Authorised CBAM Declarant Status – The First Draft of the Regulation

The European Commission still has several implementing acts to finalize, which will be adopted during the transitional phase of CBAM and aim to refine the mechanism further. Recently, it published the first draft of the regulation for the application process for so-called Authorised CBAM Declarant status.

The Status of an Authorised CBAM Declarant

During the operational phase of the Carbon Border Adjustment Mechanism, starting on January 1, 2026, affected companies will be required to hold the status of an Authorised CBAM Declarant. This requires prior application to the relevant authority. As early as January 1, 2025, companies will have the opportunity to submit their applications. Although companies will submit applications through the CBAM registry, the applications will likely be distributed to the appropriate authorities in the background. This procedure is already familiar from the submission of CBAM reports and the CBAM Transitional Registry.

Significance for CBAM-Obligated Companies

Obtaining the application is crucial for companies subject to CBAM obligations. As of January 1, 2026, this status is a prerequisite for continuing to import CBAM-relevant goods into the EU. Without it, companies effectively face an import ban on these goods.

The CBAM Regulation as a Foundation

The core principles for obtaining Authorised CAM Declarant status were established in the CBAM Regulation. This regulation already stipulated it as a requirement for importing CBAM-relevant goods, as well as the main points of the application procedure. Basic criteria that applicants must meet to obtain the status were also outlined there. Additionally, the European Commission was granted the authority to further detail these specifics through an implementing regulation, which it is now exercising.

Draft of the Implementing Regulation

At the end of last month, the European Commission published the first draft of this implementing regulation. Across six chapters, it outlines the additional provisions.

Duration of the Application Process

Particular attention should be given to the processing period granted to the relevant authority in the draft. A decision is expected within 120 calendar days from the date of application submission. Since failing to have this status by the January 1, 2026 deadline could significantly impact supply chains, affected economic operators should take proactive steps. They should prepare all necessary documentation to be able to submit their application by the second quarter of 2025 at the latest.

Importance of Compliance and Actual Emissions Data

The key criterion for obtaining Authorised CBAM Declarant status is that there are no serious or repeated violations of customs, tax, or competition law, as well as of the CBAM Regulation or its implementing regulation. Therefore, companies that fail to submit the required CBAM reports on time, or repeatedly fail to provide actual emissions data, risk being denied this status and may consequently be barred from importing CBAM-relevant goods.

Support with Application Submission

If you need support in applying for Authorised CBAM Declarant status, feel free to reach out to us (helge@kolum.earth). We are happy to assist you with the necessary preparations to ensure you can continue importing your goods as usual. Best regards Helge