[ParlTrack]

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 38

(38) As importers of goods covered by this Regulation should not have to fulfil their CBAM obligations under this Regulation at the time of importation, specific administrative measures should be applied to ensure that the obligations are fulfilled at a later stage. Therefore, importers should only be entitled to import CBAM goods after they have been granted an authorisation by ~~competent authorities responsible for the application of this Regulation.~~CBAM Authority (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Recital 51

(51) To facilitate and ensure a proper functioning of the CBAM, the Commission should provide support to the competent authorities responsible for the application of this Regulation in carrying out their obligations.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 3 – paragraph 1 – point 11

~~(11) ‘competent authority’ means the authority, designated by each Member State in accordance with Article 11 of this Regulation;~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Chapter III – title

~~III Competent a~~CBAM Authorit~~ies~~y

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 11 – title

~~Competent a~~Appointment of the CBAM Authorit~~ies~~y

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 11 – paragraph 1

1. Each Member State shall designate the competent authority to carry out the obligations under this Regulation and inform the Commission thereof. The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 1

~~The Commission shall make available to the Member States a list of all competent authorities and publish this information in the Official Journal of the European Union.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 11 – paragraph 1 a (new)

1a. The Commission shall appoint the competent authority to perform obligations referred to in Articles 17 to 24 as the CBAM Authority.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 11 – paragraph 2

~~2. Member States shall require that competent authorities exchange any information that is essential or relevant to the exercise of their functions and duties.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 12 – title

~~Commission~~ Decisions taken by the CBAM Authority 1. The CBAM Authority shall, without delay, take any decision that is required to implement the provisions of this Regulation. 2. Any decision of the CBAM Authority shall take effect from the date of its notification to the holder of the decision. 3. If the CBAM Authority considers that it does not have all the necessary information to take a decision, it shall contact the holder of the decision and specify what additional information is required. The holder of the decision shall submit the required information to the CBAM Authority without delay. 4. The holder of the decision shall inform the CBAM Authority without delay of any changes to the information provided arising after the decision was taken, which may influence its continuation or content. In this case, the CBAM Authority shall reassess its decision in light of that information. 5. Any decision taken by the CBAM Authority which adversely affects the holder of the decision shall set out the grounds on which it is based and shall include a reference to the right of appeal provided for in Article 27a. Before the decision is taken, the CBAM Authority shall give the holder of the decision the opportunity to make its point of view known to the CBAM Authority within a given period of time. Following the expiry of that period, the holder of the decision shall be notified of the decision in the appropriate form. 6. The CBAM Authority may, at any time, annul, revoke or amend its decision upon reasoned request by the holder of the decision or on its own initiative, if appropriate. 7. The Commission shall specify, by means of implementing acts, any further detailed arrangement or procedural rule concerning the decision-making of the CBAM Authority. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article [29(2)].

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 12 – paragraph 1

~~The Commission shall assist the competent authorities in carrying out their obligations under this Regulation and coordinate their activities.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 14 – title

~~National registries and central database~~ CBAM Registry 1. The CBAM Authority shall set up a CBAM Registry for the execution of processes relating to CBAM certificates, in accordance with the conditions set in Articles 22to 26. 2. The CBAM Registry shall contain a database with information about each authorised declarant, in particular:(a) name and contact details of the authorised declarant;(b) EORI number of the authorised declarant;(c) CBAM account number;(d) number, price and date of purchase of CBAM certificates held by each authorised declarant. 3. The CBAM Registry shall also contain, in a separate section of the database, the names and additional details of the operator and of the third country installations registered in accordance with Article 11. 4. This database shall be confidential. Only the names of the authorised declarants and of the operator and of the third country installations included in the database shall be accessible to the public. 5. The Commission shall adopt implementing acts concerning the infrastructure and specific processes of the CBAM Registry and the electronic databases containing the information above. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 14 – paragraph 1

1. The competent authority of each Member State shall establish a national registry of declarants authorised in that Member State in the form of a standardised electronic database containing the data regarding the CBAM certificates of those declarants, and to provide for confidentiality in accordance with the conditions set out in Article 13.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 14 – paragraph 2

