CBAM 2026: Assonime Circular No. 11 clarifies ETS, DAC status and new obligations

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The Assonime Circular No. 11 of 13 April 2026 is one of the first major interpretative documents on the amendments introduced by Regulation (EU) 2025/2083 and provides operational clarification on the functioning of CBAM from 2026 onwards. In a context characterised by high energy prices, geopolitical tensions and growing attention to emissions costs, the relationship between CBAM and EU ETS is becoming increasingly relevant for importers.

CBAM and EU ETS: what changes from 2026

One of the main aspects highlighted by the Circular concerns the gradual phase-out of free EU ETS allowances through the so-called CBAM factor. This coefficient will progressively reduce the protection granted by the ETS system: 97.5% in 2026, 95% in 2027, 90% in 2028, until the complete removal of free allowances.

For companies importing goods subject to CBAM, this will lead to a gradual increase in the environmental cost embedded in imports and make it increasingly necessary to monitor emissions associated with goods sourced from third countries.

DAC status and new importer obligations

The Circular also highlights the need to carefully assess whether to obtain the status of Authorised CBAM Declarant (DAC), especially for companies close to the de minimis threshold of 50 tonnes per year or operating through indirect customs representatives.

From 2027, authorised importers will be required to hold on their CBAM account a number of certificates equal to at least 50% of the embedded emissions in imported goods from the beginning of the year. The penalty of EUR 100 for each CBAM certificate not surrendered remains confirmed, while the importation of goods without DAC authorisation may give rise to significantly higher penalties.

In this context, the Circular also draws attention to the importance of a robust customs governance framework. Customs authorities are in fact playing an increasingly central role within the CBAM system, with expanded powers both in relation to traditional customs controls and to the specific checks connected with the mechanism. These activities are based on mutual assistance between the administrative authorities of the Member States and on close cooperation with the European Commission.

Emissions, steel and mixed fertilisers

Among the most relevant clarifications provided by Assonime are also the simplifications relating to the calculation of emissions for steel- and aluminium-derived products. In many cases, the emissions embedded in precursors are primarily relevant, while those generated during subsequent processing stages may be excluded.

The Circular also clarifies that, for mixed fertilisers and complex goods, emissions embedded in precursors already subject to the EU ETS should not be counted a second time. This concerns cases where, as highlighted by Assonime, a producer in a third country exporting CBAM goods to the European Union – for example mixed fertilisers – sources precursors such as ammonia and urea from a plant located in the EU and already covered by the EU ETS. In such situations, the producer should theoretically obtain information on the emissions embedded in the ammonia and urea and then add them to the overall calculation of the embedded emissions of the mixed fertilisers.

These emissions are in fact already covered by the EU ETS and the related carbon price should be deducted from the financial adjustment under the CBAM; their inclusion would therefore only result in an additional communication and compliance burden, without providing any actual added environmental value. This avoids duplication and makes the reporting of actual emissions clearer.

Finally, the Circular draws attention to the obligation for the Authorised CBAM Declarant (DAC) to ensure that the actual emissions embedded in imported goods are verified by an independent party. Such verifier may only be a legal entity accredited by a recognised accreditation body. In Italy, this role is performed by ACCREDIA, which certifies the competence, impartiality and reliability of the bodies and laboratories responsible for verifying the compliance of goods and services with the applicable rules.

What changes with Assonime Circular n.11

For importers, the message of Assonime Circular No. 11 is clear: CBAM is no longer an issue to be addressed in the future, but already requires structured governance, preventive controls, monitoring of imports and careful planning of costs and compliance risks.