance of imports, | |
| (b) heterogeneity of the carbon footprint of such goods within the same country or company or group of companies; | |
| (c) presence in the country of origin of an emissions trading system equivalent to the EU ETS. |
Or. en
Amendment 210
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Pascal Arimont, Daniel Buda
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. Such abusive practices include, but are not limited to, the reorganisation of patterns and channels of sales to redirect by any means, to the EU low carbon goods, including the embedded precursors, without genuinely contributing to global emissions reductions. This covers, inter alia the redirection of these goods from countries with relevant production of carbon intensive goods and without an equivalent carbon trading system to the EU Emissions Trading System, or from companies or group of companies with relevant production of carbon intensive goods. The assessment of the risk of abusive practices shall take into account the following criteria: |
| (a) the relevance of imports; | |
| (b) heterogeneity of the carbon footprint of such goods within the same country or company or group of companies; (c) presence in the country of origin of an emissions trading system equivalent to the EU ETS.; |
Or. en
Amendment 211
Pascal Canfin, Emma Wiesner, Sigrid Friis, Jeannette Baljeu, Stine Bosse
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Regulation (EU) 2023/956
Article 3 – point 35
| Text proposed by the Commission | Amendment |
|---|---|
| (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU.; | (35) ‘abusive practices’ are practices pursued by an actor for the purpose of gaining a benefit by unduly avoiding, wholly or partially, the CBAM financial liability and thereby undermining the effectiveness of the CBAM to address the risk of carbon leakage in the EU. It includes, but is not limited to, reorganisation by an operator of its productions, sales or supply chain patterns with the effect of redirecting existing low-carbon production capacity towards the Union market without creating new and verifiable low-carbon production capacity, resulting in no net reduction of greenhouse gas emissions at the level of the relevant production sector in the country of origin. |
Or. en
Amendment 212
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2023/956
Article 3 – point 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) in Article 3, the following point is added: | |
| '(35a) “strategic dual industries” means a sector producing civilian, defence or security industrial products, characterised by strong dual-use interlinkages and cross-fertilisation, where: (a) the sector uses input materials whose required technical specifications or applicable certification and classification standards apply equally to civilian, defence and security production and cannot be met through substitution without material changes to those certifications or a substantial disruption of the production process; and (b) the finished products are not subject to this Regulation pursuant to Article 2.' |
Or. en
Justification
The definition identifies sectors where civilian and defence production are deeply intertwined, sharing the same technical standards and inputs. Substitution would disrupt production or require major certification changes. It also clarifies that final products should fall outside the Regulation, avoiding overlap while still recognising their strategic importance.
Amendment 213
Dimitris Tsiodras
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2023/956
Article 3 – point 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) in Article 3, the following point is added: | |
| '(35a) 'high risk of abusive practice' means any abnormal increase in the volume of imports of goods listed in Annex I from countries identified as presenting a high risk of circumvention or overcapacity in CBAM goods or precursor goods, or any significant inflationary effect on the relevant value chain resulting from the implementation of this Regulation.' |
Or. en
Justification
The amendment aims at clarifying the definition of high risk of abusive practices. It also brings more clarity and transparency.
