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Requirement · DATA-03Remain responsible for surrendering the correct number of CBAM certificates even where the declaration was built on information disclosed by the operator.
Authorised CBAM declarants relying on operator-disclosed information must comply, and it sits in an act that is partly law and partly a proposal.
Why it matters
The act this comes from is partly law in force and partly a proposal that can still change.
- It is Art. 1(8)(d), replacing the second sentence of Art. 10(7) of Regulation (EU) 2023/956, in the CBAM extension — downstream goods and anti-circumvention. as of 2026-08-14
- The act gives its timing as: from entry into force (third day after publication), Art. 2. as of 2026-08-14
- It names 4 industries by name: Steel, Aluminium, Cement and Chemicals. as of 2026-08-14
- Compliance is checked by competent authority, annual. as of 2026-08-14
The rule
New — no predecessor
Trigger
declarant submits a CBAM declaration on the basis of information disclosed by an operator
Obligation
Remain responsible for surrendering the correct number of CBAM certificates even where the declaration was built on information disclosed by the operator.
Who is affected
Addressee
Authorised CBAM declarants relying on operator-disclosed information
Class
Businesses
Sectors
Names Steel, Aluminium and metals, Cement and concrete, Chemicals and refining
Applies
from entry into force (third day after publication), Art. 2
Burden drivers
D6 — 1 of 7 marks fire on this provision.
Source text
Verbatim
Where the authorised CBAM declarant chooses to submit the CBAM declaration on the basis of this disclosed information, the authorised CBAM declarant shall remain responsible for surrendering the correct number of CBAM certificates pursuant to Article 22(1).
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