Data can be delegated; responsibility cannot. Regulation (EU) 2025/2083 permits an authorised declarant to use emissions data submitted by the operator through the CBAM registry, which removes duplicated data entry. Legal responsibility for the annual declaration stays with the authorised CBAM declarant, and only that party may import CBAM goods into the Union.
The question usually arises because the producing installation holds all the underlying data and the importer holds none of it. The regulation accommodates that reality on the data side while keeping the obligation where it started.
What can and cannot move
| Element | Can it move to the producer |
|---|---|
| Emissions data submission | Yes, through the CBAM registry under Regulation (EU) 2025/2083 |
| Underlying monitoring and records | Already sits with the producing installation |
| The annual CBAM declaration | No |
| Certificate purchase and surrender | No |
| Legal responsibility | No |
Why the distinction is more than formal
An operator submitting data through the registry reduces friction and improves data quality, because the figures come from the party that measured them rather than being retyped by a party that did not. But if those figures prove unsupportable, the consequence falls on the declarant, who faces the penalty and must still surrender the missing certificates.
That asymmetry is what drives the commercial behaviour visible in the market. A declarant carrying the risk will contract for data quality, seek indemnities, or move to a supplier whose figures survive verification.
Where the importer is not established in the Union
An importer without establishment in the Union cannot itself hold authorised CBAM declarant status. The route in that case is an indirect customs representative, who takes the declarant role and with it the responsibility. That is a substitution of the responsible party rather than a delegation of the duty, and the representative will price the risk accordingly.
Verification remains separate throughout. The declared figure is checked by an independent accredited verifier, whoever prepared or submitted the data.
Sources: Regulation (EU) 2023/956, Regulation (EU) 2025/2083
An exporter that can submit clean registry data becomes materially easier to buy from. CBAM solutions covers operator data preparation and submission readiness, and the CBAM guide sets out where registry submission falls in the annual cycle.