Amendment 214
Michalis Hadjipantela
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2023/956
Article 3 – point 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) in Article 3, the following point is added: | |
| '(35a) 'high risk of abusive practice' means any abnormal increase in the volume of imports of goods listed in Annex I from countries identified as presenting a high risk of circumvention or overcapacity in CBAM goods or precursor goods, or any significant inflationary effect on the relevant value chain resulting from the implementation of this Regulation.' |
Or. en
Amendment 215
Lynn Boylan, Sebastian Everding
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2023/956
Article 3 – point 35 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (3a) in Article 3, the following point is added: | |
| '(35a) ‘lower-middle-income countries’ are countries listed as lower-middle income according to the World Bank’s income classifications1a.' | |
| 1a https://blogs.worldbank.org/en/opendata/understanding-country-income--world-bank-group-income-classifica |
Or. en
Amendment 216
Pascal Canfin, Gerben-Jan Gerbrandy, Emma Wiesner, Jeannette Baljeu, Stine Bosse, Katri Kulmuni
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2023/956
Article 5 – paragraph 1
| Present text | Amendment |
|---|---|
| (3a) Article 5, paragraph 1 is replaced by the following: | |
| 1. Any importer established in a Member State shall, prior to importing goods into the customs territory of the Union, apply for the status of authorised CBAM declarant (“application for an authorisation”). | "1. Any importer, including importer for distance sales, established in a Member State shall, prior to importing goods into the customs territory of the Union, apply for the status of authorised CBAM declarant (“application for an authorisation”)." |
Or. en
(32023R0956)
Amendment 217
Silvia Sardone, Jorge Buxadé Villalba, Anne-Sophie Frigout, Mathilde Androuët, Roman Haider, Susanna Ceccardi, Marie-Luce Brasier-Clain, Antonín Staněk, Viktória Ferenc
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -aa the following paragraph is inserted: | |
| ' 1a. By derogation from paragraph 1, the deadline for each authorised CBAM declarant to submit the CBAM declaration in 2027 for the year 2026 shall be set on 31 December 2027.' |
Or. en
Amendment 218
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -aa the following paragraph is inserted: | |
| ‘1a. By derogation from paragraph 1, the deadline for each authorised CBAM declarant to submit the CBAM declaration in 2027 for the year 2026 shall be set on 31 December 2027.’ |
Or. en
Justification
The deadline for submitting the first CBAM declaration for 2026 should be extended to 31 December 2027 to allow more time for verified emissions data.
Amendment 219
Andreas Glück
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point -a a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| -aa the following paragraph is added: | |
| ‘1a. By way of derogation from paragraph 1, each authorised CBAM declarant shall submit a CBAM declaration in 2027 for the year 2026 by 31 December 2027. |
Or. en
Justification
Due to the lack of accredited verifiers, many companies will be forced to use default values, leading to higher economic costs. This amendment, thus, grants more time for companies to submit the first CBAM declaration for the year 2026.
Amendment 220
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 1 a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point d a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (1a) the following point is added: | |
| '(da) where the good contains post-consumer aluminium or steel scrap, copies of verification reports, confirming that on-site inspections have concluded that the material used is post-consumer scrap;' |
Or. en
Amendment 221
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; in the case of iron and steel products as of customs code 7205, evidence on the installation of “melt and pour” by means of a mill certificate issued by the original steel producer, identifying the corresponding heat number and containing the technical and production data necessary to trace the origin of steel. The installation of “melt and pour” shall be the original location in which raw steel and iron is initially produced in liquid form within a steelmaking or iron making furnace and subsequently cast into its first solid state. |
Or. en
Amendment 222
Susana Solís Pérez
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; in the case of iron and steel products as of customs code 7205, evidence on the installation of “melt and pour” by means of a mill certificate issued by the original steel producer, identifying the corresponding heat number and containing the technical and production data necessary to trace the origin of steel. The installation of “melt and pour” shall be the original location in which raw steel and iron is initially produced in liquid form within a steelmaking or iron making furnace and subsequently cast into its first solid state. |
Or. en
Amendment 223
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; for iron and steel products under customs code 7205, evidence of the “melt and pour” stage shall be provided through a mill certificate issued by the original steel producer. This certificate must include the relevant heat number and all technical and production data required to trace the origin of the steel. For the purposes of this provision, “melt and pour” refers to the initial production stage where raw iron or steel is first melted in a furnace and then cast into its first solid state; |
Or. en
Justification
The introduction of traceability requirements should be expedited and applied as soon as possible to steel and steel products, based on the mill test certificate, in order to identify the installation where the steel was melted and cast.
Amendment 224
Katri Kulmuni
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; for goods classified under customs code 7205, proof of the “melt and pour” installation shall be furnished through a mill certificate issued by the original steel producer. Such certificate shall specify the applicable heat number and include the technical and production information necessary to enable full traceability of the steel’s origin. |
Or. en
Justification
The implementation of the traceability requirements should be accelerated and applied as fast as possible for steel and steel products on the basis of the mill test certificate in order to identify the installation where the steel was melted and poured.
