Intention to initiate the revocation procedure by the competent authority
Article 22
1. Where the competent authority intends to revoke an authorisation, it shall assess the conditions and criteria referred to in Article 17(8) of Regulation (EU) 2023/956, and as specified in Articles 9 and 10 of this Regulation. 2. When the competent authority determines whether the authorised CBAM declarant has been involved in a serious or repeated infringements of the obligation to surrender CBAM certificates referred to in Article 22(1) of Regulation (EU) 2023/956 or of the obligation to ensure a sufficient number of CBAM certificates in the CBAM account referred to in Article 22(2) of that Regulation, the competent authority shall consider the following factors: (a) the readiness of the authorised CBAM declarant to comply with the request to surrender the correct amount of CBAM certificates, or to ensure a sufficient amount of CBAM certificates in the CBAM account; (b) the intentional or negligent behaviour of the authorised CBAM declarant; (c) the past behaviour of the authorised CBAM declarant; (d) the level of cooperation of the authorised CBAM declarant to bring the infringement or the repeated behaviour to an end; (e) whether the authorised CBAM declarant has voluntarily taken measures to ensure that similar infringements cannot be committed in the future. 3. The competent authority may request the authorised CBAM declarant to provide additional information, and to provide observations on the information on which the competent authority intends to base its decision to revoke the authorisation before it makes such decision or initiates a consultation procedure pursuant to Article 25. The competent authority shall set a deadline, not exceeding 10 working days, within which the declarant shall provide the requested information or observations.