The Modification Phase for the Q3 2024 Report

At the end of October, companies were required for the first time to submit the CBAM report with actual emissions data. This posed significant challenges for many businesses. However, until the end of this week, you still have the opportunity to fully modify your CBAM report. This means you can retroactively report any emissions data received after the initial submission.

Timely Submission

Many companies, however, have not submitted all required CBAM reports yet. This is often due to either being unaware of the obligation or refraining from submitting reports due to difficulties with the CBAM Transitional Registry.

Importance of Deadlines

Technically, it remains possible to submit late reports through the European Commission’s portal. This has sometimes led businesses to underestimate the importance of timely submission. However, it’s important to note that submitting the report late constitutes a violation of the regulation.

The Status as an Authorised CBAM Declarant

Affected companies should bear in mind that such violations may impact the decision of the national competent authorities regarding applications for Authorised CBAM Declarant status. If companies encounter difficulties obtaining or reporting actual emissions data, they should avoid unnecessarily risking additional regulatory violations.

Comprehensive Assessment by the Authorities

For the authorities, a comprehensive assessment is critical in such procedures. Does the company strive to comply with the regulation, or does it fail to meet even the seemingly simple requirements?

Financial Penalties Through Indirect Means

While the regulation does not directly impose financial penalties for late CBAM report submissions, failing to (correctly) report emissions data can lead to consequences. If the report is not submitted, the authorities will initially give the company an opportunity to explain. However, if you are also missing actual emissions data, this will not work in your favor. The authority's decision to refrain from imposing sanctions in individual cases is discretionary. Efforts to comply with other aspects of the regulation will be considered. Therefore, a late submission could indirectly result in fines.

Make Use of the Modification Phase

The regulation allows you to fully modify your submitted report during the following month after each reporting period. There are no content-related restrictions during this phase. If you are under time pressure, it is advisable to submit an incomplete report or, in extreme cases, report just a single import. You can then use the following month to gather all the necessary data and submit a complete report. For the report that was due in October, this option is available until the end of November.

Support for Timely Report Preparation

If you are having trouble preparing and submitting your report on time, feel free to contact us at any time (helge@kolum.earth). We are happy to assist you so that you won’t even need to rely on the modification phase. Best regards, Helge Wieggrefe