2. The database referred to in paragraph 1 shall contain accounts with information about each authorised declarant, in particular: (a) the name and contact details of the authorised declarant; (b) the EORI number of the authorised declarant; (c) (d) date of purchase, the date of surrenddeleted the CBAM account number; the number, or the ~~date of re-purchase, or that of the cancellation by the competent authority, of CBAM certificates for each authorised declarant.~~price of sale, the

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 14 – paragraph 3

~~3. The information in the database referred to in paragraph 2 shall be confidential.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 14 – paragraph 4

4. The Commission shall establish a central database accessible to the public containing the names, addresses and contact details of the operators and the location of installations in third countries in accordance with Article 10(2). An operator may choose not to have its name, address and contact details accessible to the public.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 15

1. central administrator to maintain an independent transaction log recording the purchase of CBAM certificates, their holding, surrender, re-purchase and cancellation and ensure coordination of national registries. 2. carry out risk-based controls on transactions recorded in national registries through an independent transaction log to ensure that there are no irregularities in the purchase, holding, surrender, re-purchase and cancellation of CBAM certificates. 3. result of tArticle 15 deleted Central administrator The Commission shall act as The coentr~~ols carried out under paragraph 2, the Commission shall inform the Member State or Member States concerned for further investigation in order to correct the identified irregularities.~~al administrator shall If irregularities are identified as a

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 16 – title

Accounts in the ~~national registries~~ CBAM Registry 1. The CBAM Authority shall assign to each authorised declarant a unique CBAM account number. Each declarant shall be granted access to its account in the CBAM Registry to fulfil its obligations pursuant to Article 10. 2. The CBAM Authority shall set up the account at the time of authorisation and notify the authorised declarant thereof. 3. If the authorised declarant has ceased activity or the CBAM authorisation is withdrawn, the CBAM Authority shall close the account of that declarant. 4. The Commission shall adopt implementing acts laying down procedures concerning the accounts of the CBAM Registry. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 16 – paragraph 1

~~1. The competent authority shall assign to each authorised declarant a unique CBAM account number.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 16 – paragraph 2

~~2. Each authorised declarant shall be granted access to its account in the registry.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 16 – paragraph 3

~~3. The competent authority shall set up the account as soon as the authorisation referred to in Article 17(1) is granted and notify the authorised declarant thereof.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 16 – paragraph 4

~~4. If the authorised declarant has ceased its economic activity or its authorisation was revoked, the competent authority shall close the account of that declarant.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 17 – paragraph 3

3. If the competent authority refuses to authorise a declarant, the declarant requesting the authorisation may, prior to an appeal, object to the relevant authority under national law, who shall either instruct the national administrator to open the account or uphold the refusal in a reasoned decision, subject to requirements of national law that pursue a legitimate objective compatible with this Regulation and are proportionate.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 17 – paragraph 4 – point c

(c) the ~~CBAM~~ account number in the CBAM Registry.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 17 – paragraph 8 a (new)

8a. The CBAM Authority may verify the accuracy and completeness of the information given by the applicant in accordance with Article 5(3) and the existence, authenticity, accuracy and validity of any supporting document. Such controls may be carried out at the premises of the applicant.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 17 – paragraph 9 a (new)

9a. The Commission shall adopt, by means of implementing acts, the modalities for the application of the criteria referred to in paragraph 1 and for guarantees referred to in paragraph 6. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2).

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 18 – paragraph 2

2. In addition to paragraph 1, ~~a national accreditation bod~~The CBAM Authority may on request accredit a person as a verifier under this Regulation after checking the documentation attesting its capacity to apply the verification principles referred to Annex V to perform the obligations of control of the embedded emissions established in Articles 8, 10 and 38.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 19 – paragraph 4

4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 19 a (new)

Article 19 a Revenues The revenues generated by the sale of CBAM certificates shall constitute internal assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council . They shall be assigned to cover the costs of the operation and maintenance of the CBAM Authority. Any revenue remaining after covering these costs shall be assigned to the Union budget.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 22 – paragraph 4

4. The recipient of the notification referred to in paragraph 3 may lodge an appeal of the notification. The recipient of the notification shall be provided with information regarding the procedure to be followed in the event of an appeal.deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 25 – paragraph 5 a (new)

