Senseible

Can an indirect customs representative refuse to act as Carbon Border Adjustment Mechanism (CBAM) declarant, and what happens if it only agrees for some goods?

Only when the importer is established in the European Union (EU). A refusing indirect customs representative must tell the importer and remind it of its CBAM duties. Where the importer is outside the EU, the representative must act. If it agrees for only some goods, it files two customs declarations.

When refusal is allowed

The Commission's Questions and Answers (Q&A) 7.2 say a refusal is possible only where the importer is established within the EU. Where the importer is not established in the EU, the importer must appoint an indirect customs representative who has to fulfil the CBAM obligations.

What a refusing representative must do

Where refusal is possible and the representative does not agree to act as authorised CBAM declarant, it shall notify the importer, informing it of the obligation to comply with the CBAM requirements. Q&A 7.1 adds that where the importer is established in an EU Member State, it must hold the status of authorised CBAM declarant unless an indirect customs representative acts as authorised CBAM declarant for the goods concerned.

Agreeing for some goods only

What an exporter should do

What Senseible does here

Senseible does not file customs or CBAM declarations and does not decide origin or who the declarant is.

Sources: European Commission, CBAM Questions and Answers, last updated 15 October 2026, questions 7.1, 7.2, 7.9 and 7.10

Last reviewed 2026-11-05. Check the Implementing Regulation on the declarant procedure if the Commission amends it. The 'what an exporter should do' list is our own advice.