Amendment 225
Massimiliano Salini, Letizia Moratti, Susana Solís Pérez, Flavio Tosi, Fulvio Martusciello, Daniel Buda
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration, and where relevant, evidence on the installation of "melt and pour"; |
Or. en
Amendment 226
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration, and where relevant, evidence on the installation of "melt and pour"; |
Or. en
Amendment 227
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point e
| Text proposed by the Commission | Amendment |
|---|---|
| (e) where applicable for the purpose of addressing the risk of misdeclaration resulting from the lack of supply chain traceability, evidence that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; | (e) where the good or combination of good and origin is listed in the implementing acts referred to in paragraph 6a, evidence, in accordance with the requirements set out in those implementing acts, that the goods imported during the preceding calendar year were produced at the declared installation and at the actual time of production referred to in the CBAM declaration; |
Or. en
Amendment 228
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) where, in accordance with a delegated act adopted in accordance with paragraph 7, the embedded emissions are determined on the basis of actual emissions for a combination of goods and origins that are subject to a high risk of abusive practices, evidence demonstrating that the high risk of abusive practices has not materialised.; | (f) in accordance with a delegated act adopted in accordance with paragraph 7, evidence demonstrating that the high risk of abusive practices has not materialised; |
Or. en
Justification
This provision ensures that when actual emissions are used for goods identified as high-risk for abusive practices, their use remains conditional on verification that such risks have not materialised in practice. It strengthens the integrity of the system by preventing misuse while relying on a delegated act framework to define the operational requirements in a targeted and proportionate manner.
Amendment 229
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point 2
Regulation (EU) 2023/956
Article 6 – paragraph 2 – point f
| Text proposed by the Commission | Amendment |
|---|---|
| (f) where, in accordance with a delegated act adopted in accordance with paragraph 7, the embedded emissions are determined on the basis of actual emissions for a combination of goods and origins that are subject to a high risk of abusive practices, evidence demonstrating that the high risk of abusive practices has not materialised.; | (f) where the combination of good and origin is listed in the delegated act referred to in paragraph 7, the information for the use of actual emissions for the combination of goods and origins as well as the evidence to demonstrate that no abusive practice has taken place, in accordance with the requirements set out in that delegated act; |
Or. en
Amendment 230
Michalis Hadjipantela
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 2 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the following paragraph is added: | |
| '2a. From the entry into force of this Regulation, for a period of one year, which may be renewed until verification processes are proven effective and reliable, the Commission is empowered to adopt implementing act laying down more stringent conditions for the use of actual values. The payment of the CBAM obligation would first be based on default values until those more stringent conditions defined in the implementing acts are met. The Commission shall adopt implementing acts establishing a list of countries or combinations of goods and countries fulfilling the criteria laid down in the implementing regulation. Before these conditions are demonstrated, payment shall be made on the basis of the default value. Once the conditions are fulfilled, reimbursement shall be organised on the basis of the difference between the validated actual values and the default values.' |
Or. en
Amendment 231
Adam Jarubas
on behalf of the PPE Group
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) 2023/956
Article 6 – paragraph 3 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the following paragraph is added: | |
| '3a. From the entry into force of this Regulation, for a period of one year, which may be renewed until verification processes are proven effective and reliable, the Commission is empowered to adopt implementing act laying down more stringent conditions for the use of actual values for aluminium goods. | |
| Until those more stringent conditions defined in the implementing acts are met, the payment of the CBAM obligation would first be based on a single default value to be applied to all unwrought aluminium uniformly in simple and complex goods, regardless of whether it contains pre- or post-consumer scrap. This default value should be based on the average CO₂ intensity of primary aluminium production in the country of smelting or the global average, without differentiation between primary and secondary production routes. | |
| The Commission shall adopt implementing acts establishing a list of countries or combinations of goods and countries fulfilling the criteria laid down in the implementing regulation. | |
| Before these conditions are demonstrated, payment shall be made on the basis of the default value. Once the conditions are fulfilled, reimbursement shall be organised on the basis of the difference between the validated actual values and the default values.' |
Or. en
