in force 2025-10-20 MODIFIED+188 −336§
Amended by Regulation (EU) 2025/2083 32025R2083
applies from: unchanged
Paragraph 2 now splits the determination of embedded emissions in goods other than electricity into two lettered options, (a) actual emissions or (b) default values, rather than presenting default values as a fallback used only when actual emissions cannot be adequately determined or for indirect emissions.
Paragraph 5 adds the phrase "where applicable" to the reference to verifiers accredited under Article 18.
In paragraph 7(a), the text adds that system boundaries of production processes must be aligned with those covered by the EU ETS, removes the earlier reference to conditions for when actual emissions are deemed inadequately determinable, and extends the evidence requirement on actual-emissions criteria to also cover imported electricity and to paragraphs 2, 3 and 4 instead of only paragraph 2.
Cited: Art. 7, v2 · Art. 7, v1
text before / after
32023R0956 → 02023R0956-20251020
Article 7
Calculation of embedded emissions
1. Embedded emissions in goods shall be calculated pursuant to the methods set out in Annex IV. For goods listed in Annex II only direct emissions shall be calculated and taken into account.
2. Embedded emissions in goods other than electricity shall be determined determined:
(a) based on the actual emissions in accordance with the methods set out in points 2 and 3 of Annex IV. Where the actual emissions cannot be adequately determined, as well as in the case of indirect emissions, the embedded emissions shall be determined IV; or
(b) by reference to default values in accordance with the methods set out in point 4.1 of Annex IV.
3. Embedded emissions in imported electricity shall be determined by reference to default values in accordance with the method set out in point 4.2 of Annex IV, unless the authorised CBAM declarant demonstrates that the criteria to determine the embedded emissions based on the actual emissions listed in point 5 of Annex IV are met.
4. Embedded indirect emissions shall be calculated in accordance with the method set out in point 4.3 of Annex IV and further specified in the implementing acts adopted pursuant to paragraph 7 of this Article, unless the authorised CBAM declarant demonstrates that the criteria to determine the embedded emissions based on actual emissions that are listed in point 6 of Annex IV are met.
5. The authorised CBAM declarant shall keep records of the information required to calculate the embedded emissions in accordance with the requirements laid down in Annex V. Those records shall be sufficiently detailed to enable verifiers accredited pursuant to Article 18 18, where applicable, to verify the embedded emissions in accordance with Article 8 and Annex VI and to enable the Commission and the competent authority to review the CBAM declaration in accordance with Article 19(2).
6. The authorised CBAM declarant shall keep those records of information referred to in paragraph 5, including the report of the verifier, until the end of the fourth year after the year in which the CBAM declaration has been or should have been submitted.
7. The Commission is empowered to adopt implementing acts concerning:
(a) the application of the elements of the calculation methods set out in Annex IV, including determining system boundaries of production processes processes, which shall be aligned with those covered by the EU ETS, and relevant input materials (precursors), emission factors, installation-specific values of actual emissions and default values and their respective application to individual goods goods, as well as laying lay down methods to ensure the reliability of data on the basis of which the default values shall be determined, including the level of detail and the verification of the data, and including further specification of goods that are to be considered as simple goods and complex goods for the purpose of point 1 of Annex IV; those IV. Those implementing acts shall also specify the conditions under which it is deemed that actual emissions cannot be adequately determined, as well as the elements of evidence demonstrating that the criteria required to justify the use of actual emissions for imported electricity and for electricity consumed in the production processes of goods for the purpose purposes of paragraph 2 paragraphs 2, 3 and 4 that are listed in points 5 and 6 of Annex IV are met; and
(b) the application of the elements of the calculation methods pursuant to paragraph 4 in accordance with point 4.3 of Annex IV.
Where objectively justified, the implementing acts referred to in the first subparagraph shall provide that default values can be adapted to particular areas, regions or countries to take into account specific objective factors that affect emissions, such as prevailing energy sources or industrial processes. Those implementing acts shall build upon existing legislation for the monitoring and verification of emissions and activity data for installations covered by Directive 2003/87/EC, in particular Commission Implementing Regulation (EU) 2018/2066Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (OJ L 334, 31.12.2018, p. 1)., Implementing Regulation (EU) 2018/2067 and Commission Delegated Regulation (EU) 2019/331Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 29(2) of this Regulation.