[SMM Stainless Steel Flash] EU keeps CBAM de minimis threshold unchanged as certificate sale rules remain pending
The European Commission's Directorate-General for Taxation and Customs Union (DG TAXUD) published its CBAM de minimis assessment on 30 September. For 1 April 2025 to 31 March 2026, it found that the 50-tonne single mass-based threshold exempted less than the statutory 1% limit of embedded emissions, so the threshold stays in place. Under the CBAM Regulation, the Commission must amend the threshold by delegated act if the value calculated under Annex VII deviates from the current one by more than 15 tonnes. The assessment did not publish the underlying calculation or methodology, and came later than the 30 April deadline set in the Regulation. DG TAXUD also issued a factsheet on CBAM certificates, but the delegated act on certificate sales, repurchase and fees has yet to be adopted and, according to industry sources, has slipped from the second quarter to the fourth. With certificate sales due to start on 1 February 2027 and Parliament and Council able to take up to four months to object, the rules risk not being in place in time. The Article 9 implementing regulation on crediting carbon prices paid in the country of origin has also been stuck at draft stage since May. For stainless steel importers, imports below 50 tonnes a year remain exempt, while those above the threshold still face uncertainty over certificate purchasing and origin-country carbon price credits, keeping CBAM cost calculations unsettled.