CBAM: Planned simplifications (bus package) and what importers can still expect in 2025

EU Commission's Proposed Amendments

The amendment aims to exempt 90% of the companies currently affected from the scope of the CBAM, while at the same time continuing to price 99% of all import-related emissions. Simultaneously, simplifications are being introduced in various areas, which will bring relief to both EU companies and third-country producers of CBAM goods. The amendments still need to be adopted by the Council and the European Parliament. Therefore, much is still subject to change.

New Threshold: 50 tonnes of CBAM goods instead of €150 per consignment

The most important change is the introduction of a new threshold. The CBAM Regulation will only apply to importers who import 50 tonnes of CBAM goods per year. No threshold will apply only to imports of electricity and hydrogen. It is important for corporations that this threshold applies to each CBAM declarant, i.e., to each group company individually. The draft regulation indicates that the status of "approved CBAM declarant" will only be necessary for importers of CBAM goods that exceed the threshold. However, the draft is not entirely clear on this point. More precise details are still pending. The timing of the acquisition of CBAM certificates and the deduction of CO2 prices from third countries: The financial burden on companies due to CBAM is to be postponed. The sale of CBAM certificates for 2026 is not scheduled to begin until February 2027. Therefore, no CBAM certificates need to be acquired in 2026 (although they must still be factored into the price). The number of CBAM certificates that must be held in the account of the authorized CBAM applicant at the end of each quarter will be reduced from 80% to 50%. At the same time, there will be restrictions on the return of unused CBAM certificates. Since information on actual CO₂ prices paid is often difficult to obtain, the EU Commission intends to publish "standard values" for CO₂ prices in third countries. The details will be regulated separately. Delegation of reporting obligations and extension of submission deadlines: In the future, CBAM applicants will be able to delegate the fulfillment of their reporting obligations to third parties. This allows companies to outsource or concentrate tasks within the group. However, the approved CBAM declarant remains ultimately legally responsible. The CBAM declaration can be submitted by October 31st of each year (instead of the previous May) for the preceding calendar year. The CBAM declaration for 2026 must therefore be submitted by October 31st, 2027. Simplifications in the determination of emission values: The draft regulation itself does not yet contain detailed simplifications regarding the determination of emission values. However, it creates the legal basis for this. It stipulates that the EU Commission must align the system boundaries for CBAM goods with the system boundaries of the EU Emissions Trading System. This is currently not the case for many complex goods. The changes are intended to prevent emissions from manufacturing processes in third countries from being recorded, as these emissions would also not be covered by the EU Emissions Trading System. Accredited Auditors The draft regulation contains new provisions on accredited auditors and the accreditation procedure. It is unclear whether the new regulation should be interpreted as entailing an obligation to accept audit requests from plant operators in third countries. Expansions of the scope remain planned; stricter enforcement Companies that remain subject to CBAM even after the new regulation must expect an expansion of the product list. In particular, the EU Commission mentions that an expansion to downstream goods is planned. In full:

“Simplifying the mechanism would also be a key enabler for a potential future scope extension, especially to downstream goods.”

Focusing CBAM on the “larger” importers is also intended to reduce the administrative burden on authorities. The EU Commission is pursuing the goal of strengthening the prosecution of non-compliance and circumvention activities. In addition to stricter monitoring, the draft regulation provides for higher sanctions. Furthermore, national customs authorities are to monitor the flow of goods covered by CBAM.

National regulations – Granting of “authorized CBAM declarant” status by authorized bodies

As early as the beginning of February, the Bundestag and Bundesrat initiated an amendment to the Greenhouse Gas Emissions Trading Act. This legislation contains – albeit with considerable delay – administrative regulations for the nationally responsible authorities (German Emissions Trading Authority at the Federal Environment Agency). Furthermore, the law gives the Federal Environment Agency the option of delegating the task of authorizing CBAM applicants to a private company (so-called delegation). What still needs to be done in 2025: As long as the amendments have not yet been adopted by Parliament and the Council, all importers must, in principle, prepare for the full implementation of CBAM in 2026. This should be done judiciously. Companies that expect to import 50 tonnes or more of CBAM-relevant goods in 2026 must, in any case, register as CBAM applicants and prepare to purchase CBAM allowances. The reporting obligations must be fulfilled by all importers until further notice. Companies should also continue to ensure that they meet the requirements for approval as CBAM notifiers in order to prevent supply chain disruptions on January 1, 2026, should the threshold increase fail in the Council or Parliament. The CBAM costs incurred from 2026 onwards (and due in 2027) should also continue to be factored into pricing, and corresponding risks should be hedged in contracts whose terms extend beyond 2025.