5a. As of the initiation of investigations under Articles 28 and 29 and having informed the Member States in due time, the Commission may direct the customs authorities to take the appropriate steps to register imports, so that measures may subsequently be applied against those imports from the date of such registration. Imports shall be made subject to registration following a request, from the Union industry, which contains sufficient evidence to justify such action. Imports may also be made subjecte introduced by Commission regulation. Such regulation shall specify the purpose of the action and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject to registration for a period longer than nine months.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Article 26 – paragraph 4 – point f

~~(f) of the right of the authorised declarant or of the person to appeal under national rules.~~deleted

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Chapter VI a (new)

Appeals Article 27a Appeals against decisions taken by the CBAM Authority 1. An appeal shall lie from decisions of the CBAM Authority that adversely affect any interested person, including decisions on penalties, circumvention and actual mission values. Those decisions shall take effect only as from the date of expiration of the appeal period of two months. The filing of the appeal shall have suspensive effect. Products concerned by an appeal will be subject to registration according to Article 25(5a). 2. Any party to proceedings adversely affected by a decision may appeal. Any other parties to the proceedings shall be parties to the appeal proceedings as of right. 3. The Board of Appeal shall be newly set up and consist of three full members, to be respectively appointed by the Council, by the European Parliament and by the Commission. The chair will be appointed by the Council. The Council and the European Parliament will respectively appoint two additional alternate members. 4. The Commission shall adopt delegated acts pursuant to Article 28, to define the composition, the appointment and the procedures of the Board of Appeal with a view to assure the independence of its members, including during the transitional period. During the transitional period the Commission will hold the functions of the Board of Appeal. Article 27b Examination of appeals 1. The Board of Appeal shall examine whether the appeal is admissible. 2. In the examination of the appeal, the Board of Appeal shall invite the parties, as often as necessary, to file observations, within a period to be fixed by the Board of Appeal, on communications from the other parties or issued by itself. 3. Following the examination as to the admissibility of the appeal, the Board of Appeal shall decide on the appeal. The Board of Appeal may either exercise any power within the competence of the CBAM Authority or remit the case to the latter for further prosecution. 4. If the Board of Appeal remits the case for further prosecution to the CBAM Authority, the latter shall be bound by the line of reasoning of the Board of Appeal, in so far as the facts are the same. 5. The decisions of the Board of Appeal shall take effect only as from the date of expiry of a period of two months, if an action has been brought before the General Court within that period, as from the date of dismissal of such action or of any appeal filed with the Court of Justice against the decision of the General Court. Article 27c Actions before the Court of Justice 1. Actions may be brought before the General Court against decisions of the Boards of Appeal in relation to appeals. 2. Actions may be brought before the General Court against any decision of the CBAM Authority. In this case administrative appeal under Article 27b will be precluded. 3. The action may be brought on grounds of lack of competence, infringement of an essential procedural requirement, infringement of the TFEU, infringement of this Regulation or of any rule of law relating to their application or misuse of power. 4. The General Court shall have jurisdiction to annul or to alter the contested decision. 5. The action shall be open to any party to proceedings before the Board of Appeal adversely affected by its decision. 6. The action shall be brought before the General Court within two months of the date of notification of the decision of the Board of Appeal in case of action under paragraph 1 of this Article and within two month of the date of the notification of the decision of the CBAM Authority in case of actions under paragraph 2 of this Article. 7. The CBAM Authority shall take the necessary measures to comply with the judgment of the General Court or, in the event of an appeal against that judgment, the Court of Justice.

2022/02/08
Committee: ITRE

Adam JARUBAS, Jerzy BUZEK, Janusz LEWANDOWSKI

Proposal for a regulation
Annex III – point 4 – point 4.1 – paragraph 1

When actual emissions cannot be adequately determined by the authorised declarant, default values shall be used. These values shall be set at the average emission intensity of the worst 10 per cent worst performing installations of each exporting country and for each of the goods listed in Annex I other than electricity, increased by a mark-up, the latter to be determined in the implementing acts of this Regulation. When reliable data for the exporting country cannot be applied for a type of goods, the default values shall be based on the average emission intensity of the 105 per cent worst performing EU installations for that type of goods.

2022/02/08
Committee: ITRE

34 Amendments of Janusz LEWANDOWSKI related to 2021/0214(COD)

ParlTrack - 2011-2024