Amendment 232
Sara Matthieu
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b
Regulation (EU) 2023/956
Article 6 – paragraph 6
| Text proposed by the Commission | Amendment |
|---|---|
| The Commission is empowered to adopt implementing acts concerning the standard format of the CBAM declaration, including detailed information for each installation and country of origin or other third country and type of goods to be reported, which supports the totals referred to in paragraph 2 of this Article, in particular as regards embedded emissions, the carbon price paid, the default carbon price for the purpose of Article 9(4), the procedure for submitting the CBAM declaration via the CBAM registry, including procedures for the review of CBAM declarations in accordance with Article 19, and the arrangements for surrendering the CBAM certificates referred to in paragraph 2, point (c), of this Article, in accordance with Article 22(1), in particular as regards the process and the selection by the authorised CBAM declarant of certificates to be surrendered.; | The Commission is empowered to adopt implementing acts concerning the standard format of the CBAM declaration, including detailed information for each step of the production chain, installation, including the production technology used, and country of origin or other third country and type of goods to be reported, which supports the totals referred to in paragraph 2 of this Article, in particular as regards embedded emissions, the carbon price paid, the default carbon price for the purpose of Article 9(4), the procedure for submitting the CBAM declaration via the CBAM registry, including procedures for the review of CBAM declarations in accordance with Article 19, and the arrangements for surrendering the CBAM certificates referred to in paragraph 2, point (c), of this Article, in accordance with Article 22(1), in particular as regards the process and the selection by the authorised CBAM declarant of certificates to be surrendered.; |
Or. en
Amendment 233
Alexandr Vondra, Ondřej Krutílek
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) 2023/956
Article 6 – paragraph 6 a
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. The Commission is empowered to adopt implementing acts concerning the identification of goods or combination of goods and origins for which evidence is to be included in the CBAM declaration pursuant to paragraph 2, point (e), as well as the specific type of evidence to be provided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2). | 6a. The Commission is empowered to adopt implementing acts concerning the identification of goods or combination of goods and origins for which evidence is to be included in the CBAM declaration pursuant to paragraph 2, point (e), as well as the specific type of evidence to be provided. The iron and steel products as of customs code 7205 shall be included in the list of goods covered by this provision due to the high risk of misdeclarations. Those implementing acts shall lay down detailed rules to ensure the authenticity and traceability of mill certificates referred to in Article 6 (2), point (e), including, where appropriate, the use of digital verification systems, unique identification numbers, or other control mechanisms to prevent falsification or misuse. Those implementing acts shall be adopted within three months from the entry into force of this Regulation in accordance with the examination procedure referred to in Article 29(2). |
Or. en
Amendment 234
Stefano Cavedagna, Nicola Procaccini, Pietro Fiocchi, Antonella Sberna, Sergio Berlato, Emmanouil Fragkos, Michele Picaro, Jacek Ozdoba, Beatrice Timgren, Aurelijus Veryga, Alexandr Vondra, Anna Zalewska, Galato Alexandraki, Adrian-George Axinia, Paolo Inselvini, Nora Junco García, Sander Smit, Claudiu-Richard Târziu, Laurence Trochu, Jadwiga Wiśniewska
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c
Regulation (EU) 2023/956
Article 6 – paragraph 6 a
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. The Commission is empowered to adopt implementing acts concerning the identification of goods or combination of goods and origins for which evidence is to be included in the CBAM declaration pursuant to paragraph 2, point (e), as well as the specific type of evidence to be provided. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2). | 6a. The Commission is empowered to adopt implementing acts concerning the identification of goods or combination of goods and origins for which evidence is to be included in the CBAM declaration pursuant to paragraph 2, point (e), as well as the specific type of evidence to be provided. The iron and steel products as of customs code 7205 shall be included in the list of goods covered by this provision due to the high risk of misdeclarations. Those implementing acts shall lay down detailed rules to ensure the authenticity and traceability of mill certificates referred to in Article 6(2), point (e), including, where appropriate, the use of digital verification systems, unique identification numbers, or other control mechanisms to prevent falsification or misuse. Those implementing acts shall be adopted within three months from the entry into force of this Regulation in accordance with the examination procedure referred to in Article 29(2). |
Or. en
Justification
The introduction of traceability requirements should be expedited and applied as soon as possible to steel and steel products, based on the mill test certificate, in order to identify the installation where the steel was melted and cast.