Will the data shared in the CBAM Transitional Registry be dealt with confidentiality?
According to Article 14 of the CBAM Regulation, the information contained in the CBAM registry “shall be confidential, with the exception of the names, addresses and contact information of the operators and the location of installations in third countries”. Article 13 of the CBAM Regulation and Article 15 of the Implementing Regulation laying down reporting obligations for the transitional period include an obligation of professional secrecy to information acquired by the competent national authority.
In the optional Communication template which operators and importers may use to exchange information during the transitional period, operators of installations have the possibility to decide whether they want to share the full, detailed information (optional) or only the synthesis tabs necessary to submit the CBAM declaration. There is a degree of flexibility allowing operators not to disclose the data they may consider sensitive. On the basis of this experience, the Commission will also reflect on the information that has to be disclosed in the reports and by the external verifiers in the definitive regime.
The Commission is working to provide, from January 2025, a separate access for operators to the Registry to allow submitting information directly through the Registry (see Question 41). Operators may then decide which information may be disclosed to which reporting declarants.
Source: EC’s Questions and Answers on CBAM
CBAM Regulation
regulation-2023_1773.pdf