The handling of missing actual emissions data in Belgium

The dominant issue at the moment is the limited possibility to report with the default values provided by the Commission. provided by the Commission. Companies are obliged to obtain and report the actual to obtain and report the actual emissions data on imported goods. report. But how do the national competent authorities in other countries authorities in other countries deal with the situation where companies (can) obtain actual emissions data? In the following, the approach of the competent Belgian authority, the Climate Change Service, is explained below.

The requirement for actual emissions data

It should be noted that even the competent Belgian authority does not allow authority does not allow every economic operator to continue to use use default values. Rather, the requirement exists for all imports of goods since July 1, 2024 to report actual emission data. report. In this respect, it deviates from the German Emissions Trading Authority which only imposes this obligation for imports from August 1, 2024 is specified.

The Belgian approach

However, it has pointed out that it basically has a certain certain discretionary scope. This is particularly relevant when relevant when checking whether a notifiable economic operator has taken the has taken the necessary steps to comply with the obligation to obligation to submit a (complete) CBAM report following the correction procedure. to comply.

In this context, the Belgian authority will, according to its own statement, justified difficulties in obtaining the necessary data on the actual emission data on the actual emission values from the manufacturer of the CBAM goods goods, especially in the case of reports that contain very few embedded emissions.

Recommended handling of erroneous reporting without actual emissions data

Where appropriate, the reporting economic operators should make use of the possibility to enter in the “Comments” field of the transitional field of the transitional register to provide reasons for the missing or incomplete reporting of actual emissions data in the “Comments” field of the transitional register.

The Belgian authority even lists examples of difficulties or efforts efforts that need to be added here. This could be, for example, the complexity of the production methods, which makes correct reporting makes correct reporting difficult or impossible. But it can also be evidence of the steps actually taken to obtain data on the actual emissions data on the actual emissions or those for follow-up communication with follow-up communication with manufacturers or suppliers in third countries, the relevant period and the duration in which this took place or similar. similar.

Obligation to provide evidence

It is to be welcomed that the authority is showing the affected companies companies concerned by way of example. This helps to internal company processes accordingly and to have at least the evidence listed should efforts to obtain actual emissions data fail. efforts to obtain the actual emissions data fail.

However, the expectation in the neighboring country is also that this demonstrates that all efforts have been made that are proportionate to the capacities of the possible with regard to the capacities of the economic operators. Interestingly, the Belgian authority also takes into account in its assessment the plant operators' ability to correctly determine the actual emissions. correctly.

Support in obtaining data and demonstrating efforts

If you have difficulties in obtaining emissions data, we will be happy to support you. You can contact us directly at helge@kolum.earth to contact us. We will also take over the management the certificates for you and keep track of all the efforts made for you. for you.

Best regards

Helge Wieggrefe